Responsabilidade civil por crimes de corrupção: confisco ou indemnização?

Against the backdrop of Ukraine's European integration and the conditions of martial law, this article examines the modernization of penalties for corruption offenses. This study is a conceptual and policy-legal analysis grounded in the examination of Ukrainian legislation, statistics, and the judicial practice of the High Anti-Corruption Court (HACC) from 2021–2025, as well as relevant ECHR judgments. The primary argument is that traditional confiscation and special confiscation are problematic, as they may be unconstitutional and violate the right to peaceful enjoyment of property. Instead, the authors substantiate the expediency of introducing compensation (damages) as an alternative civil-law sanction. This approach aligns with the legal principle of human-centricity and, unlike confiscation, performs not only a punitive but also a restorative and preventive function. Key findings demonstrate that the HACC already applies de facto compensation within plea agreements (in the form of transfers to the Armed Forces of Ukraine), yet this practice is inconsistent. Analysing the deficiencies of Draft Law No. 11340, the authors insist that mandatory conditions for such agreements must include full cooperation with the investigation (including testimony against accomplices) and the complete return of all illicitly obtained funds, rather than merely the payment of a fine.