Employee Screening
Managers are increasingly using polygraph examinations during hiring and within employment relationships — alongside video surveillance and corporate email monitoring.
About Testing
Legality of Lie Detector Testing
When a polygraph examination is permitted in Ukraine, what legal restrictions apply, and how the consent of the person being tested is оформлено — we explain the key points step by step.
Private Examinations
People often want to find out whether their relatives, friends, or colleagues are being truthful — a polygraph becomes a tool for establishing facts.
We will discuss the legality of lie detector testing and its legal basis in Ukraine.
01
Procedure
What is a Polygraph Examination?
A polygraph measures a person’s physiological responses to questions. It is not a “magic box” but a tool used by a qualified specialist.
Interview Duration
The examinee communicates with the polygraph examiner: a pre-test interview is conducted, questions are formulated, and the recording and analysis are performed.
Test Recording
The respondent remains in one position with sensors attached and answers “yes” or “no” to the agreed questions.
The Role of a Polygraph Examiner
Without an experienced specialist who properly formulates questions and interprets the results, an instrumental examination has no value.
02
Legal Framework
Legality of the Grounds for Examination
No Direct Law — and No Prohibition
Ukraine does not have a law that directly regulates the use of polygraph examinations. However, there are also no laws prohibiting their use.
Code of Labor Laws
Testing does not contradict the current Labor Code of Ukraine — in particular Articles 21, 26, 40, 41, 130, 138, and 139.
Employment Contract
Clause 21 of the Cabinet of Ministers Resolution No. 170 dated 19.03.1994 allows a polygraph examination to be included in an employment contract — both during hiring and throughout employment.
Written Consent
The legality of the procedure is ensured when the person being tested provides written consent to undergo a psychophysiological examination.
In an Employment Contract
The examination may be defined as a psychophysiological study that does not cause harm to health and is conducted to confirm the absence of circumstances preventing the conclusion of an employment contract.
03
Restrictions
What Questions Cannot Be Asked
Article 32 of the Constitution guarantees the right to privacy, while Article 28 protects human dignity. Consent to testing does not mean that any questions may be asked.
Sexual Orientation
Questions related to intimate matters and personal life are unacceptable.
Maternity Leave
It is prohibited to ask about a candidate’s or employee’s intention to take maternity leave.
Offensive or Humiliating Questions
Any questions that humiliate a person’s dignity are beyond the scope of a lawful examination.
Ideally, the list or scope of questions should be provided for review together with the written consent to conduct the examination.
04
Consequences
Can an Examination Lead to Dismissal?
Challenging in Court
If an employer bases a dismissal solely on the results of a polygraph examination, such actions can most likely be challenged. Dismissal requires more substantial legal grounds.
Liability Procedure
To hold an employee accountable or terminate employment, a specific procedure must be followed: written explanations from the employee, witness statements, internal reports, and official documentation.
Right to Refuse
An employee has the right to refuse to undergo the examination — however, this may raise concerns from the employer. A lack of loyalty toward the company may negatively affect career development.
Lie Detection Group
The value of truth is significant. We will be happy to help you discover it!
We conduct personnel polygraph examinations starting from 2,000 UAH per employee. Our experience includes real cases of assisting in establishing the truth in civil and criminal matters.
Need a legally compliant examination?
We will prepare the consent form, agree on the questions, and conduct the examination with an experienced polygraph examiner — confidentially and officially.