High-Level Public Officials of Ukraine as Subjects of Legal Liability

Abstract

The study provides a comprehensive analysis of the legal status and specific features of the legal liability of high-level public officials in Ukraine. The relevance of the research stems from significant contradictions, terminological discrepancies, and gaps in the legislation (specifically within the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, the Code of Administrative Offences of Ukraine, and the Law «On Prevention of Corruption») when defining the circle of persons who hold particularly responsible positions, are prominent public figures, or other senior officials. It is established that the lack of a single, unified approach to defining the scope of senior officials negatively impacts the quality of law enforcement and criminal prosecution, as well as the proper financial monitoring of these officials. The relevant definitions are analysed through the prism of six fundamental legal requirements, namely: restrictions on holding the respective positions, enhanced integrity screening, increased administrative and criminal liability, special disciplinary liability, provision of state protection, and special procedures for holding them liable. Attention is paid to the provisions of Directive (EU) 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and Directive (EU) 2026/1021 on combating corruption. The research highlights a systemic issue regarding the absence of a disciplinary liability framework for over 40 categories of senior officials. The study specifically examines the procedural aspects of criminal proceedings, focusing on contradictions in determining investigative jurisdiction between the norms of the Criminal Procedure Code of Ukraine and the Law «On the State Bureau of Investigation». It is noted that removing ordinary positions from the category of high-level public officials requires establishing a distinct qualifying offense for individuals performing judicial or prosecutorial functions. The author substantiates the necessity of introducing a single, cross-cutting, and exhaustive list of high-level officials in the future Unified Glossary of Legal Terms, specifically to ensure a balance between their enhanced state protection and proportionate and effective legal liability.