Lawyer under Article 367 of the Criminal Code – Official Negligence

One of the most common crimes is official negligence. The main characteristic of unlawful behavior under Article 367 of the Criminal Code of Ukraine (hereinafter referred to as the CCU) is negligence. We are talking about both the negligence of the act itself and the potential consequences. In this article, we will talk about the composition of the crime under the article on negligence in the workplace and the features of the qualification of the specified actions. If you need a lawyer under Article 367 of the CCU - Official Negligence, the lawyers of our law firm "Prykhodko and Partners" are ready to help you.

The elements of a crime under Article 367 of the Criminal Code

Let's start with the direct object of unlawful conduct. This is the procedure for professional activity, which is established by current Ukrainian legislation. This procedure regulates the activities of bodies:

• Local self-government.
• State authorities.
• At enterprises, organizations or institutions.

In this case, the form of ownership does not matter. The objective side of official negligence consists of the following signs:

• Action

The basis of an unlawful act is improper performance or failure to perform duties by an official. Such actions are associated with an unscrupulous or negligent attitude to one's duties (inaction/action).

• Socially dangerous consequences

Causing significant harm to the rights, interests, freedoms of citizens or public or state interests; causing especially serious consequences.

• Direct connection between the act and the consequences.

The object of illegal activity under Article 367 of the Criminal Code of Ukraine is a citizen of Ukraine or a business entity whose constitutional rights have been violated.

The subjective side of criminal activity is negligence and self-confidence.

Subjects are state officials, citizens who have organizational and managerial or administrative and economic responsibilities.

What does the scope of official negligence depend on and what determines it?

It is based on the boundaries of a person’s official competence.

Official negligence can be:

• One-time

Among examples is the loss of a large sum of money.

• Systematic

Systematic official negligence is characterized by a certain line of behavior: improper conduct of a quarterly inspection, etc.

To correctly identify a person’s actions, the investigative authorities establish specific duties that were assigned to the official.

Let’s move on to the issue of liability under Article 367 of the Criminal Code of Ukraine.

Part One

Essentials of the crime: official negligence that has caused significant harm to other persons or the interests of the state.

Liability: fines – up to 500 non-taxable minimum incomes of citizens (hereinafter – NMI); corrective labor - up to 2 years; restriction of liberty - up to 3 years; deprivation of the right to engage in professional activity - up to 3 years.

Part Two

Elements of the crime: the above-mentioned acts, which led to serious consequences.

Liability: deprivation of liberty - up to 5 years; prohibition of professional activity - up to 3 years; fines - up to 750 NMDG.

Lawyer services under Article 367 of the Criminal Code of Ukraine

As the practice of lawyers of our law firm “Prykhodko & Partners” shows, the actions of a person under Article 367 of the Criminal Code of Ukraine can not always be characterized as “official negligence”. There are frequent cases when accusations under this article are used to put pressure on an official with his subsequent removal from office. Our professional lawyers will be able to prove the innocence of the person.

We provide the full range of services within the framework of criminal proceedings under Article 367 of the Criminal Code of Ukraine:

• Analysis of the presence of the elements of a crime under Article 367 of the Criminal Code of Ukraine.
• Assessment of the risks of holding the client liable under the article on official negligence.
• Choosing the optimal defense strategy.
• Providing recommendations on correct behavior during interrogation, during searches, inspections.

Our lawyers will ensure that all investigative actions are carried out within the framework of current Ukrainian legislation. It is very important to involve a lawyer at the pre-trial investigation stage.

We will make all necessary efforts to collect evidence of the person’s innocence by interviewing witnesses, analyzing documents, obtaining the results of examinations and expert opinions.

Lawyers of the law firm “Prykhodko & Partners” have thorough theoretical and practical training for high-quality protection of the client’s interests. We apply an individual approach to each case, using exclusively effective strategies and algorithms. If you or your loved ones are suspected under Article 367 of the Criminal Code of Ukraine, our lawyers will be able to provide high-quality professional services to drop the charges or significantly mitigate the degree of responsibility.

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 367 of the Civil Code of Ukraine, fill out the form below.