Fraud – what is the article and what are the penalties for fraudulent actions in Ukraine?

Fraud is a fairly common phenomenon in Ukraine. Every year, new types, forms and methods of it appear. For example, fraudulent actions can be used in various areas of business: insurance, investment, banking, trust. According to current legislation, namely Article 190 of the Criminal Code of Ukraine, fraud is an action aimed at taking possession of someone else's property or acquiring the right to someone else's property through abuse of trust or deception. That is, the subject of fraud can be both property itself and the right to such property. In this article, we will consider an important question: what article and what are the consequences of fraudulent actions in Ukraine.

Fraud: the most common schemes

Depending on the ultimate goal of criminals, the following fraudulent schemes are distinguished:

• Phishing.

The basis of illegal activity is attempts to lure personal information from a potential “victim”. Among such information: bank card numbers, passwords, sending links to “double” sites.

• Pharming.

User data is used to redirect to a copy of the official site. The basis is the use of malicious software. That is, we are talking about fraud on the Internet.

• Vishing.

To obtain confidential information, attackers use phone calls.

• “Prepayment fraud”.

This is a scheme that has already become a classic. A potential “victim” receives a message about winning a large sum of money or a valuable gift. The only thing is that a small prepayment is required to receive it.

Also included in fraudulent activity is the artificial replacement of the characteristics of an object. For example, a person is promised to send a certain product. After payment, the “victim” receives a product that is not what he or she expected. The list includes examples of the most well-known fraudulent actions. The actual number is much higher.

What is the liability for fraudulent actions?

Liability for fraud is provided for in Article 190 of the Criminal Code of Ukraine.

Each part of the article provides for its own punishment, depending on the unlawful conduct committed.

Part one provides for liability for actions related to the appropriation of someone else's property or the acquisition of the right to private property of third parties based on abuse of trust or deception:

• Financial liability - up to 50 non-taxable minimum incomes of citizens (hereinafter - NMI).
• Community service - up to 240 hours.
• Correctional labor - up to 2 years.
• Restriction of liberty - up to 3 years.

In part two, aggravating factors are added to the actions listed above: repetition; commission by a group of persons; presence of prior conspiracy; causing significant harm to the victim.

This article provides for the following punishment: a fine of up to 100 minimum monthly wages; correctional labor for up to 2 years; restriction of liberty for up to 5 years; imprisonment for up to 3 years.

Aggravating factors under Part Three of Article 190 of the Criminal Code are:

• Especially large size.
• Use of electronic and computer technology.

Liability – imprisonment for up to 8 years.

The sanctions of Part Four of Article 190 of the Criminal Code concern illegal actions committed by a group with a clear organization or in especially large amounts. In this case, the perpetrators face imprisonment for up to 12 years. Additionally, confiscation of property.

Thus, in order to qualify a person’s actions under the article on fraud, the following signs must be present:

• Subject of the crime.

The subject of illegal activity is: funds, property or the right to private property.

• The injured party.
• The perpetrator. A person who has reached the age of 16 and committed a crime for selfish motives, intentionally.
• The presence of the fact of unlawful influence on such a person through deception or abuse of trust.

If you need the help of a lawyer under the article on fraud, contact the specialists of our law firm "Prykhodko and Partners".

Lawyer in criminal proceedings related to fraud

To protect your finances and personal data from fraudsters, you should remember the basic rules of safe behavior. Among such basic rules:

1. Do not provide your personal information to third parties.
2. Carry out a thorough check of the reliability of the data.
3. In no case do not follow dubious links.
4. Use high-quality antivirus software.
5. Do not trust offers to receive "mountains of gold."

If you have already been the victim of fraudulent schemes, use the help of our specialists – lawyers “Prykhodko and Partners”. We will be able to protect your legitimate interests. Our lawyers will prove the fact of the crime and provide high-quality representation in court.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services under Article 190 of the Civil Code of Ukraine, fill out the form below.