Prolonged detention is one of the most sensitive issues in criminal law. In many cases, a restrictive measure effectively transforms into a punishment, violating fundamental human rights. One such instance became a focal point for the Riyako & Partners team when a client, who had been held in custody for years, sought our assistance.
For several years, the restrictive measure remained in force without proper justification: the court of first instance issued two convictions, both of which were subsequently challenged on appeal. This situation directly contravened Article 5 of the European Convention on Human Rights, which guarantees the right to liberty and security of person.
When the national justice system fails to function correctly, recourse to the European Court of Human Rights (ECHR) becomes essential. It was a ruling from this Court that proved pivotal in the case, confirming the human rights violation and facilitating the client’s release after nearly seven years in detention.
Our Actions The legal team at Riyako & Partners, alongside specialists in ECHR defence led by Oleksandr Shevtsov, undertook comprehensive work on behalf of the client:
- Prepared and filed a substantiated motion with the Court of Appeal to vary the client’s restrictive measure;
- Justified the legal position by citing the ECHR ruling in the case of “X and Others v. Ukraine”;
- Successfully secured a judicial review of the court’s position and the client’s release from custody.
This decision was not only a victory for the client but also a significant precedent for the protection of human rights in Ukraine. We believe that even in the most complex cases, the right to liberty can be upheld through consistent and intellectual legal action.
Our client was served with a notice of suspicion regarding the alleged unlawful acquisition of a land plot within the city of Kyiv, alongside a motion for the restrictive measure of remand in custody.
However, the circumstances of the case proved to be far from evident, and the prosecution failed to provide sufficient grounds for the application of the most severe restrictive measure.
Our Actions The legal team at Riyako & Partners analysed all materials of the criminal proceedings and the evidence gathered by the prosecution, identifying:
- A lack of evidence linking the client to the commission of the alleged criminal offence;
- Unsubstantiated and unproven claims regarding the scale of the damages caused;
- Numerous procedural violations during the conduct of investigative and legal actions.
A thorough and rapid analysis of the case materials enabled our solicitors to prepare reasoned objections against the proposed detention and to effectively present the defence’s position in court.
The Result Instead of remand in custody, the court applied a more lenient restrictive measure in the form of night-time house arrest, which was subsequently commuted to a personal recognisance (personal undertaking).
In a short timeframe, we achieved the best possible outcome for the client and established a robust position for their further defence during the trial. Speed is our deliberate priority in crisis management scenarios.
Today, you are an official of the Regional Military Administration, and tomorrow you will be charged with criminal offences under Articles 191, 366, and 358 of the Criminal Code – ‘misappropriation of budget funds through abuse of official position, in collusion with officials of a private legal entity, who drew up and used knowingly false documents’. This is what happened in this case.
According to the investigation, the official forged documents together with the manufacturing company that won the tender. The basis of the accusation is a brief correspondence regarding the agreement between the parties to the case.
WHAT WE DID
Riyako&Partners lawyers appointed a number of experts who confirmed the prosecution’s misinterpretation of this communication. We gathered the necessary evidence together with criminal law scholars from the country’s leading law schools and defended the officials during the pre-trial investigation by NABU and SAP. We also questioned the possibility of this crime being committed by an official due to his lack of special status.
Public procurement and allegations of abuse of office are often high on the agenda of law enforcement agencies. Do not abuse your position.
Overpricing of works and goods is one of the most common reasons for initiating criminal proceedings against participants in public procurement. Defence procurement is generally under close scrutiny by law enforcement agencies, so participants should be prepared to face allegations of abuse and defend their position in advance. Let us illustrate this with one of our cases.
A manufacturing company won a tender to supply certain goods to the Ministry of Defence, and soon after, its management was charged with a criminal offence.
WHAT WE DID
During searches at the enterprise, Riyako&Partners lawyers were able to defend the position that the seizure of equipment was unfounded, which would have led to the indefinite suspension of the entire enterprise’s operations. Subsequently, the lawyers sent more than 50 requests for information, including through court decisions.
This painstaking work allowed us to appoint a number of forensic economic and forensic commodity experts from various leading expert institutions throughout the country. The case was given maximum transparency and objectivity, and as a result, the charges were refuted.
Do you participate in public procurement? Check today whether your business is ready for pressure from law enforcement agencies: digital security in the company, legal awareness of your team, availability of all documents and independent expert opinions on the transaction.
For decades, minerals were mined in this place, and our client, who had been working there for less than a year, was accused of illegal mining and causing 700 million hryvnias in losses to the state.
WHAT WE DID
Riyako&Partners lawyers conducted a thorough investigation of the work performed and engaged highly specialised experts using measuring equipment. We were able to substantiate the actual volume of minerals extracted by the client’s company over the actual period of time that it had been working at the site using the amount of equipment that it actually had. Our calculations and evidence refuted the charges in the case and protected our client’s reputation and business.
Defence in criminal and civil cases is based not only on knowledge of the law and its application. The key to success is the lawyer’s willingness to look at the case strategically, work deeply with the client’s niche and engage the best specialists to build a proper evidence base.
Pressure from the state and competitors on businesses often begins with cases like this, where a manager is suddenly accused of abuse of power in concluding and executing contracts with contractors. Criminal proceedings drag on for months or years, and the reputation of the individual and the company suffers in the first few weeks. Our client’s case was just like that.
WHAT WE DID
Riyako&Partners lawyers carefully examined the structure of the group of companies, the distribution of responsibilities in the governing bodies, and the existing internal policies on corporate governance. With the help of auditors and experts, they compiled a comprehensive study confirming the reality of transactions with the company’s counterparties. Our defence team obtained all the evidence confirming the client’s authority to dispose of funds on behalf of the company within the established internal procedures and proved the groundlessness of the charges.
Business security begins with the proper documentation and processes within the company, and the larger the company, the more vigilant you need to be in monitoring its security. This is the foundation — build it with lawyers in advance.
Law enforcement officers expected that the day of the search would be no different from the previous one: they would arrive, seize property, and leave. However, that was not the case this time.
The client, one of the largest distributors of mobile devices in Ukraine, promptly sought assistance from Riyako & Partners, who immediately assessed the situation and realised that such a scenario was unlawful and could cause irreparable damage to the business. The lawyers intervened at the initial stage and forced the investigators to comply with procedural rules.
WHAT WE DID
The Riyako & Partners team promptly ensured the continuous presence of lawyers at the search site. As the investigation lasted two weeks, our colleagues worked in shifts every day, from morning to evening, to ensure that no stage was left without proper control.
We ensured compliance with procedural rules during the search and proper recording of every action taken by law enforcement officers.
Thanks to our work
law enforcement officers did not seize the property, leaving it in the client’s custody
the company continued its business activities without interruption.
It was a complex and painstaking task – the search protocol was over 500 pages long. Thanks to the coordinated actions of our team, the client not only received effective legal protection, but also maintained business stability in the face of serious procedural pressure.
The practice of simultaneous searches in several cities of Ukraine at once has become a common activity for law enforcement agencies. They strive to act quickly, in a coordinated manner and as harshly as possible. In such circumstances, the client finds themselves under considerable pressure, and it is important not to lose your head, to react correctly and to protect your rights and assets in time.
When a client approached us with a request to provide legal support for searches in more than 50 locations throughout Ukraine, we acted immediately.
WHAT WE DID
Riyako & Partners lawyers not only mobilised their own resources, but also quickly engaged reliable colleagues in various regions of Ukraine (we have 68 partner offices throughout the country). We coordinated the work of lawyers in each location, organised clear communication, maintained 24/7 contact and provided comprehensive legal protection for the client’s business and team.
Thanks to the presence of lawyers during the searches, we:
prevented the unjustified seizure of property
ensured proper recording of procedural actions
prevented law enforcement officers from exceeding their powers
After the searches were completed, the lawyers ensured effective communication with the investigation and carried out systematic work aimed at returning the property seized during the search, proving its groundlessness and illegality in court.
50+ locations is not a challenge, but a task that we have already accomplished. This result is a testament to our systematic approach, experience, and ability to act quickly on a national scale. Don’t waste time in crisis situations — call us.
Cryptocurrency assets in Ukraine are not a means of payment and their legal status is currently undefined. However, this does not prevent pre-trial investigation authorities from monitoring them. We were approached by a business owner whose cryptocurrency assets had been seized.
WHAT WE DID
With the help of blockchain experts, Riyako&Partners lawyers conducted a detailed analysis of the movement of cryptocurrency assets and their origin. With the evidence gathered, we proved the groundlessness and illegality of the seizure, and the court overturned it. This decision also shapes general court practice in protecting crypto entrepreneurs from law enforcement interference in the peaceful possession of property.
The virtual asset market in Ukraine is not yet regulated, and every year new bills are introduced that establish rules and responsibilities for cryptocurrency owners. Keep an eye on developments in this area and ensure the security of your business, given the steady European trend towards cryptocurrency regulation.
Law firms are often approached in crisis situations when there is a lack of highly specialised expertise or a ‘third’ opinion is needed. When these crisis situations arise, we and our clients return to basics – checking the security of the business for vulnerabilities and fixing the system itself. This time it was the opposite.
We were approached by the owner of an IT company who had received an offer from a client to purchase his business. The terms of the agreement included compliance and an audit of the company for risks, including criminal ones.
WHAT WE DID
Riyako&Partners’ lawyers and attorneys examined the business structure, internal security policies, contracts with clients, employees and contractors, and existing accounts receivable and payable. Based on the results of the risk audit, the client received recommendations for improving the company’s security system, and after their implementation, our report on the absence of circumstances in the company that could be grounds for criminal proceedings.
Even if the client decides not to sell the business this time, they can be confident in its security. Sudden searches and arrests do happen, and the task of your security system is to be ready to withstand them.
