MAGISTERS / CRIMINAL LAW
Criminal Defence Lawyer in Ukraine
Legal defence during detention, searches, questioning, notification of suspicion and court proceedings. Evidence review, procedural motions and legal representation in Kharkiv, Kyiv and Odesa.
Kyiv · Kharkiv · Odesa · criminal defence at every stage of proceedings
01 / HELP FROM THE FIRST CONTACT WITH INVESTIGATORS
The first steps in a criminal case can shape the entire defence
A summons for questioning, a search, an actual detention and a formal notice of suspicion are different procedural situations. Each requires scrutiny of the investigators’ authority, the documents, statements and deadlines for challenging their actions.
A criminal defence lawyer establishes what is happening to the client, which rights can be exercised immediately and what evidence needs to be preserved before the case reaches court.
WHEN TO CONTACT US
Before the first interview or signing any documents
Tell the lawyer who is conducting the procedural action, where the person is located, in what capacity they have been summoned and which documents have already been served. This helps determine the next lawful steps without delay.
02 / CONTACT A LAWYER URGENTLY IF
Investigative actions have already begun
In every situation, it is important to act lawfully, preserve documents and avoid hasty explanations before consulting defence counsel.
DETENTION
Your freedom of movement has been restricted
We establish the actual time and legal grounds of detention, locate the detained person, review the record and arrange defence counsel’s involvement.
SEARCH
Your phone or property has been seized
We review the court warrant and actual conduct of the search, record objections to the search report and assess the legal grounds for seizure or attachment of property.
QUESTIONING
You have been summoned as a witness or suspect
We clarify your procedural status and the subject of questioning, prepare a legal position and accompany you during the procedure.
NOTICE OF SUSPICION
A formal notice has been served
We analyse the allegations and supporting evidence, the risks of a pre-trial restraint measure and the need for urgent procedural applications.
03 / CRIMINAL LAW PRACTICE AREAS
What types of criminal cases do we handle?
This is the central page of our criminal law practice. Separate materials explain particular provisions of Ukraine’s Criminal Code, evidential issues and defence strategies in greater detail.
PUBLIC-OFFICE AND CORRUPTION OFFENCES
Criminal offences by public officials
Abuse of office, official negligence, forgery, improper advantage, covert investigative actions and possible entrapment.
ARTICLES 307 AND 309 OF THE CRIMINAL CODE
Drug-related criminal offences
Searches, seizure of substances, forensic testing, classification of possession and distribution, and scrutiny of controlled purchases.
ECONOMIC AND BUSINESS CRIME
Business-related criminal proceedings
Taxes, financial transactions, corporate records, office searches and attachment of business assets.
PROPERTY OFFENCES
Theft, fraud and misappropriation
We assess the facts, intent, origin of evidence and the amount of alleged loss.
OFFENCES AGAINST LIFE AND HEALTH
Violent offences
Witness evidence, medical records, forensic examinations, classification of conduct and the limits of lawful self-defence.
MILITARY CRIMINAL OFFENCES
Unauthorised absence, disobedience and orders
We assess the person’s legal status, service records, reasons for absence and the command’s legal authority.
ROAD ACCIDENTS INVOLVING INJURY
Criminal proceedings arising from road accidents
Scene records, accident reconstruction evidence, causation and participants’ procedural rights.
OTHER PRACTICE AREAS
Other criminal proceedings
We assess the alleged criminal classification, the client’s procedural status and the evidence before determining the appropriate legal defence.
04 / FROM INITIAL CONSULTATION TO COURT JUDGMENT
We build the defence strategy in stages
A lawyer’s actions depend on the stage of the case, the alleged offence and the available evidence; there is no universal approach suitable for every criminal investigation.
Facts and procedural status come first
Criminal defence begins not with promises of an outcome but with establishing what the case file records, what actually happened and which procedural options are available.
01
Initial assessment
We establish the client’s status, the type of investigative action and the documents that must be obtained.
02
Pre-trial investigation
We review the case materials and the investigation’s progress, submit motions, formal attorney requests and complaints, and gather defence evidence.
03
Pre-trial restraint and property
We challenge the asserted risks, prepare arguments for alternative restraint measures and apply for the release of attached property.
04
Court proceedings
We examine the prosecution’s evidence, participate in questioning, file motions and present the defence case.
05
Review of court decisions
We assess grounds for appeal or cassation review and prepare submissions in compliance with procedural requirements.
05 / EVIDENCE AND PROCEDURAL VIOLATIONS
What we review during the investigation
In criminal proceedings, the content of evidence matters, but so does how it was obtained, recorded and examined. Defence counsel must assess the legality of procedural actions and the actual impact of any breaches on the admissibility of evidence.
CASE FILE REVIEW
Reports, video recordings and expert opinions
We examine search and detention reports, available video, digital media, expert opinions and records of covert investigative actions. We compare dates, sources, content and procedural form. We identify which facts are established and which remain the investigators’ unverified allegations.
PROCEDURAL RIGHTS
Procedural status and access to counsel
We assess compliance with the suspect’s rights, service of procedural documents, access to defence counsel and the conditions in which investigative actions were conducted.
THE DEFENCE CASE
Independent defence evidence
We prepare formal requests, apply for expert examinations, seek witness questioning and disclosure of documents, and record matters that the prosecution has not investigated.
Important: the mere absence of a lawyer during an actual detention or search does not automatically render all evidence inadmissible. The specific circumstances, statutory safeguards and effect of any violation on individual rights are decisive.
06 / WHOM WE REPRESENT
Defending suspects and assisting victims
The procedural objectives are different. For an accused person, the focus is defending against the charges and safeguarding their rights; for a victim, it is participation in the investigation and protection of affected interests.
CRIMINAL DEFENCE
Suspect or accused person
We develop a position on the evidence, attend interviews and other investigative actions, represent the client in pre-trial restraint hearings, file motions and defend them in court.
LEGAL REPRESENTATION
Victim of a criminal offence
We assist with procedural applications, participation in investigative actions, complaints against inaction, proof of losses and civil claims within criminal proceedings.
07 / PRACTICAL DEFENCE APPROACH
Reviewing evidence in an improper-advantage case
One issue in criminal defence is distinguishing an independently formed criminal intent from possible entrapment during controlled investigative operations.
ARTICLE 369 OF UKRAINE’S CRIMINAL CODE · EXAMPLE DEFENCE ISSUE
Examining the circumstances of an alleged improper payment
The defence position draws on covert-investigation records, the conduct of those involved, the sequence of contacts, the lawfulness of documentation and the admissibility of evidence. We examine whether the person acted on their own criminal intent or whether law-enforcement officers or other participants may have influenced their actions.
This describes the nature of the legal work, not a claim that an acquittal was obtained in any particular case.
WHAT WE EXAMINE
More than the wording of the suspicion
The circumstances of communications, audio and video recordings, the source of funds, testimony, procedural authorisations and the prosecution’s actions.
08 / LEGAL OBJECTIVE
What outcomes may defence counsel seek?
Possible outcomes depend on the case file and the grounds provided by law. Once we understand the circumstances, we identify the appropriate procedural objective.
DURING THE INVESTIGATION
Closure of criminal proceedings
We examine whether statutory grounds for closure exist and prepare reasoned submissions.
LEGAL CLASSIFICATION
Change to the notice of suspicion
We assess the elements of the alleged offence, the form of intent or fault and whether the chosen provision of the Criminal Code is justified.
LIBERTY AND PROPERTY
Variation of restraint and return of property
Where legal grounds exist, we challenge unjustified restrictions on liberty or property rights.
IN COURT
Acquittal
Where the evidence does not establish guilt beyond the applicable legal standard, we develop a defence aimed at acquittal without promising the court’s decision in advance.
No procedural outcome can be guaranteed. An attorney is responsible for professional work, rigorous evidence analysis and diligent representation.
09 / CRIMINAL DEFENCE ATTORNEY
Hennadii Laguta
Attorney · Managing Partner, MAGISTERS Law Firm
Legal practice since 2012. Defence during pre-trial investigations and trials, procedural documents, work with evidence, questioning, searches and pre-trial restraint measures.
Learn more about his experience and practice areas in the attorney profile of Hennadii Laguta.
10 / AFTER ENGAGEMENT
What a criminal defence lawyer actually does
We agree on the scope of work based on the stage of the case and the instructions received, from attending a single investigative action to full defence and court representation.
Defence is more than merely attending proceedings
Before any procedural action, we identify the questions that must be asked, the documents to request and the objections that should be entered in the official record.
The client receives clear explanations of the case’s current status, available options and the consequences of each step.
01
Establishes procedural status and reviews available documents.
02
Prepares a written plan of immediate steps and defence strategy.
03
Attends investigative actions and prepares motions and complaints.
04
Analyses evidence, expert conclusions and procedural irregularities.
05
Presents the defence in court and prepares appeals when grounds exist.
11 / LEGAL FEES
Criminal defence lawyer fees
Fees depend on the nature of the charges, the stage of proceedings, urgency, volume of materials and number of procedural actions. We agree on terms after evaluating the task and record them in an engagement agreement.
One-off legal assistance
A consultation, attendance at questioning or a search, preparation of an individual motion or complaint, or review of procedural documents.
Comprehensive defence
Assistance throughout the investigation and trial, development of the evidential position, preparation of procedural documents and participation in hearings.
12 / FREQUENTLY ASKED QUESTIONS
What to know before the first investigative action
These answers provide general guidance. Specific procedural steps are determined after reviewing the documents and case materials.
What should I do if I am detained?
Tell your family and lawyer where you are and which law-enforcement unit is involved. Ask for the grounds of detention to be explained, access to defence counsel and an opportunity to review procedural documents. Do not sign documents you do not understand before clarifying their contents.
Can my lawyer come to a search?
Yes. An attorney may attend the search and provide legal assistance within the powers provided by law. Send the address, details of the investigative team and copies or descriptions of the documents presented as quickly as possible.
Does a search without a lawyer automatically make the evidence inadmissible?
No. The legality of the search, the safeguards applicable and the effect of any violations on the participant’s rights must be assessed. The absence of defence counsel does not invariably make the evidence inadmissible.
Can a witness be accompanied by a lawyer during questioning?
Yes. A witness is entitled to legal assistance from an attorney when giving testimony. The scope of assistance and procedural rights depend on the person’s status.
When can I retain my own defence lawyer?
You may contact an attorney of your choice whenever legal defence is required. At the time of detention and before the first questioning, it is particularly important to ensure the lawful exercise of the right to defence.
Can I replace an appointed defence lawyer with my own lawyer?
Subject to procedural requirements, a person may engage counsel of their choice. Mandatory representation rules and the procedure for admitting counsel to the particular case must be respected.
Do you defend cases under Articles 307 and 309 of the Criminal Code?
Yes. Complex questions of classification, searches and forensic testing are covered in our dedicated material on drug-related criminal offences. Read the detailed guide (Ukrainian).
Do you handle public-office and corruption offences?
Yes. In public-office cases, we pay particular attention to the official’s powers, documents, covert investigative actions and the legality of evidence gathering. Read the guide on public-office offences (Ukrainian).
Can criminal proceedings be closed before trial?
Yes, where the law provides grounds for doing so. We assess the case’s status, evidence and applicable provisions of Ukraine’s Criminal Procedure Code before reaching a conclusion.
How much does urgent attendance or courtroom defence cost?
The fee is agreed individually with the client before work begins and recorded in the engagement agreement.
Do you work outside Kharkiv?
Yes. MAGISTERS primarily works in Kharkiv, Kyiv and Odesa; involvement in proceedings in other regions is agreed separately.
13 / CONTACT A DEFENCE LAWYER
Need a criminal defence lawyer?
Tell us what has happened, where the person is and which documents have already been received. During the first consultation we will identify the urgent steps and the appropriate scope of legal assistance.
Kharkiv · Kyiv · Odesa · other regions by arrangement
CONTACT MAGISTERS
+38 (097) 718 11 88 · attorney-client confidentiality and secure communication