According to the Office of the Prosecutor General, from the beginning of the full-scale invasion of the Russian Federation until July 8, 2025, 175,363 war crimes have been registered in Ukraine.
The right to defense is an integral part of the Constitution of Ukraine. This applies not only to suspects in murders or rapes but also to individuals accused of war crimes. Since the start of Russia’s full-scale invasion, Ukraine has actively prosecuted Russian military personnel, with the state guaranteeing them the right to a free lawyer.
Ukraine is one of the few countries holding war criminals accountable during active hostilities. In this article, we will explore how Ukrainian justice operates in war crime cases, whether the legal framework is sufficient for delivering verdicts, and speak with lawyers from Chernihiv who defend Russian soldiers accused of crimes. We will discuss their professional challenges, payment, and why they are often perceived as traitors. We will also examine why Ukraine needs in absentia trials and what concerns judges have when issuing such verdicts. Additionally, we will consider the role of the International Criminal Court and the Special Tribunal in the context of the Russia-Ukraine war.
“I know lawyers whose cars were set on fire.”– Oleksandr Baranov
In Ukraine, lawyers are often identified with their clients, leading to accusations of betrayal. Oleksandr Baranov, Executive Director of Free Legal Aid, notes that lawyers ensure access to fair justice by fulfilling their professional role.
“People don’t think about the fact that a lawyer provides access to fair justice for their client, and that is their professional duty.”– Oleksandr Baranov
Among the challenges lawyers face, Baranov also highlights ethical issues, lack of experience, and threats to their own safety.
“There was a case when a translator told a lawyer to his face that he was a traitor because he defended a Russian. Because of that, the translator was replaced. Actually, this situation is not the first. Lawyers have long been associated with their clients. I know lawyers whose cars were set on fire, and the same Grabovsky was killed because of his professional work. Regarding Chernihiv region, we have not been informed about threats or pressure, but that doesn’t mean they don’t exist.”– Oleksandr Baranov
An example is the case of Russian tank operator Mykhailo Kulikov, who on February 26, 2022, fired at a multi-story building in Chernihiv. The investigation established that the order to shoot was given by Russian Major Leonid Shchotkin. Kulikov was detained by Ukrainian forces the same day.
This case was heard by the Desniansky District Court of Chernihiv from June to August 2022, and Kulikov was sentenced to 10 years in prison. He was defended by Ukrainian lawyer Pavlo Kostyuchenko, who is originally from Chernihiv.
Ukrainian Lawyers Defending Russian War Crime Suspects: Challenges and Justice
