Lawyer under Article 364 of Ukraine’s Criminal Code — Abuse of authority or official position

Legal assessment under Article 364 of Ukraine’s Criminal Code

Article 364 requires examination of official status, the use of authority or position contrary to service interests, the purpose specified in the provision and the consequences. A job title or signature does not replace those elements. Counsel establishes the decision the person was authorised to take, the information available and the precise allegation.

Abuse of office must be distinguished from negligence, excess of powers, misappropriation and embezzlement. Conduct, fault, the person covered and proof differ. Records concerning an asset transaction do not automatically allow an Article 364 assessment to be replaced with a theft-related conclusion under Article 191.

Evidence and circumstances the lawyer examines

Defence counsel reviews job descriptions, institutional rules, delegated powers, approval minutes and information available when the decision was made. The result must be examined alongside competence and actual ability to act. A collective decision requires analysis of each contribution rather than only the signatory list.

The alleged loss calculation is checked for source data, method, period and causation. Audit findings or expert conclusions must be compared with primary records and transaction terms. We separately examine the evidence of an improper benefit and purpose. A business loss or disagreement about commercial judgment does not replace every element of the offence.

• The allegation and episode descriptions.
• Job descriptions and delegated authority.
• Decision approval minutes.
• Contracts and primary records.
• Loss calculations and expert findings.
• Audit records and procedural orders.

Legal assistance during investigation and in court

We first identify status, episodes and relevant records. Counsel prepares for questioning, attends agreed actions and drafts motions to obtain materials or examine findings. The position is organised around particular decisions and periods so that different officials’ responsibilities are not merged.

At trial, the defence addresses testimony, primary records, expert materials and the legal basis of powers. Procedural restrictions can be examined for challenge where grounds exist. Corporate, employment or disciplinary issues are distinguished from the criminal allegation and may require a separate engagement.

Lawyer consultation concerning abuse of authority or official position

A consultation concerning abuse of authority or official position starts with your procedural status, the records received and the next scheduled date. We distinguish issues that can already be assessed from those requiring additional case materials.

For a meaningful review under Article 364, provide available records such as the allegation and episode descriptions and job descriptions and delegated authority in advance where possible. Do not select only favourable extracts: inconsistencies matter when assessing risks. We explain the available procedural steps, documents needed and limits of the proposed assignment. A consultation, a single submission and continuing case representation are different engagements.

An online consultation concerning abuse of authority or official position can provide an initial review remotely. Communication and file-sharing arrangements are agreed with counsel. Personal attendance at an investigative action or hearing is arranged separately according to the procedure and location. Sending an enquiry does not automatically appoint a lawyer as defence counsel in proceedings.

Working with Prikhodko & Partners

Before work concerning abuse of authority or official position begins, we identify the responsible lawyer, engagement scope and communication arrangements. The client understands which documents are being prepared, the next action and when separate approval is required. Facts obtained during legal assistance are discussed confidentially, with an agreed method for sharing sensitive materials.

Lawyer fees concerning abuse of authority or official position

Lawyer fees concerning abuse of authority or official position depend on the stage, urgency, volume of records, number of episodes and procedural work required. One consultation, examination of several case volumes and defence through a particular stage involve different work. The criminal practice’s starting prices appear in the pricing section; they do not establish an identical budget for every case.

Before work under Article 364 begins, we define what the professional fee includes: documents, attendance at actions or hearings, review of materials such as contracts and primary records, and reporting arrangements. Additional expert work, translation, travel and necessary expenses are discussed separately. Changes to the scope also require agreement; payment does not guarantee a procedural outcome.

Practical preparation for legal representation

A decision-making chart can identify who initiated, reviewed, approved, signed and implemented a decision. It helps establish the client’s actual place and available information. A reference to collective decision-making should be supported with records rather than used as a universal denial of an individual role.

For procurement or valuation issues, preserve contemporary justifications, quotations and performance records. Later changes in price or conditions should not automatically be applied to an earlier transaction. Counsel identifies questions requiring specialist knowledge and helps develop an evidence-based position.