A lawyer under Article 365 of the Criminal Code of Ukraine – Abuse of power or official authority by a law enforcement officer

The main powers of official positions are management of departments, organizations, institutions. However, quite often there are cases when individuals abuse their own power to obtain undue benefit. For this, they resort to falsification of documents, deception. If representatives of law enforcement agencies exceed their powers, such actions are subject to the sanctions of Article 365 of the Criminal Code of Ukraine. To protect his legal rights, the accused can enlist the support of highly qualified lawyers. Specialists of our law office are ready to provide you with comprehensive legal assistance and support within the framework of the current legal field.

Classification of cases according to Article 365 of the Criminal Code

Liability under the article on abuse of official authority depends on the offense committed.

• Abuse of official position

In some cases, a person holding a high position acts contrary to the activities of the law enforcement organization in which he works. The main goal is to make a profit.

Prescribed liability: fines - up to 750 NMDH, restrictions or deprivation of liberty for a term of up to 3 years, ban on holding a position.

• Exceeding official powers

Such actions concern representatives of law enforcement agencies who acted exclusively in their own interests or in the interests of third parties. The consequences of such actions are causing great harm to other persons.

Prescribed liability: deprivation of liberty for a term of up to 5 years or restriction of liberty for a similar term, ban on holding a position for up to 3 years.

• Official negligence

Illegal actions consist in failure to fulfill one's official duties, dishonest attitude to professional activity, which led to serious consequences.

Prescribed liability: fines - up to 4,000 NMDH, correctional work - up to 2 years, restriction of freedom for a period of up to 3 years, removal from office (in some cases - indefinitely).

• Official forgery

Criminal actions are related to the creation and issuance of falsified documents by a person, the introduction of false information, and the forgery of especially valuable securities.

Prescribed liability: fines - up to 4,000 NMDH, restriction of freedom for up to 3 years, removal from office for up to 3 years.

• Acceptance of an offer to receive an undue benefit

Criminal actions consist in committing illegal actions using official position.

Proposed liability: fines - up to 4000 NMDH, imprisonment for up to 4 years, arrest for up to 6 months, removal from office for up to 3 years.

Please note: in the presence of aggravating circumstances, the term of imprisonment is up to 10 years.

Assistance of a lawyer under Article 365 of the Criminal Code

When qualifying each specific case, it is necessary to take into account its features. Cases related to official crimes, in particular, abuse of official authority or power, are no exception. Without qualified legal assistance, the suspect will not be able to analyze all the details and aspects of the criminal case. It is better to enlist the support of professional lawyers. Specialists Prykhodko and Partners:

• Build an effective line of defense.
• They develop the correct tactics of behavior.
• Evidence base is being collected.
• They are participants in all investigative actions.
• All procedural documents are drawn up.
• Actions of pre-trial investigation bodies are contested.

And this is far from a complete list of services provided by our specialists. We work to obtain the desired result, using various tools within the framework of the current legal field.

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