Compensation for blackmail or threats — what to do, how to obtain moral and material compensation

Blackmail and threats are not just “scary messages”—they are a real legal risk for the victim: psychological pressure, loss of money, reputational damage, medical expenses, forced relocation or job change. It’s important to understand: even if you “didn’t hand over anything,” a demand made under threat may already contain signs of a crime — and, in parallel, open the way to seeking compensation for damages.

In Ukraine, compensation can be pursued along two tracks:

criminal proceedings against the blackmailer / person making threats;
civil compensation—non-pecuniary (moral) and pecuniary (material) damages.

These two tracks are often combined: a civil claim can be filed within the criminal proceedings before the start of the trial (under Article 128 of the Criminal Procedure Code of Ukraine).

What constitutes blackmail or threats in legal terms

Legal definition of blackmail/extortion under the Criminal Code

In everyday speech, “blackmail” means a threat to do something harmful to force a person to act in a certain way. In law, such actions are most often covered by the offense of extortion (Article 189 of the Criminal Code of Ukraine): when a person is required to transfer property/rights to property or perform actions of a pecuniary nature under a threat of violence, restriction of rights, destruction/damage to property, or disclosure of information the victim wishes to keep secret.

So “intimate photo blackmail,” “threats to leak chats,” “reputation pressure,” “threat to destroy property,” if used to extract money/valuables/benefit — very often legally qualifies as extortion.

Objective and subjective elements of the crime

In practice, the court and investigation focus on three key elements:

Objective element (the external act): there was a demand (to hand over money, property, accesses, make a payment, waive a right, transfer property, sign a document, etc.) and there was a threat as the instrument of pressure (violence, property damage, disclosure of private information, restriction of rights, etc.).

Subjective element (mens rea / intent): intent and purpose to obtain a benefit or force a required action. Importantly, even if the threat “wasn’t carried out,” liability may still arise for the very fact of coercion if the elements of the offense are established.

Subject: a sane person who has reached the age of criminal responsibility. For extortion (Art. 189 CCU), criminal liability starts at the age of 14 (see Part 2 of Art. 22 CCU).

Examples of threats and forms of blackmail

The most common scenarios reported by victims:

Sextortion/intimate blackmail: “Pay — I won’t publish the photos/video,” “Give me access to the account — or I’ll send it to friends/relatives.”
Reputational blackmail: threats to “leak” to an employer/partners information taken out of context from correspondence, or fabricated “compromising material.”
Threats to property: “I’ll burn your car/smash your windows/ruin your store” — such threats (where there are real grounds to fear them) may fall under Art. 195 CCU (threat to destroy or damage property by arson, explosion, or other generally dangerous methods), provided there are real grounds to fear it.
Threats to life/health: if a threat to kill has real grounds for fear, this may form a separate offense (Art. 129 CCU).
Blackmail with private data: threats to disseminate personal data, medical/family information, details of private life (sometimes simultaneously raising the issue of invasion of privacy — Art. 182 CCU).

Legal framework and liability for blackmail/threats

Criminal liability — Art. 189 CCU “Extortion”

The key “core” article for blackmail involving the demand for a benefit is Art. 189 of the Criminal Code of Ukraine. It covers pressure through violence/property as well as through a threat to disclose unwanted information.

In practice, it is very important to correctly formulate the police report: what exactly was demanded, what specific “benefit” they sought to obtain, what the threat was, and why you reasonably perceived it as dangerous (context, prior actions, demonstration of capabilities, “proofs,” tracking you, etc.).

Distinguishing blackmail from related offenses

Correct qualification influences tactics, evidence, and the chances of obtaining compensation. Related offenses often considered alongside extortion include:

Threat of murder (Art. 129 CCU) — when the focus is on the threat to life and real grounds exist to fear its execution.
Threat to destroy property (Art. 195 CCU) — when they threaten arson/explosion or other generally dangerous methods, again with real grounds for fear.
Violation of privacy (Art. 182 CCU) — when confidential information or personal data is unlawfully collected/disseminated, etc.
Coercion to fulfill civil obligations (Art. 355 CCU) — sometimes confused with extortion, especially in disputes over debts. Case law emphasizes: not everything someone “demands to be paid” is extortion; the offense elements and the nature of the demands/threats are crucial.

Sanctions: criminal consequences

For extortion and related offenses, the law provides for various punishments — from milder measures to actual imprisonment, depending on the circumstances: repetition, group actions, use of violence, significant sums, resulting harm, etc. The specific sanctions and qualification are determined by the text of the relevant CCU article and the facts of the case.

The right to compensation for moral and material damages

Civil-law basis for compensation

Compensation for harm is based on the Civil Code of Ukraine: general grounds for liability for pecuniary damage (Art. 1166), moral damage (Art. 23) and its compensation (Art. 1167), as well as the concept of losses (Art. 22).

An important option for the victim: to file a civil claim within the criminal proceedings — then the compensation issue is considered together with the criminal case.

Moral damage — what it is and when it is compensable

Moral damage is not “feelings in general,” but legally significant suffering/losses of a non-pecuniary nature: humiliation, fear, anxiety, disruption of normal life, deterioration of family relations, forced isolation, reputational harm, and other negative experiences. The right to its compensation is expressly provided for by the Civil Code of Ukraine.

Courts assess moral damage by the intensity and duration of suffering, the perpetrator’s conduct, the consequences for social and professional life, and the evidence (medical documents, consultations with a psychologist, witness statements, correspondence, other confirmations).

Material damage — direct expenses, losses

Material damage in blackmail/threat cases may include:

actual losses: treatment, psychologist, security services, lock/phone replacement, account recovery, notary fees, relocation costs, legal fees, etc.;
lost income (loss of profit): where threats caused the loss of a contract/job/clients (harder to prove, but possible with the right evidentiary basis).

The notion of “losses” and their components (actual losses and lost profits) is set out in Art. 22 of the CCU (Civil Code of Ukraine).

How to prove damages in court

Necessary evidence — reports, correspondence, recordings, testimony

In such cases, the core evidence usually consists of the documentation of communications and context:

original correspondence (messengers, email), links to accounts, numbers, nicknames, dates and times;
audio/video, voice messages, call history;
screenshots (preferably with visible dates/times), backups, chat exports;
witness testimony (whom you informed immediately; who saw the threatening messages);
documents confirming consequences: medical notes, psychologist visits, change of residence/job, expenses.

Important: do not delete correspondence, do not “wipe” your phone, and do not engage in negotiations such as “send money and I’ll stop” without consulting a criminal defense lawyer. Instead, collect, preserve, and duplicate the evidence.

Expert examinations and damage assessments

Examinations are appropriate when you need to turn digital data and assessments into procedurally strong evidence, for example:

phonoscopic/linguistic analysis to identify a voice or the content of threats;
computer forensic examination of the origin of files/accounts/interference;
economic calculation of losses;
medical and psychological opinions (to substantiate moral damage).

The choice of examination depends on what the opponent disputes: “that’s not my account,” “not my voice,” “it was a joke,” “there was no harm,” etc.

Sample formulations for a claim

Below are typical, “court-friendly” formulations to be adapted to your facts (these illustrate the logic and must be adapted to your facts—they are not copy-and-paste templates):

On moral damage:

“As a result of systematic threats and blackmail, I experienced persistent anxiety and fear for my safety, sleep disturbances, was forced to limit social contacts, and changed my usual lifestyle. I request compensation for moral damage in the amount of … UAH, taking into account the nature of the offense, the duration of the impact, and the consequences for my condition.”

On material damage:

“Material damage consists of documented expenses for … (list of expenses with amounts), as confirmed by receipts/contracts/invoices. I request recovery of … UAH in material damage.”

On causation:

“These expenses/consequences arose directly due to the unlawful actions of the defendant, as evidenced by the correspondence/recordings/police report/materials of the criminal proceedings.”

If filing within criminal proceedings:

“The civil claim is filed within the criminal proceedings and is subject to consideration under the CPC of Ukraine.”

What to do in case of blackmail or threats

First steps — contact the police

If there is an immediate threat to life/health — call 102. Then file a crime report (in person, in writing, via electronic channels where available in your region).

Key point: information about a criminal offense must be entered into the Unified Register of Pre-trial Investigations (ERDR) without delay and, in any event, no later than 24 hours after the report/notification is filed or after independent detection of circumstances that may indicate a criminal offense.

Request an extract from the ERDR and record the case number: it should be provided within 24 hours from the moment the information is entered into the ERDR — you will need it for further motions and the civil claim.

Filing a civil claim

There are two most common paths:

Civil claim within the criminal proceedings (often the most convenient, as evidence is gathered within the investigation and the court considers everything comprehensively).
Separate civil claim — when the criminal prospects are uncertain, or you want to advance the compensation issue faster, or there is a specific defendant/subject matter.

To avoid an unenforceable judgment,” in some situations it is advisable to seek protective measures — for example, seizure of assets to secure the civil claim (within the CPC, this is handled under the rules on seizure of property).

The lawyer’s role in the process

In blackmail/threat cases, a lawyer usually covers three critical tasks:

correctly qualify the incident and frame the police report so it isn’t “written off as a domestic conflict”;
build the evidence base and procedural communication with the investigation/prosecution;
prepare the civil claim and a strategy for actual recovery (including securing the claim).

Practical tips for victims

How to avoid further threats

Do not “negotiate under pressure.” Minimize contact, but keep the channels through which threats arrive to document evidence. If you reply, keep it neutral or don’t reply at all (depending on the situation), but do not provoke and do not agree to “one-on-one” meetings.

Protecting personal data and privacy

Change passwords, enable 2FA, review connected devices, revoke unknown sessions, reissue the SIM/eSIM if there is a risk of interception. Separately check access to cloud storage (photos/backups) — that’s often where material for blackmail is found.

Conduct on social networks and in correspondence

During the conflict, “keep a low digital profile”: fewer geolocations, fewer public stories about routes, minimal personal data in open access. If blackmail is linked to “content leaks,” do not post excuses/explanations in your feed: act through legal mechanisms and targeted requests to platforms/administrators instead.

FAQ

What actions qualify as blackmail or threats under the law?

If threats are used to force you to transfer property/money/rights or perform an action of a pecuniary nature, this often bears the hallmarks of extortion (Art. 189 CCU), particularly where pressure is exerted through threats of violence, property destruction, or disclosure of unwanted information.

How to prove moral damage caused by blackmail or threats?

Through a combination of evidence: threatening correspondence/recordings, confirmation of the duration and intensity of pressure, medical documents (sleep issues, anxiety), psychologist consultations, testimony of relatives, reputational consequences. The right to such compensation is set out in Art. 23 of the Civil Code of Ukraine.

Can I simultaneously seek criminal punishment and civil compensation?

Yes. A civil claim can be filed within the criminal proceedings and is considered by the court under the CPC.

What evidence is key for a civil compensation claim?

For material damage — documents evidencing expenses and causation; for moral damage — evidence of threats and their impact on life/health/reputation. The concept of losses and their composition is defined in Art. 22 of the Civil Code.

How long does it take to obtain compensation?

Duration depends on many factors: how quickly the ERDR entry is made and investigative actions are carried out, the complexity of evidence, the suspect’s position, court workload, and the availability of assets for recovery. At the outset, it is vital to achieve procedural “fixation” of the incident (registration) and gather the evidence correctly.

How “Pravovyi Lider” can help

If you are facing blackmail or threats, task №1 is to stop the pressure and properly “package” the evidence so the case isn’t lost at the screening stage and compensation is real, not just on paper. Pravovyi Lider lawyers can: prepare the criminal report, manage communication with the investigator/prosecutor, draft a civil claim (within the criminal proceedings or separately), and devise a strategy to recover moral and material damages.