Fraudulent actions with payment cards – Article 190 of the CCU “Fraud”

Ukraine is one of the first countries in the field of digitization. This is progress and it's great, it makes our lives easier, but it also gives fraudsters full access to all your personal resources, which fraudsters use to withdraw funds from your bank account or other means, while being separated from you personally, not with you communicating and perhaps even being abroad.

From personal legal practice, it is possible to note that fraud on the Internet has gained a large scale. There are different forms of it and fraudsters can get hold of your credit funds or funds that are in other bank accounts, even without receiving information from you, which contains confidential information on your credit card about the Pincode of your credit card or payment card, three significant CVV- code is a code to verify the authenticity of your card when paying online and performing other types of transactions, as before, but there are new, more "sophisticated" forms of fraud on the Internet.

I will give an example of fraud on the Internet from my own legal experience.

Fraudsters block the phone number of the victim, to which online access to credit resources is tied, and the phone of the victim of Internet crime is for some time without the possibility of using it - this is a short period of time.

After that, fraudsters redraw online banking to another phone number that is in their use, a bank card is reissued and with the help of online banking - Privat 24 or another, online loans are issued for a person, credit and personal funds of the victim of internet fraud are withdrawn.

Internet fraud is carried out very quickly, in our example, it took the fraudsters less than an hour to issue illegal loans and withdraw credit funds, with the issuance of credit obligations to the debtor, in the amount of more than UAH 160,000.

Is it possible to return funds debited by fraudsters from your bank card? Yes, maybe. On the condition that you did not inform the fraudsters of your personal data: CVV code and Pincode, because in this case you yourself violate the rules of using banking services and security.

Law firm Prykhodko and Partners knows how to return credit funds written off by fraudsters and is ready to help you return funds written off by fraudsters.

It is also mandatory to contact the bank that provides your service and the bank that services the fraudster's bank account to which the funds were transferred, immediately block the card and contact the cyber police with a statement that fraud has been committed against you - a crime, the responsibility for which is provided for in Art. 190 of the Criminal Code of Ukraine - "Fraud".

When contacting law enforcement agencies, it is important to:

• so that your application was registered precisely as a report of a crime and the information was entered into the ERDR, for which it is necessary to obtain an Extract from the ERDR.
• so that you receive a reminder about the rights of the victim, accordingly acquire the status of a victim in criminal proceedings, which gives you the rights as a victim of a crime.
• it is necessary to control the progress of the pre-trial investigation, which must be carried out in the event of inactivity of the investigator or improper work of operatives in the execution of the instructions of the investigator, which did not lead to an effective investigation of the case and compensation for the damages caused to the victim of fraudulent actions, is carried out by submitting petitions, statements and complaints, both to the investigator and the leadership of the law enforcement agency, and to the investigating judge.

Considering the complexity of this task, it is suggested to seek professional help from a lawyer, although this is not mandatory in the case of your full legal knowledge.

When contacting the bank, bank employees try not to accept relevant applications, but you must also insist on accepting and providing you with an official answer. And here it is also problematic for the client to act independently, because the appeal must be made in the correct format in order to be able to return the lost funds.

Similarly, it is possible to ask questions in case of illegal seizure of your credit funds by brokers, Internet fraudsters, fraud with cryptocurrency.

If the refund is refused, the bank will have to refund the entire amount of illegally debited funds.

This obligation of the bank and the right to reimbursement derives from a number of articles of the Civil Code of Ukraine, which regulate the procedure for reimbursement of losses.

Yes, Art. 22 of the Civil Code regulates the right to compensation for damages.

As for the relationship with the bank specifically regarding compensation - this is regulated by Part 1 of Article 1066, Part 1 of Article 1071 of the Civil Code, which stipulates that the bank has the right to write off funds based on the order of the client and is obliged to identify the client, failure to fulfill or improper fulfillment of this obligation by the bank is a legal basis for compensation for losses.

That is, the right to initiate withdrawal of funds from one's account is the right of the client and the task of the bank to identify this person and prevent the withdrawal of funds for the benefit of third parties, in this case - Internet users.

Article 1073 of the Civil Code establishes the obligation of the bank, in case of detection of illegal withdrawal of funds, to return them to the client's account.

I would like to add that there is a successful legal practice of returning illegally collected funds for the benefit of clients at the expense of the bank.

So, summing up what has been said, it should be noted that the return of illegally debited funds from customer accounts is a complex issue that must be resolved in three ways:

• Application to the bank for refund
• Appeal to law enforcement agencies - cyber police with a statement about the implementation of fraudulent actions against the client
• Appeal to the court to the banking institution with a claim for the return of funds in a civil procedure.