The last two years can be confidently attributed to the most active years for the law enforcement system as a whole. But the quality of this work is, as always, open and debatable.
Are the claims of the investigation justified, was the search legitimate, did the criminal proceedings against the person legitimately start? There were many such questions. And in many cases, the answer was ‘no’.
What to expect next? WCC practice is currently being actively structured. We observe the emergence of new trends, among which the following TOP-7 can be distinguished.
Activation of anti-corruption institutions
The activity of the anti-corruption bodies, the NABU/SAPO, is expected to increase. This is due to the fact that the fight against corruption is one of the requirements of international donors.
The statistics for previous periods are eloquent. Over the past year and a half, we have recorded historically high figures:
- In the first half of 2023 – 137, people were notified of suspicion
- In the second half of 2023 – 120, people were notified of suspicion
- In the first half of 2024 – 166, people were notified of suspicion
And it is obvious that they will not stop at these achievements. Moreover, it is worth mentioning the decision taken by the Parliament to expand the NABU staff. An additional 300 people will be recruited to the Bureau over the next three years. The HCJ also expanded the judiciary of the HACC and its Appeals Chamber by a total of 25 judges.
By the way, this tandem (HACC and NABU) is ranked first and second, respectively, in the 2023 Transparency International rating of the work of Ukraine’s anti-corruption bodies.
Expanding international cooperation and cross-border investigations
The year 2023 showed that the borders between countries have virtually ceased to exist. Ukraine has gained recognition in the international arena. As a result, law enforcement agencies from abroad are willing to cooperate with us.
Due to various circumstances, many Ukrainians have travelled abroad, received temporary protection there, and have no plans to return. Since such persons are legally residing abroad, any procedural actions in relation to them should be carried out under the international legal assistance procedure.
We are already seeing a significant increase in the volume of such cases. We also record notices of suspicion abroad, arrest and extradition. Companies specialising in providing services to Ukrainian citizens in cross-border matters are emerging in the EU.
Statistics confirm this. The number of requests for international assistance sent by Ukrainian law enforcement agencies in 2023 was 612, of which 504 were considered.
‘Unhealthy’ activity of the ESB
The ESB declares that it is fighting economic crimes, but statistics show an increase in the number of investigations related to pressure on business.
Reasons for the intensification of the ESB’s work:
- Increased demands from international partners, including the EU, to combat corruption and money laundering.
- Significant public attention to the body’s activities.
Over the past nine months, the ESB has significantly intensified its activities. The Bureau registered almost as many criminal proceedings as in the whole of 2023:
- in the field of business (1661 vs. 1752 in 2023)
- for tax evasion (599 vs. 697 in 2023)
Statistics show an increase in the number of:
- seizures of property (323 meetings in nine months vs. 282 meetings in the whole of 2023);
- covert investigations (2696 vs. 1798 in the whole of 2023)
- preventive measures (160 motions in the first half of 2024 vs. 82 in the same period in 2023)
These statistics demonstrate the approach of the ESB. Despite statements about the priority of analytical work, the ESB actively resorts to forceful methods, which indicates a change in its strategy.
This approach creates considerable uncertainty for businesses, as even in the absence of actual offences, they may be put under pressure.
Decrease in judicial control
Judicial control has significantly decreased, which in turn provokes destructive behaviour of law enforcement officers. Recently, there have been many media reports about numerous business searches, detentions, arrests of CEOs, etc. At the same time, everyone is actively accusing investigators of unlawful pressure on business. However, they forget about an important point: the search/arrest warrant is granted exclusively by the court. Accordingly, law enforcement abuses are impossible without court approval.
Developing a new niche – Military WCC
The war has provoked a cash flow into the military sector. We are talking about defence orders, supplies, production, imports of weapons, etc.
In this category of cases, we can already see law enforcement agencies becoming more active. Currently, perhaps every second procurement in the defence sector is the subject of some kind of criminal proceedings. In 2024, such active work continued. I predict an increase in the pace.
‘Miracles’ of legal qualification
Classical criminal law actions that were previously qualified as asset misappropriation/theft, abuse of office, tax evasion, etc. are now accompanied by additional qualifications – obstruction of the lawful activities of the Armed Forces of Ukraine, high treason.
The additional qualification leads to an artificial change of jurisdiction. As a result, the pre-trial investigation is carried out not by a specially created body – the NABU/ ESB – but by the SSU.
In addition, this qualification leads to increased pressure on law enforcement.
Law Enforcement ‘Tourism’
Law enforcement officers are increasingly looking for ‘convenient’ courts. This is linked to the frequent artificial change of jurisdiction in criminal proceedings. As a result, judicial control at the pre-trial investigation stage becomes a fiction.
Counsel Sergii Boiko for Yurydychna Gazeta.
