Lawyer under Article 364 of the Criminal Code – Abuse of power or official position

Very often, persons holding public positions are subject to the interest of representatives of law enforcement agencies. In particular, criminal liability is provided for abuse of official position or power. Such actions are subject to the sanctions of Article 364 of the Criminal Code of Ukraine. The lawyers of our Prykhodmo and Partners law office will be able to protect your rights and interests under this article.

To whom does Article 364 of the Criminal Code apply?

Article 364 of the Civil Code applies to all officials whose specialization is the performance of administrative, economic, administrative and organizational duties. At the same time, it does not matter which authorities they represent: state, local self-government bodies, individual organizations or institutions. The official position of the suspect is also irrelevant: rank, field of activity, form of ownership, scope of authority.

What is abuse of power?

The basis of such an illegal act as abuse of official position is the deliberate use of power contrary to the interests of the service. Such actions cause serious damage to the freedoms, rights and interests of citizens, legal entities, and the state.

The category of "abuse of power" also includes cases when an official used the authority of his position to achieve the desired result.

Abuse of power is mainly aimed at obtaining both material and non-material benefits. The key point is the availability of benefit. It can consist not only in obtaining property or funds, but also intangible assets, services, benefits.

Article 364 of the Criminal Code: responsibility

This article provides for the following responsibility:

• Arrest for up to 3 months.
• Deprivation/restriction of freedom for up to 3 years.
• Prohibition on engaging in certain activities.
• Penalties - up to 750 NMDH.

If the illegal behavior led to particularly serious consequences, a more severe punishment is prescribed:

1. Fine from 500 to 1000 NMDH.
2. Imprisonment for up to 6 years.
3. Ban on engaging in certain activities for a period of up to 3 years.

Liability under this article occurs in cases where the following conditions exist:

• Carrying out illegal actions that go against the interests of the service.
• Acting in one's own interests or in the interests of both individuals and legal entities.
• Obtaining benefits for oneself personally, in particular, material.
• Causing significant damage to state, public interests, companies, specific individuals.

Assistance of a lawyer under the article on abuse of power

Our lawyers provide professional legal assistance to suspects, accused, victims, witnesses under Article 364 of the Criminal Code. We advise clients both offline and online. Our lawyer will analyze all the available documents, the evidence base for the case. We protect the interests of each person when interacting with representatives of law enforcement agencies, in courts of first instance, cassation, and appeal. If necessary, the lawyers of our law office prepare complaints, objections, and other procedural documents.

As for the cost of the services of our lawyers, everything depends on the complexity of each specific case. We can join a criminal case at any stage. However, it is better to do it as early as possible. We do not recommend giving any testimony without an attorney.

Our specialists act exclusively in the current legal field. We can find a way out of even the most difficult situations.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 364 of the Criminal Code, fill out the form below.