EQUITY acted as general partner of the XVII KYIV CRIMINAL LAW FORUM
Taras Poshyvaniuk and Bohdan Slobodian, partners at EQUITY participated in the XVII KYIV CRIMINAL LAW FORUM.
During the event, Taras Poshyvaniuk opened and moderated the session «General Trends and Prospects of the State's Criminal Law Policy Regarding Business in 2025–2026. Current Judicial Practice in the Criminal Sphere,» while Bohdan presented on the topic «Mask Show Stop in 2025: Does the Mechanism for Protecting Business from Coercive Pressure Work» during the second session of the forum, dedicated to the practical aspects of a lawyer's participation in criminal proceedings.
The discussion of the first session, moderated by Taras Poshyvanyuk, involved representatives of the judiciary, law-enforcement agencies, the legal proffesion, and the business community.
- Oleh Tkachuk, Judge of the Grand Chamber of the Supreme Court;
- Denis Gyulmagomedov, First Deputy Director of NABU;
- Lilia Kuznets, Counsel at VB Partners and lawyer;
- Olena Kostyuchenko, Partner at Dmitrieva & Partners, Chair of the NER, and Member of the AAU board;
- Oleksandr Maksymenko, Lawyer and Investment and Business Expert; Oksana Birs, Chair of the Dnipro District Court of Kyiv and judge;
- Yakiv Melnyk, Deputy head of the investigation Department of the main directorate of the National Police in Kyiv.
During the session, participants discussed the main trends in the transformation of criminal law policy, issues related to the legalization of cryptocurrency,challenges of judicial practice under martial law, the impact of anti-corruption tools on business, matters of international legal assistance and extradition,as well as the constitutionality of certain provisions of the Criminal Procedure Code of Ukraine.
The second session of the forum was devoted to the topic, «Practical aspects of a lawyer's participation in criminal proceedings: Building defense strategies, expertise, life hacks, evidence collection, and admissibility; asset tracing,» and was complemented by a presentation by Bohdan Slobodian.
Key points:
- Statistics indicate increasing criminal pressure.
More criminal offenses in the field of economic activity were registered in 2025 than in 2024, while fewer proceedings were closed. This indicates that the «mask-show stop» mechanism is not yet functioning properly.
- New tools are not always effective.
Although the «White Business Club» can be used as a preventive tool during criminal proceedings, it does not actually work for cases under Article 212 of the Criminal Code.
The StopTisk portal enables systematic recording of pressure,yet its effectiveness depends on the practical implementation of response mechanisms and holding those responsible accountable.
- Key legislative issues remain unresolved:
1. the need to prohibit repeated motions for arrest or preventive measures without new evidence;
2. the blocking economic activity through the seizure of property and bank accounts;
3. statutory time-limited of property seizure, which are often ignored in practice;
4. the absence of an effective institution for separate judicial rulings on misconduct by violations investigators and prosecutors;
5. criminal proceedings under Article 212 without tax notices-decisions, which allows pressure to be exerted on businesses until the actual tax debt is established.
Another important issue was also raised: searches conducted without a court order, still being disguised as «urgent cases.»
We sincerely thank the organizers for the invitation and for creating a platform for open discussion of key challenges in the field of criminal law. EQUITYteam will continue to work on the development of legal practice, business protection, and the improvement of effective law enforcement mechanisms.