Proportionality in Countering Corruption in Ukraine in the Context of War

Corruption adversely affects all spheres of life, posing a significant threat as an enabler of other crimes. These include terrorism, organized crime, human trafficking, and illegal migration, all of which undermine the European integration process and pose risks not only to Ukraine but also to global security. On 23 June 2022, the European Council issued an opinion on Ukraine’s candidate status. Retaining this status and implementing the Association Agreement require substantial changes to Ukrainian legislation, particularly in criminal law. Key requirements include the actual implementation of the rule of law (of which the principle of proportionality is a core component), enhanced anti-corruption measures that target high-level corruption, greater government transparency, and adherence to anti-money laundering standards as set by the Financial Action Task Force on Money Laundering (FATF). Further, an anti-oligarchic law must be introduced to curb the excessive influence of oligarchs in Ukraine’s economic, political and social spheres. Progress in these areas will be monitored and assessed by the European Commission. Addressing corruption gaps is critical, but such efforts must adhere to criminal law principles, with proportionality being of particular importance. This study focuses on the principle of proportionality in countering corruption during the post-war period, using Odesa as a case study. As a port city with significant transport links to Moldova and Poland, Odesa faces unique challenges. Simplified procedures for shipping humanitarian aid and ammunition, such as bulletproof vests, have created opportunities for criminals to exploit the system, escalating corruption risks. Recent empirical contributions by Ukrainian scholars highlight several aspects of corruption. Driomin (2018) views corruption as a social institution. Dudorov (2022) explored criminal offenses related to public services, abuse of influence, and illicit enrichment. Kolomoyets and Kushnir (2019) examined lifestyle monitoring as an anti-corruption tool, while Melnychuk (2023) studied organized crime in Ukraine during its transition period. Mykhailenko (2017) introduced the proportionality test as a tool for combating corruption, and Khavroniuk (2020) critiqued laws on illicit enrichment (Article 368-2 of the Criminal Code in the previous version) and unjust judgments (Article 375 of the Criminal Code) for violating legal certainty. Tuliakov (2023) discussed the principles of equality, proportionality, and fairness in corruption-related justice, arguing for a distinct regime for such offenses. Despite these advances, countering corruption in alignment with the principle of proportionality remains a critical issue, particularly in light of Ukraine’s EU candidacy.