Anti-corruption defence (NABU, SAPO, HACC)

Anti-corruption proceedings have features of their own: dedicated pre-trial investigation bodies, a separate court, and heightened attention from the public and the media. That calls for a distinct defence strategy.

When to get in touch

• the pre-trial investigation is being conducted by the National Anti-Corruption Bureau of Ukraine
• procedural supervision is exercised by the Specialised Anti-Corruption Prosecutor’s Office
• the case is being heard by the High Anti-Corruption Court
• the proceedings concern asset declarations or conflicts of interest

What the lawyer does

• establishes which body has jurisdiction and checks its powers
• accompanies the client during investigative actions and questioning
• deals with preventive measures and the seizure of assets
• analyses the material from covert investigative (search) actions
• represents the client before the High Anti-Corruption Court
• coordinates the communications side of the case where needed

Which cases NABU investigates

Detectives of the National Anti-Corruption Bureau of Ukraine investigate criminal offences under Articles 191, 206-2, 209, 210, 211, 354 (in respect of officers of legal entities under public law), 364, 366-2, 366-3, 368, 368-5, 369, 369-2 and 410 of the Criminal Code of Ukraine. They include misappropriation or embezzlement of property through abuse of office, abuse of power or office, accepting and offering an undue advantage, illicit enrichment, abuse of influence and false asset declarations. But only where at least one of the following conditions is met (part 5 of Article 216 of the Criminal Procedure Code):

• the offence was committed by a person on the statutory list – among others a Member of Parliament, the Prime Minister or a member of the Cabinet of Ministers, a category A civil servant, a member of a regional council, a local government official of the first or second category, a judge (other than judges of the High Anti-Corruption Court), a prosecutor of certain prosecution offices, a member of the senior officer corps of the military, or the head of a large business entity in which the state or municipal share exceeds 50%
• in cases under Articles 354 (in respect of officers of legal entities under public law), 368, 369 and 369-2 of the Criminal Code, the undue advantage is 500 or more times the subsistence minimum for able-bodied persons; in cases under Articles 191, 206-2, 209, 210, 211, 364 and 410, the subject of the offence or the damage is 5,000 or more times that level, where the offence was committed by an official of a government authority, law enforcement agency, military formation, local government or an entity in which the state or municipal share exceeds 50%
• the offering, promising or giving of an undue advantage (Article 369 and part 1 of Article 369-2 of the Criminal Code) was directed at an official specified in part 4 of Article 18 of the Criminal Code or at a person on the list above

In addition, the prosecutor supervising NABU investigations may, by a decision, assign proceedings under these articles to NABU where the offence has caused or could have caused grave consequences (part 5 of Article 216 of the Criminal Procedure Code).

Who runs the case and where it is heard

• the pre-trial investigation by NABU is supervised by the Specialised Anti-Corruption Prosecutor’s Office, which also conducts the prosecution in court (clauses 1 and 2 of part 3 of Article 8-1 of the Law of Ukraine on the Public Prosecutor’s Office)
• the High Anti-Corruption Court has jurisdiction over proceedings concerning corruption offences (the note to Article 45 of the Criminal Code) and offences under Articles 206-2, 209, 211, 366-2 and 366-3 of the Criminal Code where the same conditions of part 5 of Article 216 of the Criminal Procedure Code are met. Other courts may not hear such cases (parts 1 and 3 of Article 33-1 of the Criminal Procedure Code)
• investigating judges of the High Anti-Corruption Court exercise judicial control over the observance of the rights, freedoms and interests of persons in these proceedings (part 2 of Article 33-1)
• appeals against decisions of the High Anti-Corruption Court are heard by its Appellate Chamber, and cassation appeals by the Supreme Court (parts 2 and 3 of Article 33)

Why investigative jurisdiction matters

Whether a case meets the conditions of part 5 of Article 216 of the Criminal Procedure Code determines who investigates it, who supervises the investigation and which court will hear it. Entrusting the investigation of a case within NABU’s jurisdiction to another body is prohibited, except where objective circumstances prevent NABU from functioning or from investigating under martial law (Article 36). Where related offences under another body’s jurisdiction are uncovered during the investigation and cannot be separated into distinct proceedings, the prosecutor determines jurisdiction over all of them by a decision (part 10 of Article 216). That is why checking jurisdiction is one of the first steps in the defence.

Legal basis

NABU’s investigative jurisdiction is set by part 5 of Article 216 of the Criminal Procedure Code of Ukraine; the jurisdiction of the High Anti-Corruption Court by Article 33-1 and instance jurisdiction by Article 33; the list of corruption offences by the note to Article 45 of the Criminal Code of Ukraine; and the functions of the Specialised Anti-Corruption Prosecutor’s Office by Article 8-1 of the Law of Ukraine on the Public Prosecutor’s Office. In all other respects proceedings follow the general rules of the Criminal Procedure Code of Ukraine.

Legislation and case law are updated over time; this page reflects the position as of November 2026.

Frequently asked questions

How do these cases differ from ordinary ones?

They are investigated by NABU, supervised by the Specialised Anti-Corruption Prosecutor’s Office and heard by the High Anti-Corruption Court, with appeals going to its Appellate Chamber (part 5 of Article 216 and Articles 33 and 33-1 of the Criminal Procedure Code). As a rule, they also involve a large volume of material from covert investigative (search) actions.

Does the High Anti-Corruption Court hear every corruption case?

No. The High Anti-Corruption Court hears corruption offences (the note to Article 45 of the Criminal Code) and offences under Articles 206-2, 209, 211, 366-2 and 366-3 of the Criminal Code only where at least one condition of part 5 of Article 216 of the Criminal Procedure Code is met: the special status of the person, a large undue advantage or amount of damage, or an advantage offered to an official on the statutory list (part 1 of Article 33-1). Other cases are heard at first instance by local general courts (part 1 of Article 33).

Can a case go to NABU if the amount is small?

Yes, if the offence was committed by a person on the list in clause 1 of part 5 of Article 216 of the Criminal Procedure Code: the conditions in that part are alternatives, so for such persons the amount is not decisive. The prosecutor may also assign proceedings to NABU where the offence has caused or could have caused grave consequences (part 5 of Article 216).

Who prosecutes NABU cases?

Prosecutors of the Specialised Anti-Corruption Prosecutor’s Office: they supervise NABU investigations and conduct the prosecution in court (clauses 1 and 2 of part 3 of Article 8-1 of the Law of Ukraine on the Public Prosecutor’s Office).

Where are decisions of the High Anti-Corruption Court appealed?

To the Appellate Chamber of the High Anti-Corruption Court; cassation review is carried out by the Supreme Court (parts 2 and 3 of Article 33 of the Criminal Procedure Code). The rulings of an investigating judge that may be appealed during the pre-trial investigation are listed in part 1 of Article 309; the time limit is five days from the ruling’s pronouncement (clause 3 of part 2 of Article 395).

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