CRIMINAL DEFENCE UNDER ARTICLES 307 AND 309
Drug Crime Defence Lawyer in Kyiv Kharkiv and Odesa
Detained over suspected drugs, facing a search, or accused of supply or possession? MAGISTERS provides criminal defence during investigations and court proceedings in Ukraine. We scrutinise searches, evidence of intent to supply, laboratory examinations and the legal classification of the charges.
In drug cases, the first investigative records can shape the entire prosecution. We assess the actual case file, procedural safeguards and applicable Ukrainian law rather than promise an acquittal or automatic reduction of charges.
KYIV · KHARKIV · ODESA · UKRAINE-WIDE SUPPORT
What we examine first
01 Evidence of intent to supply and the legal charge
02 Detention, search, seizure and the chain of custody
03 Covert operations, expert reports, admissibility and deadlines
WHEN COUNSEL IS NEEDED
When to contact a drug crime lawyer in Ukraine
You should not wait for a formal notice of suspicion before obtaining legal advice. Legal assistance is important during detention, a search of a home or vehicle, questioning, an application for pre-trial detention or the delivery of an indictment. Early interviews and search reports can become central evidence at trial.
A criminal defence lawyer assesses the person’s procedural status, the factual grounds for suspicion, police reports, video recordings and available procedural challenges. Under Ukrainian criminal procedure, defence representation of a suspect or accused is carried out by an advocate entitled to practise law.
URGENT
Detention and questioning
Reviewing the reasons for detention, the right to counsel and procedural safeguards.
AT THE SCENE
Search and seizure
Checking the authorisation, scope, recording and inventory of property.
BEFORE THE COURT
Pre-trial measures
Challenging detention requests and preparing evidence in support of lawful alternatives.
ARTICLE 307
Defence against drug supply charges under Article 307
Article 307 of the Criminal Code of Ukraine addresses unlawful production, manufacture, acquisition, possession, transportation or dispatch of narcotic drugs, psychotropic substances or their analogues with intent to supply, as well as unlawful supply itself. A conviction requires proof of the elements of the relevant offence; the mere discovery of a substance does not, by itself, establish an intention to sell or distribute it.
In cases involving alleged drug drops, controlled purchases, parcels or organised distribution, we examine the individual’s actual role, communications, location data, financial records, ownership of devices and evidence of a transfer. We also review aggravating allegations such as group involvement, repeat offending, substance type and quantity.
LEGAL ELEMENTS
Supply and intent
What admissible evidence establishes a transfer or a genuine intention to supply?
DIGITAL MATERIAL
Messages and geolocation
Who controlled the account or device, and how was the data obtained?
EXPOSURE
Aggravating allegations
Examining the precise part of Article 307 relied on by the prosecution.
ARTICLE 309
Defence against possession without intent to supply under Article 309
Article 309 concerns specified unlawful dealings with narcotic or psychotropic substances without an intention to supply them. The distinction from Article 307 depends on the proven purpose of the conduct, the circumstances of possession or acquisition, and the wider evidence. A claim that the drugs were for personal use must still be considered against the available facts.
Where a small quantity is alleged and intent to supply is absent, we also consider whether Article 44 of the Code of Ukraine on Administrative Offences is relevant rather than a criminal charge. Article 309(4) establishes a specific exemption from criminal liability for conduct under paragraph 1, subject to strict conditions concerning a person with drug dependence voluntarily seeking and beginning treatment.
IDENTIFICATION
Substance and weight
Reviewing laboratory findings and the applicable official quantity tables.
PURPOSE
Possession versus supply
Analysing what the evidence establishes about the intended use of the substance.
STATUTORY OPTION
Article 309(4)
Assessing whether the treatment-related legal requirements are satisfied.
DISTINGUISHING THE CHARGES
Can an Article 307 charge be reclassified as Article 309?
Reclassification may be possible where an intention to supply has not been proven and the established facts meet the requirements of another offence. In its judgment of 15 May 2025 in case No. 553/1047/22, the Supreme Court considered the distinction between Articles 307 and 309, emphasising the need to assess the full circumstances, including quantity, packaging and conduct. None of these factors should be treated mechanically.
Scales, individual packets and digital messages can be relevant, but their origin, context and connection with the accused must be established. Equally, the absence of a recorded sale is not conclusive proof that supply was never intended: the prosecution may rely on other lawfully obtained evidence.
FACTUAL HISTORY
How the material was obtained
Checking chronology, location and control over the substance.
ELECTRONIC EVIDENCE
Devices and messages
Testing attribution, context and the lawfulness of data collection.
LEGAL ASSESSMENT
Is reclassification supported?
Determining whether the facts justify challenging intent or the charge itself.
DETENTION
What to do when detained in a drug investigation
A detained person should request access to a lawyer, clarify the formal basis and time of detention and establish their procedural status. Article 63 of the Constitution of Ukraine protects against being compelled to testify against oneself or close family members. Read any document before signing, record inaccuracies and do not physically obstruct lawful police actions.
We examine detention records, notification and questioning procedures, the timing of a notice of suspicion, and available video. Where an individual is formally interviewed as a witness but is effectively questioned about their own alleged offending, the right to legal assistance warrants particular attention.
SEARCHES AND SEIZURES
Legal representation during a search and seizure
A search warrant is not the end of the inquiry into legality. We review the authorised scope, the actual conduct of the search, access to legal representation, required recording, documentation of items seized, sealing and handling procedures, and any objections raised by those present. These issues can affect how the evidence is assessed.
Where appropriate, we apply for recordings and other documents, challenge seizure or continued retention of property and examine the basis of asset restraint. Mobile devices, cash and items allegedly linked to distribution may require separate procedural analysis.
SEARCH RECORD
What was seized and when
Comparing descriptions, timestamps, sealing and participants.
VIDEO
Consistency of the record
Comparing footage with written reports and witness accounts.
PROPERTY
Phones and money
Reviewing temporary seizure and subsequent asset restrictions.
EXPERT EVIDENCE
Forensic drug testing and legally significant quantities
The prosecution must establish what the seized material actually is: a narcotic drug, psychotropic substance, analogue or another item. We examine the forensic methods, identification, sampling, weight, preservation of samples and whether the laboratory received the same material described in the search record.
The official thresholds for small, large and especially large quantities are established by Ministry of Health Order No. 188 and its relevant version. These tables were amended in 2026, making the applicable date and correct categorisation important. Where justified, we may seek additional expert clarification or a further examination.
CONTROLLED PURCHASES
Controlled drug purchases covert operations and entrapment
Supply allegations may rely on a controlled purchase, audio or video surveillance and other covert investigative measures. We review authorisations, compliance with Ukrainian criminal procedure, the integrity of the recordings and the actions of officers and cooperating individuals.
A particular issue is whether the authorities documented an existing criminal intention or improperly induced the offence. A controlled purchase is not automatically unlawful, and an assertion of entrapment requires careful assessment of the record and supporting evidence.
COURT PROCEEDINGS
Pre-trial detention and defence at trial
We evaluate the prosecution’s stated risks, the evidence supporting the suspicion, proportionality and alternatives to detention permitted by law. Relevant information about the accused’s personal circumstances, family, work and health can be prepared for the court.
At trial, we examine disclosure of the evidence, challenge procedural defects where legally relevant, question witnesses and experts and address the reliability and weight of the material. We also advise on appeals and, where the statutory conditions are met, cassation proceedings.
INVESTIGATION
Suspicion and detention
Procedural submissions, objections and evidence supporting the defence.
TRIAL
Witnesses and forensic reports
Scrutiny of testimony, exhibits, digital data and expert conclusions.
REVIEW
Appeal and cassation
Identifying concrete errors of law or procedure within applicable deadlines.
CASE LAW
Ukrainian Supreme Court case law on drug offences
In case No. 553/1047/22 (15 May 2025), the Criminal Cassation Court considered defence arguments about classification under Articles 307 and 309. The reasoning illustrates why intent must be considered through the evidence as a whole, rather than inferred automatically from one characteristic of the substance.
In case No. 357/11205/19, the Joint Chamber of the Criminal Cassation Court addressed the conditions for applying Article 309(4), including voluntary recourse to treatment and actually commencing it. The outcome in any new case depends on its evidence and the current legal framework.
PREPARING FOR A CONSULTATION
Documents to provide to a criminal defence lawyer
Helpful materials include a notice of suspicion, detention or search report, search warrant, detention application, expert opinion, summons or indictment. If those documents are unavailable, provide a short factual chronology, the investigating authority, location, date and any case reference you know.
A lawyer can advise what further evidence must be obtained through formal procedural means and what records should be preserved. Do not delay urgent legal assistance simply because you do not have the complete case file.
SERVICE LOCATIONS
Drug crime defence in Kyiv Kharkiv and Odesa
MAGISTERS assists clients in Kyiv, Kharkiv and Odesa and can assess initial materials remotely. Attendance at a search, interview, detention hearing or trial is arranged according to the location, stage and practical circumstances of the case.
For urgent assistance, tell us which city and authority are involved, whether the person is detained and what procedure is currently taking place. This allows the first lawful steps and required representation to be assessed without unnecessary delay.
OUR APPROACH
How MAGISTERS builds a defence under Articles 307 and 309
We start by analysing the available allegations, evidence, procedural defects and urgent risks. We then identify the defence issues, necessary motions, collection of lawful evidence and a consistent position for investigation and trial. The precise scope depends on the facts and stage of proceedings.
Our role is to protect procedural rights and seek a legally justified result based on the evidence. We do not promise acquittal, discontinuance or a change of charge before examining the case materials.
CITIES AND CONTACTS
Legal assistance in Kyiv Kharkiv and Odesa
Kharkiv
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Searches, detention and criminal hearings in Kharkiv Region. Lawyer in Kharkiv →
FREQUENTLY ASKED QUESTIONS
Frequently asked questions about drug charges
What is the difference between Articles 307 and 309?
Article 307 addresses unlawful supply or specified acts involving an intent to supply. Article 309 applies to specified unlawful conduct without that intent. The actual facts and evidence determine the classification.
Can an Article 307 charge be reduced to Article 309?
It may be possible if the evidence does not establish an intent to supply and the legal requirements for an alternative charge are met. There is no automatic right to reclassification.
Is possessing a small amount always a criminal offence?
Not necessarily. Depending on the type and legally determined quantity of the substance and the absence of intent to supply, administrative liability under Article 44 may be relevant.
Is pre-trial detention automatic for Article 307?
No. The court assesses the statutory grounds, risks, proportionality and available alternatives. The seriousness of the accusation may still be important.
What should I do during a drug-related search?
Request legal assistance, retain the documents, record objections to inaccuracies and do not physically resist. The actual seizure process and recording may matter.
Can evidence from a search be excluded?
Potentially, where applicable legal rules on admissibility were substantially violated. Not every recording or clerical defect automatically excludes evidence.
Do small packets or scales prove an intention to sell?
They may form part of the evidence, but attribution, origin and context need to be assessed together with the rest of the case.
Can the drug laboratory report be challenged?
Yes, where justified issues exist concerning the identity of samples, methods, weight or procedural handling. Further expert examination may be appropriate.
What is entrapment in a controlled purchase?
It concerns potential improper inducement of an offence rather than lawful documentation of an existing criminal intention. It requires examination of the surrounding evidence.
Can treatment result in exemption under Article 309?
Article 309(4) provides a limited exemption for conduct under part 1, subject to the statutory requirements concerning a person with drug dependence voluntarily seeking and actually starting treatment.
Should I consult counsel if I have only been called as a witness?
Legal advice can be important, particularly where questions may concern your own potential involvement. Your status and procedural rights should be clarified.
Do you handle cases in Kyiv Kharkiv and Odesa?
Yes. MAGISTERS works with clients in all three cities. Any urgent on-site attendance is coordinated according to the location and circumstances.
What does criminal defence representation cost?
Fees depend on urgency, complexity, number of alleged episodes, volume of evidence, investigation stage and court work. Scope and price are discussed after an assessment.
Can a lawyer join after the case has reached court?
Yes. Counsel can join at the relevant stage and will first assess the indictment, evidence, previous decisions and procedural deadlines.
CONTACT CRIMINAL DEFENCE COUNSEL
Need a drug crime lawyer in Ukraine?
Tell us what happened, where the person is and which investigative action is under way. We can assess the initial documents, urgent procedural options and suitable scope of representation.
MAGISTERS criminal defence
For broader investigation, detention and court representation matters, see our criminal defence practice. Attorney Hennadii Lahuta is involved in developing legal strategy for complex cases.