Private Detective Work in Ukraine: The Limits of the Law

What is private detective work?

Private detective work involves providing services—on a contractual basis—to gather, analyze, and verify information on behalf of a client. The key difference from the work of law enforcement agencies is that a private investigator operates solely within the bounds of open and lawful sources, without any official authority or the use of coercion. Most often, these services are sought by businesses, lawyers, and private individuals who need a verified factual basis for an important decision.

Ukraine still lacks a specific law governing this particular area. Therefore, services are provided within the framework of general legislation—civil law, the law on information, and the law on the protection of personal data. In practice, this means one thing: anything that does not violate the rights of others and does not fall under the exclusive jurisdiction of the state is permissible. It is precisely this line that distinguishes legitimate business practices from questionable methods that merely appear to be effective.

What Is Legal: Screening Business Partners and Employees

The most popular and legally sound approach is due diligence. This involves analyzing data that an individual or company has disclosed publicly, as well as information from government registries that are open to the public.

A pre-transaction due diligence review of a counterparty typically includes:

• the company's registration information in the Unified State Register;
• court cases in the Unified Register of Court Decisions;
• inclusion in debtor registries and enforcement proceedings;
• screening against sanctions and other public lists;
• analysis of publicly available financial and reputational indicators.

Employee screening is a particularly sensitive issue. An employer has a legitimate interest in learning about a candidate, but the limits are set by data protection laws. The correct approach is to collect only the information that the individual has voluntarily disclosed and, where necessary, to obtain their consent to process the data. This approach reduces the risk of legal challenges and protects both parties—the employer and the candidate.

Information Gathering: Open Sources vs. Investigative Activities

The main distinction lies between working with open sources and operational-investigative activities. The former is accessible to private investigators. The latter—wiretapping, covert information gathering, and access to restricted databases—is, under Ukrainian law, the exclusive jurisdiction of authorized state agencies.

The lawful collection of information is based on the following sources:

• publicly accessible government registries and databases;
• public announcements, official statements, and the media;
• information that a person has made publicly available on their own;
• Legal requests and inquiries within the scope of the right to information.

Anything that requires interference with private communications, breach of confidentiality, or covert surveillance falls outside the scope of a private investigator’s authority. Any attempt to obtain such information not only undermines the results—it also creates legal risks for both the investigator and the client. That is why a professional investigator is always ready to explain the source of every piece of information in the final report.

The Limits of the Law: What a Detective Is Not Allowed to Do

Understanding what is prohibited is just as much a part of the profession as research skills. Information obtained in violation of the law has no evidentiary value and may result in legal liability. Therefore, a responsible approach begins with a clear definition of what is not permitted.

Prohibited methods include:

• eavesdropping on conversations and intercepting correspondence;
• covert access to other people's devices and accounts;
• obtaining data from restricted databases in violation of the law;
• surveillance that violates a person's privacy;
• posing as a government official.

A client should be wary if a contractor promises to “obtain” any information without explaining the sources. A lawful result can always be justified: where the data came from and why access to it is lawful. Furthermore, a client who knowingly commissions illegal data collection risks sharing liability with the contractor, so cutting corners on legality ends up resulting in much greater losses.

How It Works in Practice

The work begins with a contract that outlines the objectives, scope, and permissible methods. Even before the project begins, it is important to agree on the expected outcome and the report format to ensure the work is focused. The confidentiality of the client and the collected data is ensured by the terms of the contract. Next, the specialist formulates a request, collects data from authorized sources, verifies its accuracy, and submits a structured report to the client with references to the sources.

For businesses, this approach represents a managed risk. Decisions regarding deals, partnerships, or hiring are made based on verified facts, not assumptions. The final report can be used in negotiations or for internal decision-making without fear that the method used to obtain the data will cast doubt on its validity. For the ARTAN team, transparency remains a top priority: the client receives a usable result without exposing themselves to legal consequences.