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August 26, 2024In Ukraine, pressure on businesses has intensified under Article 111-2 of the Criminal Code – “Assisting the Aggressor State.”
This is a serious charge, as it carries a prison sentence of 10 to 12 years, with additional deprivation of the right to hold certain positions or engage in certain activities for 10 to 15 years, plus confiscation of property.
“There is no statute of limitations for this article. A case can be initiated if, for example, you still have a business in the occupied territories (even if it has already been seized, which often happens), or if you once conducted business in Russia or had business partners there. The scheme is as follows: they come under Article 111-2, seize documents, including those related to business activities. Even if nothing is found related to ‘assisting the aggressor,’ they may latch onto other violations, such as tax issues. In short, the businessman is fully targeted. Then they demand bribes to ‘settle the issue.’ Since Article 111-2 is very ‘heavy,’ many agree to pay, after which a ‘deal with the investigation’ is arranged, and the case is either closed or the person receives a suspended sentence,” the owner of a large Kyiv-based company told.
His words are confirmed by former Deputy Minister of Internal Affairs Anton Gerashchenko.
“Article 111 of the Criminal Code was adopted in the spring of 2022, when the war had just begun, and it was necessary to protect the country. But in the end, it became a convenient article to terrorize businesses. If you previously had a business in currently occupied territories, you are already in the crosshairs. A criminal case is initiated, you are put in a detention center, and an offer is made. The article is terrifying, so people accept the offer and make a deal with the investigation, after which the case is closed. Initially, Article 111-2 was used against Russian and Belarusian businessmen, but after they ‘ran out,’ it turned to Ukrainian companies,” Gerashchenko said.