Lawyer under Article 368-4 of the Criminal Code of Ukraine – Bribery of a person providing public services

Criminal proceedings under Article 368-4 of the Criminal Code of Ukraine (bribery of a person providing public services) fall into the category of increased risk. They directly affect business, the medical and educational sectors, expert activities, as well as any areas where a specialist’s decisions have legal and factual consequences for third parties.

Such cases are characterized by the active use of covert investigative (search) actions, controlled transfers of funds, operational purchases, involvement of confidential informants, and recording of negotiations. For this reason, the defense requires not a reaction after a notice of suspicion is served, but a professional strategy from the very first minutes of contact with law enforcement.

What is considered bribery of a person providing public services

The criminal legislation of Ukraine provides for criminal liability both for offering, promising, or providing an undue benefit, and for accepting it. Importantly, the corpus delicti is considered completed from the moment the offer or promise is expressed, regardless of the actual receipt of funds or the achievement of any result.

Persons providing public services include individuals who do not have the status of public officials but perform socially significant functions. These include notaries, auditors, appraisers, experts, insolvency practitioners, private enforcement officers, doctors, lecturers, members of конкурс and attestation commissions, and other specialists whose decisions determine the rights and obligations of individuals and legal entities.

The key issue in such cases is whether the benefit was aimed specifically at unlawful influence, rather than payment for a lawful service or civil-law relations.

What liability is предусмотрена under Article 368-4 of the Criminal Code of Ukraine?

Sanctions for offering, promising, or providing an undue benefit are severe and include:

• substantial fines;
• restriction or deprivation of liberty;
• confiscation of property;
• prohibition from engaging in professional activities;
• revocation of licenses;
• deprivation of the right to perform public functions;
• reputational consequences.

Additional consequences should also be considered: loss of a license, termination of contracts, blocking of accounts, suspension from work, and serious reputational damage.

In practice, even having the status of a suspect is accompanied by searches, seizure of property, and public disclosure, which creates psychological and financial pressure even before the case is heard by the court.

When the risk of criminal prosecution is highest

Criminal proceedings often arise in situations that the participants themselves do not perceive as unlawful. Most clients turn to a lawyer only after covert investigative actions have already been carried out, although the risk of initiating criminal proceedings arises much earlier. Investigations often rely on the interpretation of intent rather than objective results.

The most risky situations include:

• informal arrangements regarding “acceleration” or “assistance”;
• transfer of funds without a clearly defined legal purpose;
• receipt of remuneration for actions that formally fall within professional duties;
• use of intermediaries;
• communication without a lawyer after being summoned by law enforcement authorities;
• agreeing to participate in a “controlled transfer” without understanding the consequences.

A particular danger is participation in so-called “controlled transfers,” where a person is effectively pushed into actions that are later qualified as a crime. Judicial practice recognizes provocation as inadmissible, but proving it without professional defense is extremely difficult.

How a lawyer builds a defense in bribery cases

Defense in cases involving bribery of persons providing public services is based on a thorough analysis of every piece of evidence and strict adherence to procedural discipline. The main objective is to prove the absence of the elements of a criminal offense or to dismantle the evidentiary framework of the prosecution.

The defense strategy includes:

• analysis of the legality of covert investigative actions;
• verification of the absence of provocation by law enforcement authorities;
• assessment of the person’s status as a provider of public services;
• refutation of intent to exert unlawful influence;
• exclusion of inadmissible evidence;
• development of an alternative legal narrative;
• protection during interrogations, searches, and court hearings.

The practice of the Supreme Court has repeatedly emphasized that the mere fact of transferring funds, without establishing the purpose of unlawful influence and a causal link, is not a sufficient ground for a conviction.

Advantages of defense with “Prikhodko & Partners”

The lawyers of the Legal Bureau “Prikhodko & Partners” have practical experience in defending cases involving corruption offenses and bribery of persons providing public services. We work proactively, apply current case law of the Criminal Cassation Court, and build an individualized strategy taking into account all risks to the client and their reputation.

Our approach is based on:

• early intervention in criminal proceedings;
• in-depth analysis of evidence and procedural violations;
• use of current case law of the Criminal Cassation Court;
• protection of the client’s professional reputation;
• full legal support until the final decision

If criminal proceedings have been initiated against you under Article 368-4 of the Criminal Code of Ukraine, timely consultation with a lawyer is critically important. Leave your request in the form below to calculate the cost of legal support in the case — our lawyers will definitely contact you.