From pressure to partnership: How the model of relations between state and business is changing in the field of White-Collar Crime

It was in 2025-2026 that the issue of business protection finally moved beyond the confines of purely professional debate and became one of the key elements of state economic policy. Against the backdrop of war, European integration processes, the need to attract investment and future post-war reconstruction, the state is increasingly and consistently pursuing a course aimed at creating a predictable environment for business, reducing law-enforcement pressure and building a new model of interaction between the state and business.

At the same time, the transformation of the system is a complex and multi-stage process. Despite noticeable institutional shifts and changes in public rhetoric, companies in some cases continue to face systemic challenges in criminal proceedings, which underscores the relevance of further reforms.

Institutional overhaul of the Economic Security Bureau of Ukraine

The reform of the Economic Security Bureau of Ukraine continues to occupy a central place in this discussion. The intention is that the ESB becomes a symbol of the transition from a force-based approach to a modern analytical model of economic security. The concept behind the creation of the agency envisaged moving away from the practice of ‘forceful support for the economy’ and reorienting towards a risk-oriented approach, based on the analytical identification of systemic economic threats rather than pressure on legitimate business.

The practical implementation of this model is a complex task that requires time and consistent institutional efforts. This is precisely why the reform of the ESB has remained one of the top priorities in recent years, both for the business community and for Ukraine’s international partners.

The process of reshuffling the BEB’s leadership and the discussions surrounding the institution’s independence have become an important test of the state’s readiness for a genuine, rather than merely declarative, transformation of the economic security system. The renewal of the agency’s personnel is seen as a necessary, though insufficient in itself, condition for systemic change.

It is telling that representatives of the new BEB leadership have publicly and consistently emphasized the need to move away from a ‘forceful’ approach to economic investigations. The agency’s leadership is focusing on building an institution that is intended to function as a modern analytical body with minimal interference in the activities of bona fide businesses. The main priorities declared are: digitalization of processes, a risk-based approach, and the concentration of resources on systemic tax evasion schemes, the shadow economy and large-scale financial abuses. In effect, this is an attempt to change the very philosophy of interaction between the state and business in the sphere of economic security.

At the same time, the full implementation of the declared approaches requires not only a renewal of personnel but also time to establish consistent law-enforcement practices and internal institutional transformation. Ukrainian business continues to operate under conditions where individual criminal proceedings can create significant procedural and economic pressure. This applies in particular to cases involving tax offenses, money laundering, official misconduct and financial and economic transactions, which law- enforcement agencies classify as being high-risk.

The issue of delineating powers between different law-enforcement agencies in the field of economic crimes remains a pressing challenge. Parallel proceedings involving the Bureau of Economic Security (BES), the National Police, the State Bureau of Investigations, and the Security Service of Ukraine sometimes create an additional procedural burden, the elimination of which is one of the priorities for the further reform of the economic security system.

One of the most sensitive issues for the business community remains the practice of conducting searches. Despite the existence of procedural safeguards and the Supreme Court of Ukraine’s legal positions on the principle of proportionality in investigative actions, the business community continues to highlight individual cases where the scope of the investigating judge’s order is exceeded, equipment is seized excessively, and information is copied that is not directly relevant to the subject of the investigation.

It is precisely these aspects that largely shape the overall level of trust in the law- enforcement system.

The ‘STOP PRESSURE’ initiative and the steps taken by the Public Prosecutor’s Office

Against this backdrop, the state is actively promoting a policy of resetting relations between entrepreneurs and law-enforcement agencies. The latest initiatives by the Prosecutor-General’s Office, aimed at establishing a more predictable and balanced practice in the field of criminal justice, deserve special attention.

One of the most significant steps was the launch of the ‘STOP PRESSURE’ platform, which provides a mechanism for rapid response to possible cases of unjustified interference by law-enforcement agencies in business activities. Ideologically, the launch of this initiative demonstrates the state’s desire to move away from a confrontational model of interaction with business towards a more partnership-based approach to communication and response to problematic situations.

At the same time, a shift in the public rhetoric of the prosecution authorities is also significant. Representatives of the Prosecutor-General’s Office emphasize the need to ensure a balance between the interests of criminal prosecution and the state’s economic stability. In professional discussions, the emphasis is placed on the fact that the effectiveness of the law-enforcement system cannot be assessed solely by the number of cases opened or procedural actions taken.

This approach is gradually shaping a new vision of the role of the law-enforcement system in the economy as an instrument for ensuring security and justice, rather than a source of additional risks for legitimate businesses.

At the same time, the legal profession continues to closely assess the effectiveness of the practical implementation of declared changes. The emergence of new communication mechanisms and positive signals is seen as an important step forward; however, the business community expects, above all, stable law-enforcement practices, a real reduction in cases of unfounded criminal prosecution, and increased accountability for unlawful procedural pressure.

The very fact that such initiatives have emerged convincingly demonstrates that the issue of business protection is gradually shifting from the realm of political declarations to that of actual institutional policy. For Ukraine, which is simultaneously navigating a period of war, European integration and preparations for large-scale post-war reconstruction, the establishment of predictable rules governing interaction between the state and business is becoming one of the key factors for economic stability and investor confidence.

There are well-founded hopes that a significant conceptual shift is taking place, and it is the reform of the BEB and the principled approach of the Prosecutor-General’s Office that should become one of its key indicators.

Legislative changes and the European integration dimension of economic security

In parallel with this, constructive discussions are continuing regarding legislative initiatives aimed at reducing law-enforcement pressure, as genuine protection for business cannot be achieved solely through piecemeal amendments to legislation. Of key importance is change in law-enforcement practices, the strengthening of judicial oversight, and the establishment of genuine accountability for unlawful procedural actions.

This issue takes on particular significance in the context of a full-scale war. Ukrainian businesses are operating in an environment of constant security, logistical, financial and human resources challenges. Under such conditions, any disproportionate law enforcement intervention affects not only individual companies but also, directly, the country’s economic stability, the investment climate and the prospects for post-war recovery.

Ukraine’s international partners link the effectiveness of reforms in the field of law enforcement and anti-corruption policy to the potential for large-scale foreign investment. For investors, it is not merely the formal existence of reformed institutions or new legislative mechanisms that is decisive, but above all the actual practice of state-business interaction.

Ukraine’s European integration trajectory also remains a key factor. In the process of negotiations on accession to the European Union, issues of the rule of law, guarantees of property rights protection and the predictability of law-enforcement not only have domestic political significance but also acquire international importance.

Ukraine is effectively at a point where declarations on the need to ‘listen to business’ are gradually being transformed and taking on practical form. The business community expects not only new communication initiatives, but above all predictable rules of the game, procedural fairness and stability in law-enforcement.

At the same time, it is already clear today that the issue of business protection is gradually becoming part of a broader state strategy for economic security and Ukraine’s European integration. The state’s ability to ensure a real, rather than merely declarative, restriction on excessive interference by law-enforcement agencies will become one of the key criteria for assessing the effectiveness of the BEB reform, the quality of institutional changes and Ukraine’s readiness to establish a modern model of economic security based on the principles of the rule of law, legal certainty and partnership with business.