UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
Additionally, if the court approves a reconciliation agreement (between the accused and the victim) or a plea agreement (between the accused and the prose - cutor), it will impose a sentence that reflects the terms agreed upon by the parties involved. Mitigating Factors The factors considered for the mitigation of punish - ment are listed in Article 66 of the Criminal Code. This list is not exhaustive. In the sphere of white-collar crime, the following may apply. • Personal conduct and efforts towards redress: (a) confession, genuine remorse, or active co- operation in the detection of the offence; and (b) voluntary compensation for damages caused or rectification of the harm inflicted. • Personal circumstances of the defendant: (a) state of health; and (b) absence of previous convictions, and good character. • Motives and degree of guilt – commission of the offence as a result of severe personal, family, or other circumstances: (a) under threat, coercion, or due to material, pro - fessional, or other dependency; or (b) under the influence of strong emotional dis - tress. In addition, the court may take into account other cir - cumstances that mitigate punishment, depending on the specific facts of the case. 1.7 Damages and Compensation In Ukraine, a civil claim for damages arising from a crime may be brought in one of two forums: • civil court – by initiating proceedings within the civil justice system; or • criminal court – by submitting the claim to the court handling the related criminal case, provided it is filed before the start of the trial. If a civil court dismisses the claim, the claimant may not subsequently pursue the same claim within the criminal proceedings. Likewise, if a criminal court rejects the claim, the claimant loses the right to seek compensation in civil proceedings.
However, if no civil claim is filed during the criminal proceedings, or if such a claim remains unresolved, the claimant retains the right to bring the matter before a civil court. Where multiple individuals suffer damage from the same crime, each must file a separate civil claim, as Ukrainian law does not provide for collective actions in these circumstances. 2. Enforcement 2.1 White-Collar Enforcement Authorities Ukrainian legislation does not specifically categorise crimes as “white-collar”. Instead, such offences are generally classified under economic crimes, corrup - tion offences and crimes committed by officials. Corruption Crimes Corruption crimes and those related to corruption hold a significant position within this category. Ukraine has established a specialised anti-corruption framework to address these crimes. The National Anti-Corruption Bureau (NABU) is responsible for investigating corruption offences and related crimes. NABU detectives investigate cases involving: • embezzlement; • unlawful seizure of property; • money laundering; • misappropriation of budget funds; • issuance of illegal regulatory acts; and • bribery of employees within public legal entities. They also handle crimes associated with the provision of public services. The Specialised Anti-Corruption Prosecutor’s Office (SAPO) works alongside NABU in prosecuting cor - ruption-related cases. The High Anti-Corruption Court handles first-instance trials for corruption crimes. The Appellate Chamber of the High Anti-Corruption Court addresses appeals in corruption cases.
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