Lawyer for abuse of power or official position – Article 364 of the Criminal Code of Ukraine

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Lawyer for abuse of power or official position – Article 364 of the Criminal Code of Ukraine

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According to the current Ukrainian legislation, abuse of official position or power is an act that falls under the category of criminal. This official crime is punishable by imprisonment for up to 6 years. The main task of a lawyer under Article 364 of the Criminal Code of Ukraine is to obtain the most positive result, namely, an acquittal. If you need a lawyer under Article 364 of the Criminal Code of Ukraine, the specialists of our law firm Prykhodko and Partners will be able to help you with this.

Article 364 of the Criminal Code of Ukraine: the concept of abuse of power or official position

Article 364 of the Criminal Code of Ukraine states that abuse of office or power is a crime. That is, we are talking about the deliberate receipt of an illegal benefit as a result of abuse of official position or power. The provision of such "services" is against the interests of the service in cases where it significantly harmed the freedoms, rights and interests of individual citizens and/or public or state interests.

Thus, the subject of the crime under Article 364 of the Criminal Code of Ukraine is an official, i.e., a person who temporarily, permanently or by special authority performs the functions of a representative of local self-government, authorities, etc. In fact, a large number of employees fall under the category of "official".

When people think of official crimes, the first thing that comes to mind is corruption. And there is nothing surprising in this. It is the fight against corruption that occupies a prominent place in the internal politics of many states. Ukraine is no exception.

Among other crimes committed under Article 364 of the Criminal Code of Ukraine:

  • Professional negligence.
  • Giving/receiving a bribe.
  • Official forgery.
  • Exceeding official powers and authority.
  • Declaration of false information about the property status of an official.

Any official crime must have an evidentiary documentary basis. In this case, only the testimony of witnesses is not enough.

Punishment provided for by Article 364 of the Criminal Code of Ukraine

The Criminal Code establishes the following types of punishment for abuse of power or official position:

  1. Arrest for up to 6 months.
  2. Fines.
  3. Deprivation or restriction of freedom for up to 3 years.

In the event that the abuse of power or official position caused particularly serious consequences, according to the sanction of the article, the court may impose a more severe punishment, namely: deprivation of liberty for up to 6 years.

Assistance of a lawyer under Article 364 of the Criminal Code of Ukraine

Do you need a lawyer under Article 364 of the Criminal Code of Ukraine? Specialists of the law firm Prykhodko and Partners will be able to solve any problem. We guarantee high professionalism and consulting at all stages of criminal proceedings. We have many years of practical experience in the field of criminal law. The key to our success is an individual approach to each specific case. Lawyers Prykhodko and Partners have all the necessary arsenal of practical tools to protect the interests of the company's clients.

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Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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