Lawyer under Article 369-2 of the Criminal Code of Ukraine – Abuse of influence

Criminal proceedings under Article 369-2 of the Criminal Code of Ukraine are characterized by increased complexity, procedural sensitivity, and belong to the category of cases subject to heightened attention from anti-corruption and law enforcement agencies. Charges of abuse of influence are often based not on the actual receipt of an unlawful benefit, but on the interpretation of statements, intentions, contacts, communications, as well as the perception of a person’s role in interactions with public authorities. Under such circumstances, legal and reputational risks for businesses, professional consultants, and intermediaries arise long before a case reaches judicial review.

What constitutes a charge under Article 369-2 of the Criminal Code of Ukraine?

Abuse of influence in the criminal law sense covers actions related to offering, promising, accepting, or receiving an unlawful benefit for facilitating decision-making by persons vested with authority, organizational-administrative, or administrative-economic powers. A defining feature of this provision is the possibility of criminal liability even in the absence of a real mechanism of influence, provided that a belief in its existence is formed.

This approach directly follows from the disposition of Article 369-2 of the Criminal Code of Ukraine, which emphasizes the criminal punishability of actions regardless of a person’s actual ability to influence an official. The legislator deliberately abandoned linkage to the achieved result, focusing instead on the direction of conduct, the nature of arrangements, and the creation of an impression that an issue can be “resolved” through connections, status, authority, or reputational resources.

Judicial practice and explanatory notes emphasize that it is not the result that is criminally significant, but the behavior aimed at creating the impression of the possibility to “resolve an issue” through connections, status, acquaintances, or reputational capital. This very construction makes Article 369-2 one of the most dangerous and risky for entrepreneurs, consultants, intermediaries, advisors, and public figures.

What liability is предусмотрed for abuse of influence?

Article 369-2 of the Criminal Code of Ukraine provides for liability for offering, promising, providing, or receiving an unlawful benefit for the purpose of influencing a decision of an official. A key feature of this provision is that the occurrence of liability does not depend on whether a real result was achieved. The mere intent and actions aimed at exerting influence are sufficient, which significantly broadens the scope of criminal risk.

The extent of liability depends on the person’s role, the stage of implementation of the arrangements, and the nature of the benefit received. Offering or promising an unlawful benefit may entail a substantial fine or restriction of liberty. Receiving a benefit or accepting a promise of influence is considered a more socially dangerous act and may be punishable by imprisonment for several years, along with an additional prohibition on holding certain positions or engaging in specific activities.

Particular danger arises from procedural measures actively applied already at the pre-trial investigation stage:

• searches,
• seizure of funds and property,
• blocking of accounts,
• seizure of equipment,
• preventive measures.

Even without a conviction, such actions are capable of paralyzing business or professional activities. Therefore, liability for abuse of influence should be assessed not only through the prism of formal sanctions. Real consequences often manifest in the loss of reputation, partners, contracts, and access to public and international projects, making this article one of the most threatening for business in anti-corruption practice.

Legal assistance of a lawyer in cases under Article 369-2 of the Criminal Code of Ukraine

In proceedings concerning abuse of influence, contacting a lawyer is critically important not after a notice of suspicion is served, but much earlier — from the very first moment of contact with law enforcement authorities. It is during interrogations, searches, inspections, or invitations to “provide explanations” that the evidentiary base is formed, which subsequently determines the prosecution’s position. Ill-considered actions at this stage often become fatal for further defense.

A lawyer helps build the correct model of conduct even before acquiring formal procedural status. Situations where a person is offered to give explanations without the status of a suspect or to engage in informal communication with the investigation are particularly dangerous. Even isolated phrases taken out of context may be used to prove intent to exert unlawful influence.

The most common triggers for urgent legal protection include:

• contact with the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor’s Office, the State Bureau of Investigations, and units of the National Police of Ukraine;
• an offer to provide explanations without suspect status;
• recording of conversations, meetings, or transfer of funds;
• seizure of electronic media, phones, documents;
• public exposure;
• leaks of information to the media.

In such criminal proceedings, legal assistance goes far beyond formal defense in court. It involves continuous monitoring of investigative actions, minimization of procedural and reputational risks, and preservation of business and professional activities, making the involvement of a lawyer essential from the very first days of case development.

Are you being contacted by government authorities regarding Article 369-2 of the Criminal Code of Ukraine? Fill out the form on the website of the Law Firm “Prikhodko & Partners” to receive a cost estimate for legal services.