UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
• Anonymity – whistle-blowers can report corrup - tion anonymously. If personal details are disclosed, confidentiality and anonymity are guaranteed. • Legal assistance – whistle-blowers are entitled to free legal assistance for protecting their rights or to reimbursement of the attorney’s fees. • Employment protection – whistle-blowers and their close relatives cannot be dismissed, disciplined or subjected to negative employment actions (such as suspension, demotion or salary reduction) owing to their reporting. If such actions occur, whistle-blow - ers are entitled to reinstatement and compensation for lost income. • No legal liability – whistle-blowers are not legally liable for reporting corruption, even if their report violates their official, civil, labour or other obliga - tions. Regarding incentives, whistle-blowers may receive a financial reward if the value of the reported corruption offence or the related losses exceeds UAH7.5 million (approximately EUR155,000). The reward amounts to 10% of the monetary value of the crime or the damage caused, but shall not exceed UAH24 million (approxi - mately EUR496,000) as of 2025. An anonymous report of an offence can be submitted electronically via forms available on the official web portals of all law enforcement agencies, the Prosecu - tor’s Office, and the National Agency for Corruption Prevention (NACP). These forms ensure and guaran - tee the confidentiality of the whistle-blower and pro - tection of their identity. 4.5 Cross-Border Defence Strategies Impact of Different Jurisdictions on Defence Strategy • Divergent approaches to evidence, standards of proof, and the rights of the accused may require adaptation of the strategy in each country. • Disclosure requirements vary across jurisdictions. This increases the risk that evidence provided in one jurisdiction could be used against the client in another, or conversely, that evidence may not be accepted. • International requests from law enforcement authorities or asset freezes often require co-ordina -
tion with lawyers in the countries where the investi - gation is ongoing. • Co-ordinated Defence Mechanisms – mutual col - laboration among defence counsel within a net - work of international lawyers to exchange informa - tion and harmonise defence positions. Limitations of International Co-Operation Some jurisdictions do not fully, or only partially, rec - ognise evidence obtained abroad, particularly if it was collected in breach of local procedural rules. Political or diplomatic factors may delay or restrict inter-state co-operation (eg, delays in providing infor - mation or refusals due to domestic political interests or strained relations with another country). 5. Key Trends and Future Outlook 5.1 The Year Ahead Over the coming year, Ukraine is not expected to implement large-scale reforms or experience high- profile political events specifically in the area of white-collar crime. At the same time, a series of legal and institutional updates are anticipated, aimed at strengthening the response to economic offences and white-collar crime. Overhaul of Key Anti-Corruption and Economic Institutions • ARMA (Asset Management Agency) – ongoing reform includes a transparent leadership selec - tion process, external evaluation of activities, and improved mechanisms for managing confiscated assets. • BEB (Bureau of Economic Security) – effectively undergoing a “restart” with the appointment of a new head, updates to HR policies, and the setting of investigative priorities. • State Customs Service – appointment of a new head is expected, which should strengthen anti- corruption measures and efforts against smuggling. Implementation of Procedural Reforms A series of amendments to the Criminal Procedure Code adopted in 2024–2025 will take full effect in 2025–2026. Notably, the High Anti-Corruption Court
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