UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
can be interrogated. Witnesses have the right to refuse to testify against themselves, their close relatives or family members, and the right to withhold legally protected secrets (eg, confessions, medical records, notarial and lawyer–client communications). Providing false testimony may result in criminal liability. Conducting Searches Searches of individuals or legal entities require a per - mit from an investigating judge. The judge’s order must specify the investigators authorised to conduct the search and the items or documents that can be seized. The prosecution must demonstrate that the items or documents are crucial for the investigation and are located at the premises, and that the search is the most effective course of action. Search permits are valid for up to one month and can be used only once. A new permit is required for any subsequent searches. Performing Secret Investigative Actions These actions may include monitoring private com - munications, overseeing criminal activities and real- time surveillance of bank accounts. Such measures are carried out based on decisions made by investiga - tors, prosecutors or investigating judges, depending on the type of action. Tracing, Freezing and Seizure of Digital Assets Ukraine does not have specific legislative regulation for the tracing, freezing, and seizure of digital assets. At the same time, law enforcement authorities active - ly trace, arrest (freeze), and seize cryptocurrencies, tokens, and other digital assets, relying on general provisions, in particular the Criminal Procedure Code (CPC) and the Laws on Prevention and Counterac - tion to Legalisation (Laundering) of the Proceeds of Crime and on Financial Monitoring. Such measures are applied where digital assets constitute physical evidence, have been obtained unlawfully, or are sub - ject to confiscation. • Arrest and seizure (confiscation) – carried out on the basis of an investigating judge’s ruling, in accordance with the CPC requirements. • Freezing (suspension of transactions) – legally possible under the above-mentioned Laws on
Anti-Money Laundering and Financial Monitor - ing. In practice, however, this directly depends on the jurisdiction and willingness or unwillingness of cryptocurrency exchanges to co-operate with law enforcement authorities. 2.4 Use of Technology in Investigations Ukrainian legislation does not currently regulate the use of artificial intelligence by law enforcement authorities, nor does it prohibit it. Accordingly, the application of such technologies in the investigation of economic or “white-collar” crimes remains at the discretion of law enforcement and state authorities. Reports from law enforcement bodies do not provide information on whether artificial intelligence is used or not. 2.5 Internal Investigations The practice of conducting internal investigations is evolving in Ukraine. Currently, there is no specific legislative framework governing internal investigations within private companies. However, it is increasingly common for companies, particularly international ones operating in Ukraine, to establish their own internal policies and procedures for managing these investigations. These internal policies typically address the protocols and procedures for conducting investigations, reflect - ing a growing trend towards formalising investigative practices within the corporate sector. In Ukraine, internal corporate investigations are pri - marily influenced by data protection and labour leg - islation. • The Law on Personal Data Protection regulates the collection, processing, and storage of employees’ personal information. Companies are obliged to ensure confidentiality and restrict access to such data. • Internal investigations are often linked to discipli - nary matters; therefore, when conducting such investigations, companies must comply with procedures established by labour law so as not to infringe employees’ rights.
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