Lawyer in cases under Article 364 of the Criminal Code of Ukraine: defense against accusations of abuse of office

What Is Article 364 of the Criminal Code of Ukraine?

An accusation under Article 364 of the Criminal Code of Ukraine is among the most complex categories of “official” crimes. It combines legal subtleties (defining a “public/official person,” criteria for “substantial harm” and “grave consequences,” and the presence of the purpose of obtaining an unlawful benefit) with significant procedural pressure: searches, interrogations, temporary access to items and documents, covert investigative (search) actions, and preventive measures. In such cases, decisive factors are a rapid analysis of the case narrative, neutralizing unlawful investigative steps, and building a defense grounded in the Criminal Code and Criminal Procedure Code, evidentiary standards, and current case law.

What Article 364 CCU Provides For

Abuse of Authority/Official Position — the Essence of the Offense

The substance of the charge: the intentional use of official powers contrary to the interests of service to obtain an unlawful benefit (for oneself or third parties), which caused substantial harm to protected rights or interests of the state, society, or legal entities. Qualifying features include the occurrence of grave consequences and/or commission by a law-enforcement officer. A key demand on the prosecution is proving each element of the offense: the subject, unlawfulness, the goal of unlawful benefit, consequences, and causation.

Subject — Who Can Be a Suspect/Defendant

The subject is an official person: a representative of state or local authority, as well as a person holding a position with organizational-administrative or administrative-economic functions (permanently, temporarily, or under a special mandate). In every case it is crucial to clearly identify the powers, competence, and the person’s real influence on the disputed decision or actions.

Sanctions — Fine, Restraint/Deprivation of Liberty, Disqualification

Sanctions under Article 364 CCU range from a fine and restraint of liberty to imprisonment, with an additional penalty in the form of a ban on holding certain positions or engaging in certain activities. The specific type and amount of punishment depend on the proven consequences (substantial harm or grave consequences), the person’s status, and the presence of aggravating or mitigating circumstances.

Table: Elements of the Offense under Article 364 — What Must Be Proven

Element	What the Prosecution Must Prove	How the Defense Rebuts
Official person	Status under Art. 18 CCU: presence of authoritative/managerial functions; real influence on decisions.	Show absence of official-person features; collegial decision-making; lack of individual competence or powers.
Acts contrary to service interests	Decisions/actions that contradict laws, regulations, standards.	Alternative reading: business risk, managerial discretion, compliance with internal procedures.
Purpose of obtaining unlawful benefit	Presence of benefit (economic/other) for oneself or third parties.	No selfish purpose; different motive (service necessity); doubts interpreted in favor of the accused.
Consequences (substantial harm/grave consequences)	Real, quantifiable harm; proper calculation methodology; documentary proof.	Challenge methodology and causation; demonstrate market conditions, force majeure, external factors.
Causation	Proof that the official’s actions caused the harmful consequences.	Show alternative causes; absence of direct impact; independent pricing; collegial decisions.

What Legal Services We Provide in Article 364 Cases

Consultation and Case Analysis

We conduct an initial audit of the narrative and procedural status (witness/suspect), assess risks, timelines, and potential violations. We form a “risk map” and a short-term action plan for 14–30 days.

Assessment of the Evidence Base

We verify the lawfulness of obtaining evidence, its admissibility and relevance. We analyze the presence of offense elements: official status, unlawfulness and overstepping of powers, purpose of unlawful benefit, reality and amount of harm, and causation. Where needed, we initiate alternative expert examinations and financial calculations.

Defense Strategy Development

We select a tactical model: refuting corpus delicti, reclassification (to disciplinary or commercial violation), mitigation (compensation, mediation, plea arrangements), active procedural posture (own experts, defense witnesses, requests).

Drafting Motions, Complaints, Objections

We prepare motions to recognize evidence as inadmissible, for recusal, to change/cancel preventive measures, to appoint/repeat an examination; complaints against investigative actions/inaction; objections to prosecution motions.

Defense at the Investigation Stage

We accompany searches, seizures, temporary access, interrogations; ensure attorney presence during investigative actions; record and challenge procedural violations.

Representation in Court (Trial, Appeal, Cassation)

We examine witnesses/experts, participate in debates, file appeals and cassation complaints with references to current legal positions. We build a coherent alternative version of events and demonstrate weaknesses in the prosecution’s case.

Appealing Investigative/Judicial Decisions

We appeal notices of suspicion, asset seizure, search/covert-action warrants, verdicts; we initiate review based on exceptional circumstances where grounds exist.

How We Work — Defense Stages

Intake and Initial Analysis

We promptly determine the client’s status, check timelines and risks (detention, asset arrest, preventive measure), conduct a confidential consultation, and outline first steps.

Collection and Verification of Evidence

We collect contracts, orders, minutes, regulations, economic calculations, official correspondence; we initiate defense-witness interviews, expert research, and requests to authorities/counterparties.

Preparation of Procedural Documents

We prepare a package of motions and complaints, construct the legal stance, and detail an alternative causal chain of events.

Participation in Investigative Actions (Interrogations, Searches)

We ensure the presence of a criminal defense attorney during key investigative actions, control compliance with procedure, and record violations (video, remarks to protocols).

Judicial Defense

Focus on inadmissibility of evidence, methodological flaws in examinations, absence of selfish purpose, and the unreality/unfounded nature of alleged damages.

Appeal, Further Review

We draft appeal/cassation complaints, apply relevant legal positions, and initiate review based on exceptional circumstances.

Why Choose Us

Specialization and Experience in Article 364 Cases

We have focused experience in “official” and anti-corruption offenses: we understand how investigators build narratives, where examinations most often fail, and how to prove the lawfulness of managerial decisions.

Track Record of Successful Cases

Our portfolio includes closures due to absence of corpus delicti, lifting of suspicion, charge downgrades, and mitigation via civil-law mechanisms.

Individual Approach and Strategy

Each case has its own strategy considering official powers, regulations, business context, economic feasibility, and risk matrices.

Transparent Fees and Assurances

We fix scope and budget at the start; provide a free initial consultation; and report in detail on every procedural step.

Case Examples / Results

Brief Descriptions of Real Matters (Anonymized)

Case 1. Negotiated Procurement

Essence: the head was accused of abuse in choosing the procedure and an allegedly inflated price. Defense actions: alternative price analysis, expert opinion on the market, confirmation of urgent need, absence of selfish purpose. Result: refusal to extend preventive measures; later — case closed.

Case 2. Asset Write-Off

Essence: the write-off was treated by the investigation as grave consequences. Defense actions: audit of decisions and powers, proof of economic expediency, alternative damage assessment. Result: reclassification outside criminal offense; civil-law settlement.

Case 3. Contract with an Allegedly Affiliated Entity

Essence: allegation of unlawful benefit for third parties. Defense actions: disproving affiliation, showing market-level terms, absence of causation. Result: suspicion lifted; asset arrest canceled.

Case 4. Challenging an MAB Commission Decision within a Criminal Proceeding

Essence: a servicemember was accused of abuse of authority when processing documents after a Military Medical Board (MMB) conclusion.

Defense actions: we proved that the MMB conclusion had procedural flaws and could not be used as proper evidence because the commission’s decision had not taken effect.

Result: a ruling was obtained to close proceedings for absence of corpus delicti; the client was reinstated.

How Charges Were Dropped or Sanctions Reduced

The key was a comprehensive approach:

1. demonstrating absence of selfish purpose;
2. dismantling the damage-calculation methodology;
3. alternative expert opinions;
4. identified procedural violations during evidence collection;
5. confirmation of lawful managerial discretion and collegial nature of decisions.

FAQ

Can Criminal Liability Be Avoided?

Yes. If at least one element of the offense is absent (official status, purpose of benefit, substantial/grave consequences, causation), the case may be closed or the verdict may be an acquittal. Reclassification or mitigation is also possible.

How Long Does a Case Take?

From several months to a year or more, depending on the volume of evidence, number of examinations, and court instances. We create a procedural timeline and keep the client regularly informed.

What Are the Defense Fees for Article 364?

The cost depends on complexity: number of investigative actions, hearings, examinations, and travel. The initial consultation is free; afterward, hourly billing or fixed packages are possible.

Can Investigative Decisions Be Appealed?

Yes. Notices of suspicion, asset seizure, search/covert-action warrants, verdicts, and investigative inaction can be appealed. We develop an individual appeal strategy at every stage.

What Should I Do During Detention or a Search?

Contact an attorney immediately; do not testify without consultation; record violations (video, remarks to protocols); insist on counsel’s presence during all investigative actions.

Need urgent help with an Article 364 CCU case? To start quickly, fill out a short form — the initial consultation is free. After your request, we will promptly contact you, assess risks (detention, asset arrest, preventive measure), provide first recommendations for interrogation/search, and list the required documents. If it’s more convenient, call us — we can step in at any stage. Confidentiality and attorney-client privilege are guaranteed.