Article 191 of the Criminal Code of Ukraine: Who Can Be Accused?

             Article 191 of the Criminal Code of Ukraine is a key provision in the fight against corruption and property-related crimes in public service. It establishes criminal liability for misappropriation, embezzlement, or unlawful acquisition of property through abuse of office. In practice, this article is frequently used in cases involving budget embezzlement, corporate fraud, and other abuses in both the public and private sectors.

Who Can Be Held Liable?

• Officials – employees entrusted with or managing property;
• General subjects (under Part 1) – any person with entrusted property under contractual or civil arrangements;
• Founders and other persons – if they exercise real influence over the property or coordinate actions to misappropriate it. The Supreme Court notes that founders can be liable only if they have the relevant powers and control.

Accomplices such as organizers, facilitators, or consultants involved in the scheme can also be held liable.

What Actions Are Considered Criminal?

• Misappropriation – full and unauthorized transfer of property for personal use;
• Embezzlement – using entrusted property not for the owner’s benefit but for others;
• Acquisition through abuse of office – using official powers contrary to service interests (e.g., issuing fictitious documents, unauthorized bonuses).

Important: Liability requires proof that the property was not theirs, was entrusted, and that the person acted with direct intent and personal gain.

What Are the Thresholds for Damage?

• Significant damage: UAH 151,400–378,500;
• Large: UAH 378,500–908,400;
• Especially large: over UAH 908,400.

Penalties under Article 191:

• Fine, corrective labor, restriction or imprisonment up to 4 years – base offense (Part 1);
• Up to 5 years – if committed by an official abusing position;
• 5–8 years – if large-scale or repeated;
• 7–12 years + property confiscation – if especially large-scale or by an organized group.

Additional penalties may include disqualification from holding certain positions for up to 3 years.

Why Founders and Others May Be Accused:           
Courts often investigate not just formal managers but also founders, co-owners, and those who effectively manage property. If a founder organized the scheme, gave instructions, or approved illegal acts, they can be charged.

If the person had no power or influence, liability doesn’t apply. Each case requires careful factual assessment.

How to Protect Yourself and Your Business:

• Define clear rules for property access and control;
• Keep records of all transactions and decisions;
• Conduct regular internal audits and involve independent experts;
• Seek legal help immediately if there are suspicions or investigations.

Conclusion:
Article 191 covers a broad range of property-related crimes. Not only officials, but also founders and stakeholders can be held liable. Proving intent, damage amount, and personal involvement is key. Early legal assistance is essential to protect business interests.

WINNER Law Firm has extensive experience in handling economic criminal cases. Our experts can assess your risks and develop a strong defense strategy.

📺 More in the video lecture by criminal law practice leader Yevheniy Murchenko (link below).