NABU explains why corruption suspects are released from pre-trial detention center on bail

Against the backdrop of the application of "Mindich films" of bail, the National Anti-Corruption Bureau explained why suspects of corruption offenses provided for is an opportunity.

When a bail is set

Bail is prohibited only for a few particularly serious crimes (Article 183(4) of the CPC), which include:

• terrorism;
• high treason;
• brutal murders;
• aggravated rape.

Corruption is not on this list. Therefore, the court is obliged to consider the possibility of applying bail in all other cases.

Conditions for granting bail

The NABU emphasized that bail is not a "loophole" but a direct provision of the Code. It is based on two principles – proportionality and presumption of innocence.

According to the rule of proportionality, the court must choose the most lenient measure of restraint for the suspect so that the person will attend all court hearings, will not put pressure on witnesses, will not interfere with the investigation and will not be able to commit new crimes.

In corruption cases, the court imposes other requirements along with bail, such as wearing an electronic bracelet. If a person violates the conditions, the state takes the money.

Procedure for setting bail

The amount of bail is set by the investigating judge or court. It takes into account the gravity of the crime, as well as the property and family status of the suspect or accused.

For corruption offenses, the bail amount is set at 1 to 300 subsistence minimums for able-bodied persons (as of 2025, this amount is from UAH 3028 to UAH 908,400). If the bail cannot guarantee the proper behavior of the person, it can be increased – therefore, in the cases of the NABU and the SAPO, the bail amount can reach tens or hundreds of millions of hryvnias.

It is used as collateral in other countries

In most countries, corruption crimes are not considered "particularly dangerous". Therefore, the use of bail abroad is a common practice.

In particular, in the United States and the United Kingdom, bail is common. There, the court takes into account the scale of the crime: if the risks are high, a person may be held in custody without bail.

• november 10, NABU and SAPO reported, who are conducting a large-scale operation to expose corruption in the energy sector.
• on November 13, it became known that the two defendants in the Mindich tapes contributed collateral.
• on November 18, the court sent a defendant in Operation Midas, former Deputy Prime Minister and Minister of National Unity in the case Alexey Chernyshevand taken into custody with a bail of over UAH 51 million. The next day, the Schemes project was informed about introduction of bail for him.