Lawyer under Article 367 of Ukraine’s Criminal Code — Official negligence

Legal assessment under Article 367 of Ukraine’s Criminal Code

A breach of an internal rule does not automatically establish a criminal offence. Counsel distinguishes disciplinary, commercial and criminal matters and examines every relevant element of Article 367. The distinction from intentional abuse also matters: an adverse result alone does not justify choosing either classification without evidence.

Evidence and circumstances the lawyer examines

Audit and expert findings are compared with primary records, source data and the calculation method. The amount of loss must be distinguished from whether the alleged failure actually caused it. Other causes and third-party actions are considered for their effect on causation and the conclusions the evidence supports.

• Official duties and appointment orders.
• The allegation and audit findings.
• Primary transaction records.
• Materials concerning available information.
• Loss calculations and expert reports.
• Correspondence about assigned work.

Legal assistance during investigation and in court

At trial, we examine the alleged duty, breach, fault and consequences. Institutional records are considered alongside the practical working process, while oral explanations also require support. Challenges to procedural decisions or asset restrictions are agreed separately where grounds exist.

Lawyer consultation concerning official negligence

A consultation concerning official negligence 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 367, provide available records such as official duties and appointment orders and the allegation and audit findings 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 official negligence 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 official negligence 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.

Why clients choose Prikhodko & Partners

Hundreds of criminal law cases

Read accounts of the team’s work in our criminal case section. The circumstances and outcome of each matter are individual. Explore our criminal law cases

Case law helps assess how courts apply rules to specific circumstances. We check whether decisions are current and comparable, rather than treating another case’s outcome as automatic. An online consultation can begin with the available records. Client reviews are available in the relevant section of this page.

Lawyer fees concerning official negligence

Lawyer fees concerning official negligence 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 367 begins, we define what the professional fee includes: documents, attendance at actions or hearings, review of materials such as materials concerning available information, 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

Explain what records the person actually received and which decisions they could make. Preserve existing requests, risk notifications, reports about insufficient resources and responses. Their significance depends on timing and content rather than merely the existence of a letter.

Long periods should be divided by changes in positions, duties and responsible people. This avoids attributing decisions made before appointment or after powers ended. Counsel develops a verifiable chronology and identifies matters that remain unestablished rather than filling gaps with assumptions.