Defense in Criminal Proceedings Related to Cooperation with the NHSU

Criminal law defense in cases related to cooperation with the National Health Service of Ukraine (NHSU), including contracts, reporting, and entering data into the e-Health system (eHealth), aimed at minimizing personal criminal liability as well as financial and reputational risks.

What is defense in criminal proceedings related to cooperation with the NHSU?

Cooperation with the National Health Service of Ukraine provides healthcare institutions with stable funding from public (budget) funds. At the same time, breaches of NHSU contract terms, deficiencies in reporting, or incorrect data entry into the Electronic Healthcare System (eHealth) may result not only in financial sanctions for the institution but also in the initiation of criminal proceedings against managers and medical staff.

Practice shows that such criminal proceedings are most often associated with allegations of misappropriation of public funds, abuse of office, and unauthorized actions involving information in automated systems. In particular, entering inaccurate information into eHealth that led to the unjustified receipt of public funds may be classified under Article 362, Article 364, and Article 191 of the Criminal Code of Ukraine.

The GOLAW team has practical experience in defending healthcare institution managers and medical professionals in criminal proceedings arising from cooperation with the NHSU. We provide comprehensive legal support aimed at minimizing personal criminal liability and reducing financial and reputational risks.

How we work: Key stages of cooperation

  1. We thoroughly analyze the circumstances of each individual case.
  2. We identify criminal law risks for the head of the healthcare institution and its employees.
  3. We develop a comprehensive and individualized defense strategy.
  4. We support clients during interviews, searches, and other investigative actions.
  5. We provide defense at all stages of the criminal proceedings.

Key lawyers

Igor Glushko
  • Partner, Head of Criminal Law and White Collar Defence practice, Attorney at law

We are trusted

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Frequently asked questions

  • What may serve as grounds for initiating criminal proceedings related to cooperation with the NHSU?

    Most commonly, this involves systematic entry of false information into the Electronic Healthcare System (eHealth) (such as creating records of declarations signed after a patient’s death or for a non-existent patient, fictitious vaccinations, appointments, or surgical procedures), as well as demanding full or partial payment from patients for medical services that must be provided free of charge under the NHSU contract.

  • How do law enforcement authorities detect such violations?

    Law enforcement may identify violations based on reports from the NHSU, complaints from dissatisfied patients, or information provided by competitors (in the case of private clinics).

  • Does every error in the Electronic Healthcare System lead to criminal liability?

    No. Isolated erroneous entries do not constitute a criminal offense. In such cases, it is sufficient to add information in the system indicating that the entry was made in error. Criminal liability arises for systematic intentional actions aimed at obtaining unlawful benefits.

  • Can a healthcare institution continue cooperating with the NHSU if criminal proceedings are opened against its management and medical staff?

    Opening criminal proceedings in itself is not an unconditional ground for termination of the NHSU contract.

  • What investigative actions are typically carried out at the beginning of an investigation?

    Wiretapping of telephone conversations, questioning patients, and temporary access to items and documents, including eHealth data and banking information. Subsequently, searches may be conducted at the healthcare institution, and the head and medical staff may be questioned.

  • Can investigators seize servers and computer equipment used to access the Electronic Healthcare System during a search?

    Yes, investigators may seize such equipment as physical evidence, although this may complicate the institution’s operations.

  • Does opening proceedings always result in criminal prosecution?

    No. It depends on the proactive position of the defense and the evidence available in the case.

Get in touch

To get a consultation, please fill out the form below or call us right away:

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