UKRAINE Trends and Developments Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
any actions aimed at circumventing the enforcement of listed sanctions. • A minimum threshold of liability for deliberate breaches/evasion of certain types of sanctions is set at 300 non-taxable minimum incomes of citi - zens (UAH454,200 in 2025, adjusted annually). This threshold does not apply to military or dual-use goods, for which liability arises regardless of value. • No limitation period will apply to criminal liability for such offences: individuals may be prosecuted at any time. • The investigation of such crimes will fall within the competence of investigators of the Security Service of Ukraine (SSU). While the investigation of crimes against national security is the SSU’s prima - ry prerogative, white-collar offences are not among its core specialisations. • A broad definition of “asset” will be introduced, which, in addition to conventional assets (eg, prop - erty and funds), will encompass cryptocurrency, virtual assets, and assets under obligations (eg, funds lent to third parties, and receivables). The introduction of specific criminal liability is expect - ed to: • strengthen the effectiveness of Ukraine’s sanctions policy; • create a deterrent effect to prevent attempts at sanctions evasion; and • harmonise Ukrainian legislation with the practices of the EU and the USA, thereby also facilitat - ing international co-operation in the field of law enforcement. Accordingly, by the end of 2025, the practice of white- collar crime is expected to undergo significant devel - opment in relation to the investigation of potential offences involving the breach or evasion of sanctions. Combating the use of coercive methods of pressure on business The years 2024–2025 have been marked by increased pressure from law enforcement agencies on busi - nesses.
Entrepreneurs most frequently report the following instances of unlawful conduct by law enforcement officers: • searches conducted without judicial authorisation; • seizure and arrest of property, thereby obstructing business operations; • demands for unlawful benefit; and • excessive summonses for questioning. This issue reached catastrophic proportions, prompt - ing the National Security and Defence Council (NSDC) to intervene on two occasions. At the beginning of 2024, the President of Ukraine, by Decree, enacted the NSDC Decision “On Urgent Measures to Ensure Economic Security during the Period of Martial Law”. The Decree provided the fol - lowing. • The Cabinet of Ministers must urgently submit draft legislation to the Verkhovna Rada introduc - ing amendments aimed at establishing “additional guarantees for the protection of the lawful interests of entrepreneurship”. • The General Prosecutor’s Office, the State Bureau of Investigation, the National Police, the Economic Security Bureau of Ukraine, and the Security Ser - vice of Ukraine were instructed to conduct, within three months, an audit of the restrictive measures applied against business entities in criminal pro - ceedings. However, by the end of 2024, law enforcement author - ities had failed to conduct a meaningful audit of crimi - nal proceedings, and Parliament had not introduced the legislative amendments necessary to prevent pressure on business. Accordingly, in 2025: • the NSDC decided to introduce a moratorium on business inspections; • the newly appointed Prosecutor General announced a review of criminal proceedings against businesses; and • Parliament commenced consideration of draft laws amending the Criminal Procedure Code of Ukraine
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