Fraud (Article 190 of the Criminal Code of Ukraine): Criminal Liability for Fraud in Ukraine
Under the Criminal Code of Ukraine, fraud is taking possession of another person’s property or acquiring a right to property by deception or abuse of trust (fraud). Deception in this context means giving the victim false information or deliberately concealing material facts in order to have money, property or rights handed over voluntarily. Abuse of trust means using a relationship of trust (family, professional, etc.) to achieve the same result.
In Ukraine, criminal liability for fraud is established by Article 190 of the Criminal Code.
Almost everyone has come across the term “fraud” in everyday life: the term is quite common, and so is the crime it describes.
Depending on the gravity of the crime, the penalty may include a fine, community service or correctional labour, restriction of liberty and, in certain cases, imprisonment for up to 12 years with confiscation of property.
Aggravating circumstances and limits of liability
The article consists of several parts, in which liability differs depending on the amount of damage and the presence of aggravating circumstances (a repeat offence, conspiracy by a group of persons, significant damage, large or especially large amounts, the use of computer equipment, an organised group, martial law or a state of emergency, etc.). The greater the damage and the “more serious” the circumstances, the “heavier” the penalty.
- Part 1. A fine of 2,000–3,000 tax-free minimum incomes of citizens (hereinafter — NMIC), or 200–240 hours of community service, or correctional labour for up to 2 years, or probation supervision for up to 3 years, or restriction of liberty for up to 3 years.
- Part 2. (repeat offence, conspiracy, significant damage) — a fine of 3,000–4,000 NMIC, or correctional labour for 1–2 years, or restriction of liberty for up to 5 years, or imprisonment for up to 3 years.
- Part 3. (martial law / state of emergency + significant damage) — a fine of 4,000–8,000 NMIC or imprisonment for 3–5 years.
- Part 4. (large amounts or unlawful operations using computers) — imprisonment for 3–8 years.
- Part 5. (especially large amounts or an organised group) — imprisonment for 5–12 years with confiscation of property.
Three practical steps for basic protection
Check information and documents.
Always do your own checks: verify the details of contracts and counterparties, confirm the authority of signatories, record agreements in writing, and keep receipts, acts and correspondence. Do not make decisions based solely on verbal promises or “screenshots”.
Do not trust strangers — check facts and people.
Before handing over money, property or personal data, verify the person (passport / qualified electronic signature), the status of the sole proprietor or legal entity in the registers, and the absence of enforcement proceedings and criminal risks. Avoid advance payments without security (a receipt, pledge or bank guarantee), and do not sign blank or incomplete forms.
Keep a lawyer “on speed dial” and exercise your rights.
Our specialists at LF “DSA GROUP” will provide a professional consultation. In fraud cases, it is critical to involve a defence lawyer in the criminal proceedings at an early stage — from the first procedural action to the trial.
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