Tender manipulation in Ukraine is not just an administrative offense. Under certain conditions, a civil servant or entrepreneur can receive a real prison sentence. But between the provision in the law and the verdict in the courtroom — there is a distance that figures describe better than declarations.
Who is most often targeted
Miroslava Drach, a lawyer at Prykhodko and Partners law firm, explains: the specific qualification depends on the method of violation, the circle of persons involved, and the amount of damages. In practice, as recorded by the DOZORRO analytical platform, it is most often the head of the customer who faces criminal liability — the person who signed the documents and announced the tender.
Which article — what punishment
Law enforcement works primarily with two articles of the Criminal Code:
- Article 191 — embezzlement or theft of state property by abuse of official position. Punishment — from 5 to 8 years imprisonment, and for "serious consequences" — up to 12 years with confiscation of property.
- Article 364 — abuse of power or official position. The Supreme Court in a resolution of February 10, 2025 clarified: for the composition of a crime, conscious abuse is sufficient, even without prior agreement with the beneficiary — but only if the official understood that a third party was illegally receiving a benefit.
The threshold of "substantial harm," after which criminal liability applies, is 151,400 hrn in 2024 (100 non-taxable minimum wages). "Serious consequences" — from 378,500 hrn (250 minimum wages).
Statistics: proceedings grow, convictions — much slower
According to DOZORRO, the number of criminal proceedings in public procurement rose from 343 in 2021 to 779 in 2023. About 180 cases are sent to court annually — meaning less than every fourth completes the pre-trial investigation. Only in 2024, following requests from the DOZORRO team, 22 new proceedings were opened.
"The main element of a crime under Article 364 of the Criminal Code is the conscious commission of abuse of official position"
Supreme Court Resolution dated 10.02.2025, case № 757/11969/18-к
Where the system fails
The problem is not in the sanctions — they are strict. The problem is that between registration in the Unified Register and an actual conviction — years pass. Pre-trial investigation, transfer to court, court proceedings — each stage can take years, especially under martial law, when courts are overwhelmed. Administrative and commercial sanctions — fines, bans from participating in tenders — are applied faster, but do not have a deterrent effect for schemes with million-hryvnia turnover.
If the state does not reduce the average time from opening a proceeding to a verdict — will anything change from the fact that on paper the law provides for 12 years?
