Policy Brief: Addressing Wartime Corruption in Ukraine — Legal Reform Options
- Jun 15, 2025
- 3 min read
Title: “Wartime Integrity as a Matter of National Security”
Date: June 2025
Prepared for: Ukrainian Government, Verkhovna Rada Committees on National Security and Law Enforcement, Civil Society Stakeholders
For a PDF copy of this report, please see below a version in English:
And below for a version in Ukrainian:
Background
Ukraine’s resilience under full-scale invasion has depended not only upon military performance but also upon public trust and international support. However recurring corruption scandals during wartime have eroded confidence in state institutions and raised questions about the adequacy of Ukraine’s legal framework in addressing such offences.
Calls are growing to treat systemic wartime corruption not only as criminal misconduct but as a form of high betrayal — with implications for both national defence and foreign policy.
Problem Statement
Ukraine’s current legal framework does not clearly distinguish between:
Peacetime corruption (e.g., embezzlement, bribery, abuse of office), and
Corruption occurring in wartime conditions, particularly when it affects military readiness, procurement, civilian security or international aid delivery.
This ambiguity has led to:
Weak or delayed penalties,
Minimal deterrent effect,
Erosion of international donor confidence,
Perceived moral injustice during a time of national struggle.
Policy Options
1. Expand the Definition of Treason (Article 111, Criminal Code)
Pros: Creates legal clarity that undermining national defence via theft or obstruction is a betrayal of the state.
Cons: Risks politicisation; high burden of proof for intent to aid the enemy.
Implementation: Legislative amendment to include gross wartime corruption that endangers territorial integrity or public safety.
2. Create a New Offence: “Wartime Abuse of Office”
Pros: Creates a distinct legal category with aggravated penalties; easier to prosecute than treason.
Structure:
Applies to civil servants, military officers and public contractors.
Covers embezzlement, supply fraud, draft evasion schemes and bribe-taking in wartime zones or contexts.
Penalty enhancements: Longer prison terms, mandatory asset recovery, lifetime bans from office.
3. Establish a Special Tribunal or Wartime Integrity Division
Mandate: Fast-track cases of wartime corruption and procurement fraud with specialist judges and public oversight.
Example: Similar to Ukraine’s High Anti-Corruption Court but focused on wartime offences.
Pros: Builds on existing institutional capacity; visible public accountability.
4. Post-War Accountability Mechanism (Reformed Lustration)
Mandate: Investigate wartime conduct of senior officials, contractors and officers for integrity failures.
Scope: Non-criminal findings could result in public censure, lustration from future public office, or administrative sanctions.
Model: Based loosely on truth and integrity commissions (e.g. South Africa, Croatia).
5. Strengthen Whistleblower Protections and Transparency Mechanisms
Tools:
Expand legal protections and financial incentives for whistleblowers in wartime procurement.
Use blockchain or digital tracking for military and humanitarian supply chains.
Goal: Reduce opportunity and impunity.
Recommendations
Recommendation | Urgency | Legal Route |
Define “Wartime Abuse of Office” as a distinct felony | High | Criminal Code amendment |
Create public Wartime Procurement Registry | Medium | Executive order or ministry regulation |
Establish temporary Wartime Integrity Division in judiciary | High | Rada resolution + MOJ directive |
Draft Treason Reform Bill (clarifying economic sabotage) | Medium | Committee-led bill |
Launch public Lustration 2.0 Framework post-war | Medium–Long-term | Presidential initiative + Rada law |
Conclusion
In the context of existential war, corruption is no longer merely inefficiency or theft — it is a breach of national solidarity. Legal reform is necessary to reflect the new moral and strategic reality. Ukraine must treat wartime abuse of public trust with the same seriousness as sabotage or espionage, not only to uphold justice but to honour those who fight and sacrifice for the country’s future.
Prepared by: Independent Working Group on Legal Integrity and Wartime Governance
Contact available upon request for briefing delivery or legal drafting support.
Please contact the Editor-in-Chief of the Lviv Herald (contact details on this page).
