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Article 190 of the Criminal Code of Ukraine is one of the most relevant criminal law provisions concerning the protection of property and financial rights. Fraud, which underlies this article, is widespread both in everyday life and in business, and with the advance of digital technology, it is taking on new forms and scales. This analytical article examines the specifics of applying Article 190 of the Criminal Code of Ukraine (CCU), the main components of the crime, the grounds for accusations, categories of people who may be charged, as well as judicial practice and nuances of qualification. Legal Definition of Fraud Article 190 of the CCU defines fraud as the acquisition of someone else’s property or the acquisition of rights to property by deception or abuse of trust. Such actions are the basis for prosecution under this article. Elements of the Crime: Objective element—acquiring someone else’s property or right to property through deception / abuse of trust. Subjective element—intent to illegally obtain property or ownership rights. Object of the crime—any movable or immovable property, money, valuables, or property rights belonging to another. Subject of the crime—any sane, competent person over 16 years of age. Actions That Fall Under Article 190 of the CCU To be charged under Article 190 of the CCU, it must be established that: There was deception—the person intentionally provides false information or conceals facts, misleading the other party (for example, forging documents to obtain money, false promises in exchange for payment, etc.); There was abuse of trust—exploiting a trust relationship to illegally obtain property (for example, taking an advance payment without intending to do the work, obtaining a loan with no intention to pay it back). Common examples: Selling non-existent goods or services (especially online). Receiving money for a promised delivery or service with no intent to fulfill. Faking events (insurance fraud, staged car accidents, etc.). Taking out loans or credit with no intention to pay back. Transferring property by exploiting family or trust relationships with no legal right. Who Can Be Accused Any person over 16 who has knowingly committed unlawful actions to acquire someone else’s property or property rights can be prosecuted under Article 190 CCU. There are no restrictions by occupation, social status, or citizenship. Mandatory elements for prosecution: Subjective element: awareness that the property is someone else’s and is being transferred under false pretenses. Lack of any legal or apparent right to the property. The aim is to obtain property or rights gratuitously (without compensation). Importantly, it is not necessary for the offender to know the identity of the owner; the key is that the property is not theirs. Typical categories of fraudsters: Private individuals acting on their own behalf. Officials using their position to defraud others. Organized groups or legal entities (often in cases of large or especially large frauds). Qualification and Aggravating Circumstances Clause Nature of Actions Penalty 1 Acquisition of property or rights to it through deception/abuse of trust Fine, community/service work, restriction of liberty up to 3 years 2 Fraud committed by a group, repeatedly, or causing significant damage 1-5 years restriction of liberty or up to 3 years imprisonment 3 Large-scale fraud or using electronic means 3-8 years imprisonment 4 Especially large-scale fraud or committed by an organized group 5-12 years imprisonment with confiscation of property Circumstances affecting qualification: The amount of damage (large or especially large). Number of participants (individual or group). Method of deception (e.g., online fraud). Repeat offenses; Social status of the victim (crimes against vulnerable groups). Key Features and Proof of Fraud To prove guilt under Article 190: There must be deception or abuse of trust. Intentional actions mislead the victim. Property or rights are transferred as a result of deception. For-profit motive of the accused. Differentiation with other crimes: Use of forged documents with fraud is additionally prosecuted (Article 190 and Article 358 CCU). If the person had no intent to deceive or acted by mistake, there is no criminal liability. Judicial Practice Case law includes a variety of examples: from ordinary “everyday” schemes to complex IT crimes using anonymous payments and fake social media profiles. Examples: Recruiting people into fake investment projects, collecting money under the guise of charity. Buying expensive equipment in installments with forged documents and no intention to pay. Taking payment for services that were never planned to be provided. Fake real estate transactions. Financial pyramids, cryptocurrency schemes. Importantly: even if the victim voluntarily handed over the property, criminal liability applies if there was deception by the accused. Liability in Wartime and Modern Realities In 2023, due to martial law, extra severe sanctions were introduced for fraud that causes significant harm—fines and imprisonment have become stricter. There is a marked increase in fraud related to humanitarian and digital spheres. Protection Against Unfounded Accusations To avoid unfounded charges of fraud: Put all agreements in writing and save evidence. Document your intentions and capacity to fulfill obligations. Non-malicious failure to meet civil or commercial obligations, without deception, is not considered fraud. Conclusion Article 190 of the Criminal Code of Ukraine covers a wide range of deceptive actions related to the acquisition of property or property rights by deception or abuse of trust, and applies to any person. The key factor in prosecution is intent and the presence of deception. In the digital age and wartime, forms of fraud under this article are evolving, so both prosecution and defense require a delicate approach. Prepared by: Yevhen Murchenko – Head of Criminal Law and Procedure Practice at the Law Firm Association “WINNER Legal Company.”At the bottom of the video is a video lecture by Yevhen Murchenko. https://youtu.be/_tdSHp1Hxmo?si=JdibqZn4MC3CW857

A search is an investigative procedure conducted to find and document evidence, items, or materials relevant to a criminal case. In Ukraine, searches are governed by the Criminal Procedure Code. What to Do During a Search Stay Calm Do not resist or cause conflict. Avoid aggression, both verbal and physical. Check Documents Ask law enforcement officers to show: Official ID. Court decision or search warrant. Make sure the warrant specifies your address and is still valid. Call a Lawyer Inform the officers you want to wait for your lawyer. If they refuse to wait, make sure this is recorded in the protocol. Be Present at All Times Do not leave the premises — observe everything. Request the presence of witnesses (neutral third parties). Document Everything Record video if legal and possible. Take notes and record violations or suspicious actions. Stay Assertive About Your Rights Insist that all violations are included in the search protocol. Do Not Sign Documents You Disagree With Read all papers carefully before signing. Write down any objections directly in the protocol near your signature. What to Do After the Search Request Copies of All Documents Obtain a copy of the search protocol. Make sure to get a full list of confiscated items. Consult a Lawyer Evaluate whether the authorities acted legally. Decide whether to appeal the search or officers’ actions in court. File Complaints if Necessary Submit reports or complaints to the prosecutor’s office, court, or the State Bureau of Investigation. Attach all evidence: video recordings, photos, and witness statements. Recover Confiscated Property Submit a motion or lawsuit for the return of any seized items if appropriate. Useful Tips Don’t share passwords or confidential info unless formally recorded. Ask officers to show all contents before they seize documents or assets. Keep all records and documents given to you. Common Mistakes to Avoid Panic or attempting to hide/destroy evidence. Signing blank or incomplete protocols. Refusing legal counsel. Remember: Knowing your rights and acting calmly ensures your protection under the law. Respectfully, Attorney at Law, Law Firm WINNER – Ihor Yasko   https://youtu.be/BAu08iebqrI?si=CdvVux9RgebRdkwm

Moratorium on Inspections: The Real Threat to Business is Not the Inspectors — It’s the Law Enforcement System           By: Ihor Yasko When the Government Declares a “New Stage of Freedom” for BusinessIn July 2025, Prime Minister Yuliya Svyrydenko announced the government’s initiative to introduce a one-year moratorium on business inspections. This move is presented as an effort to protect entrepreneurs from pressure, create transparency, and encourage businesses to emerge from the shadows. But is a moratorium really what Ukrainian business needs today — or is the real problem elsewhere? Essence of the Initiative: What the Market Really Expects Moratorium Declaration: Only high-risk sectors (alcohol, oil & gas, defense) remain subject to inspections. Law-abiding businesses should be free from interference by control bodies. Audit of Criminal Cases: The government will audit existing criminal proceedings against businesses. The goal: close unjustified and blocking cases. New cases can be initiated only by the Prosecutor General or regional-level heads. Political Signal: The restrictions are intended to stimulate de-shadowing of the economy and provide “more freedom” for compliant businesses. A Brief History of Moratoriums in Ukraine   Moratoriums appear regularly during crises. Yet authorities have often found ways to circumvent them, and businesses rarely received real protection. Inspections as an Indicator of Trust     Inspections are not inherently bad. A fair and transparent system ensures accountability and fair competition. The real issue lies elsewhere. The Real Threat Is Not Inspections — It’s Arbitrary Law Enforcement Groundless raids and arrests Criminal proceedings used as pressure tools Corruption and impunity Lack of accountability mechanisms A Moratorium Doesn’t Help Without Reform          Without reform of law enforcement, a moratorium doesn’t change the real risks. Instead of inspections, “operational groups” from law enforcement may appear with “anti-corruption” cases. What Business Really Needs Transparent and predictable inspection rules with an independent appeal mechanism Protection from law enforcement abuse and mechanisms to hold them accountable Systematic audit of criminal cases against businesses Real reform of the police, SBU, DBR, and prosecution A strategic dialogue with the business community — not bureaucratic decisions behind closed doors ConclusionUkrainian business doesn’t need more PR-driven moratoriums. It needs fair, long-term, and protected rules. True freedom comes when an entrepreneur doesn’t fear the investigator, prosecutor, or judge. Managing Partner, WINNER Law Firm — Ihor Yasko https://youtu.be/J9EOsCgwkfQ?si=NPDTEY7bpNm1zYLo

Legal Services in Dubai and the UAE: A New Level of Support from WINNER Law Firm’s Partner In Dubai and the United Arab Emirates, legal support and professional business consulting remain relevant for entrepreneurs and international businesses of any scale. WINNER Law Firm’s partner in Dubai and the UAE offers comprehensive legal support for businesses according to the highest international standards. Key Legal Services WINNER Law Firm’s partner specializes in the following services: Business Registration: Full support for starting companies in Dubai and other Emirates, covering all organizational stages. Corporate Support: Legal assistance for company operations in compliance with UAE law. Contract Preparation and Analysis: Drafting, reviewing, and accompanying commercial agreements. Representation in Negotiations and Transactions: Protecting client interests when concluding deals, including M&A. Legal Expertise and Due Diligence: Assessing the legal integrity of companies and transactions. Transaction Structuring: Developing optimal schemes for financial and legal processes. Tax Planning: Consulting on effective tax structuring for businesses. Preparation of SPAs, shareholders’ agreements, and other documentation for business deals. International Projects: Support for negotiations and cooperation with investment funds. Commercial Process Optimization: Improving the efficiency of procurement and business processes. Accounting and Tax Compliance. Key Advantages of Choosing WINNER Law Firm’s Partner An experienced team of specialists across various fields of law and business. Leading position in the consulting and legal services market of the UAE. Individual approach to every client and case. Promptness, strategic mindset, and responsibility in project implementation.   “Choosing the right legal support is the key to safe and dynamic growth of your business in the UAE,” note grateful clients of WINNER Law Firm’s partners. Contact WINNER Law Firm If you want to receive these services, contact WINNER Law Firm – we will provide you with high-quality legal services in Dubai and the UAE together with our partner. The WINNER team guarantees professional support for the success of your business in one of the world’s most promising markets. https://youtu.be/9dbAc06GgG0?si=U339gJT3Yo-AgBVZ

Law No. 12320: Liability for Public Identification of a Lawyer with a Client Background and Legal Innovations On July 16, 2025, the Verkhovna Rada of Ukraine adopted Law No. 12320 in second reading. It introduces a new form of administrative liability — for publicly identifying a lawyer with their client. This includes any reference, in any form, that connects a lawyer to their client’s actions or identity. The law sparked considerable public and professional debate, as it touches upon two sensitive issues: the independence of the legal profession and the boundaries of free speech. Key Provisions The law defines “public identification” as any action that directly or indirectly links a lawyer to their client in the public domain. Such actions may include statements in the media, social media posts, mentions during public speeches or in written publications, online content, and more. Identification is considered a violation if it creates the impression that the lawyer supports or shares the client’s actions, views, or behavior. This undermines the perceived neutrality and professionalism of the lawyer and may exert pressure or interfere with their legal work. Types of Liability and Penalties Any citizen who publicly identifies a lawyer with their client may be fined between 200 and 300 non-taxable minimum incomes (in 2025, approximately 3,400 to 5,100 UAH). Public officials face higher penalties — from 300 to 400 minimums (about 5,100 to 6,800 UAH). If the violation is repeated within a year, the fine increases to between 600 and 800 non-taxable minimums — about 10,200 to 13,600 UAH. Who Can Initiate Proceedings Administrative proceedings may be initiated by: lawyers who believe they are subject to public pressure, self-regulatory bodies of the legal profession, authorized government agencies upon receiving information about a potential violation. Article prepared by – Attorney at WINNER Law Firm – Ihor Yasko https://youtu.be/k2-1dq7hxcY?si=_Yzdeva-cVSq9Gpv

Microsoft lays off thousands of IT specialists, including those who developed corporate artificial intelligence In 2025, Microsoft announced a massive wave of layoffs: according to Fortune, the company “let go of nearly 6,000 employees in May, followed by another 9,000 in July.” As BBC reports, these layoffs affected about 4% of the global workforce, as Microsoft decided to “plough money into artificial intelligence.” Many of those let go were developers and engineers who, in recent years, had built and implemented Microsoft’s internal AI systems. The paradox is highlighted by Financial Express: “The engineers were replaced by the same AI chatbot that they helped to train.” Some employees helped create technologies that soon took over their positions within the company. It’s known that in several divisions, including King studio, AI algorithms today fully automate processes once managed by people. According to Business Insider, Microsoft managers have recently encouraged remaining employees to actively integrate AI tools not only into their daily work but also for emotional support: “Microsoft managers suggested that laid-off employees use chatbots such as Copilot or ChatGPT not only for work, but to comfort themselves after losing their jobs.” Unsurprisingly, such advice sparked a wave of discussion in professional circles and on social media—raising the point that expertise in AI, once highly valued, is now a reason for staff reductions. Among those laid off are many who worked to boost efficiency through neural networks. As India Today points out, the company’s AI director encourages rapid adoption of Microsoft Copilot. Meanwhile, employees themselves question whether such massive automation could lead to further layoffs—especially among those who advance this very technology. “Microsoft has confirmed that it will lay off as many as 9,000 workers, in the technology giant’s latest wave of job cuts this year…,” notes BBC, while Fortune highlights that the company is changing its approach to innovation, betting on AI as a survival and growth strategy in a competitive landscape. Discussion about this situation often centers on the effectiveness of these decisions: does implementing AI really mean progress if the cost is laying off those who first introduced such tools? What should the balance be between automation and human capital in today’s job market if even AI developers can’t feel secure in their roles? Respectfully,Attorney at WINNER Law Firm – Ihor Yasko https://youtu.be/OEfrMZa9tB0?si=mML9sFLDoZwsI1lv

Digitalization has become a key driver of economic, social, and legal development in the 21st century. The implementation of digital technologies is transforming public services, businesses, and daily life, while creating complex legal challenges and raising concerns about human rights. Ukraine and the global community are striving to strike a balance between innovation and the protection of fundamental freedoms. Global Status and Trends 1.1. Overview OECD countries, the US, Japan, and the EU are advancing strategies on AI, blockchain, IoT, and Big Data. Core developments include: e-governance expansion; digital commerce; transformation in education and healthcare; emergence of digital currencies and assets. 1.2. Challenges: Increased risk of personal data leaks; Cyberattacks and espionage threats; Digital inequality between countries. Digital Technologies in Ukraine 2.1. Key Achievements: Diia app with over 17 million users. Leading in NFC payments and ranked 4th globally in crypto adoption. Institutional resilience during wartime. 2.2. Barriers: Digital exclusion of the elderly; Infrastructure gaps and IT workforce shortage. International Legal Framework 3.1. Focus Areas: Personal data protection (e.g. GDPR); AI and automation (AI Act); Legalization of crypto-assets; E-identification and e-signatures. 3.2. Key Instruments: EU Directive 2019/770; Budapest Convention on Cybercrime; UN Convention on Electronic Commerce. Legal Framework in Ukraine 4.1. Legislation: Law on Digital Content and Services; Law on Administrative Services (electronic format); Laws on e-commerce, e-signatures, cloud services; Draft laws on AI and crypto regulation. 4.2. Institutions: Ministry of Digital Transformation and CDTOs; Emerging regulators in AI and cybersecurity; SME Digital Support Strategy 2024–2027. Legal Challenges 5.1. Human Rights & Transparency: Striking a balance between innovation and oversight, especially regarding cybersecurity and digital rights. 5.2. Gaps & Needs: No systemic AI or blockchain laws; Weak consumer protection mechanisms; Lack of digital literacy among seniors and rural populations. Ukraine and Global Trends Ukraine is rapidly adopting global best practices, gaining recognition in Europe, though still lags behind in cybersecurity and consumer protections. Conclusions and Recommendations Ukraine is a regional digitalization leader. Legal regulation ensures secure digital environments. Harmonization with EU boosts Ukraine’s integration. Transparency promotes trust. Urgent needs: AI and virtual asset laws, enhanced data protection. Attorney at WINNER Law Firm — Ihor Yasko https://youtu.be/OEfrMZa9tB0?si=a1Wo02-7dEtrFD9v

Ukraine Officially Allows Multiple Citizenship: What the New Law Changes On July 15, 2025, the President of Ukraine signed a landmark law, for the first time allowing Ukrainians to hold citizenship in two or more countries. The initiative aims to unite Ukraine’s global diaspora and clarify the status of millions with foreign passports. Key points of the law: Recognition of simultaneous citizenship of Ukraine and other countries, provided the second country is on a government-approved list (EU membership and sanctions against Russia considered). Ukrainians can now officially obtain second citizenship without losing their Ukrainian passport. Foreign nationals from approved countries may acquire Ukrainian citizenship through a simplified process. Special provisions mean Ukrainian citizens abroad (children, spouses of foreigners, those who receive second citizenship automatically) need not fear losing their Ukrainian citizenship. How the list is chosen: The Cabinet considers EU membership, support for sanctions against Russia, and absence of security risks. The list is not finalized, but is expected to include most of the EU, USA, Canada, Japan, and Ukraine’s main allies. Opportunities: Ukrainians abroad are protected from losing their Ukrainian passport. Friendly foreign nationals enjoy a fast-track path to citizenship. Citizens of the aggressor state are excluded (they must renounce their citizenship). Practical changes: Millions of Ukrainians gain legal protection for holding dual citizenship. Ukraine joins 130+ countries globally with similar laws. The law helps reinforce ties with the diaspora.   Attorney at Law, WINNER Legal Company — Ihor Yasko https://youtu.be/J9EOsCgwkfQ?si=G0mKa8o_szDFkUHl

Why Pornhub left France           In June 2025, Pornhub — the world’s second most visited adult site — shut down operations in France, along with affiliated platforms (RedTube, YouPorn). The reason: France passed a stricter law requiring mandatory age verification. Instead of simple “I’m over 18” prompts, providers must now use more complex checks, like verifying bank cards or IDs. Authorities argue it protects children, but Pornhub and others claim these rules violate privacy, risk personal data, and are ineffective. Pornhub advocated for age checks to be implemented at the device or OS level (Apple, Google, Microsoft) — not on individual websites. Talks with the government failed, and Pornhub completely withdrew from the French market, cutting off millions of users. Market impact: France was Pornhub’s second-largest market after the US. Similar restrictions have already pushed Pornhub out of some US states. Other adult platforms face similar issues across the EU. Will OnlyFans leave the UK?     The UK is introducing its own laws on age verification for adult content websites. Unlike France, no mass platform exits have occurred yet. OnlyFans — founded in London — remains under regulatory scrutiny but hasn’t announced plans to shut down. Risks for OnlyFans: In 2021, it briefly attempted to ban explicit content under pressure from financial partners but reversed the decision due to user backlash. The UK is preparing stricter verification laws — if they’re overly rigid or technically complex, OnlyFans may exit or relocate. Unlike Pornhub, OnlyFans is a subscription-based platform, much of whose content is amateur or lifestyle-related. What experts say: Many creators are exploring alternatives due to regulatory uncertainty and pressure from payment systems. A potential sale to US investors and a change in tax structure are reportedly under discussion. Legal and safety risks tied to content moderation and age compliance will keep rising. Conclusions: Pornhub’s exit from France was a forced move in response to a law it refused (or failed) to comply with. In the UK, OnlyFans faces risks but no immediate threat of departure. It may adapt its model or structure. A full withdrawal is only likely if laws become as strict and technically burdensome as in France. 📌 This reflects the ongoing transformation of the digital adult industry — under legal, tech, and societal pressure around privacy and child protection. Written by Ihor Yasko, Attorney at WINNER Law Firm          Law. Strategy. Business Protection. https://youtu.be/J9EOsCgwkfQ?si=A4BjgYk0cBoVMRRZ

In the context of reforming Ukraine’s law enforcement system, the issue of liability for abuse of power or authority has become increasingly relevant. Article 365 of the Criminal Code of Ukraine (CCU) is one of the key provisions establishing criminal liability for law enforcement officers who exceed their powers. However, many questions arise in society and among professionals regarding who can be charged under this article, what actions fall under it, and what consequences may follow. Content of Article 365 CCU The article provides criminal liability for a law enforcement officer who intentionally commits actions that clearly exceed their powers, causing significant harm to the rights of individuals, the state, society, or legal entities. Three parts of the article: Part 1 — actions causing significant harm: up to 5 years of restraint or 2–5 years of imprisonment with a ban on holding certain positions (up to 3 years). Part 2 — actions involving violence, threats, weapons, or special means: 3–8 years of imprisonment with disqualification. Part 3 — actions causing grave consequences: 7–10 years of imprisonment. Who can be charged? The subject of the crime is special — a law enforcement officer, who: permanently or temporarily holds a position in a law enforcement agency; performs organizational or authoritative duties; represents state authority (even temporarily or by delegation). Includes police, SBU, prosecutors, customs, border guards, etc. Distinction from other offenses: Art. 364 — abuse of authority (acting within powers but contrary to service interests); Art. 365 — exceeding authority (acting outside the limits of power). Objective elements: Clearly exceeding authority; Intentional action; Significant harm (material damage, rights violations, reputational harm, etc.). Subjective element:           Direct intent — the person understands the unlawfulness and foresees the consequences. Judicial practice:   Typical cases include: Unlawful use of force or weapons; Illegal arrests or searches; Decisions causing pain, humiliation, or substantial harm. Challenges and trends: Ambiguity in defining the subject; Need to distinguish from other crimes (torture, Art. 127; unlawful imprisonment, Art. 146, etc.); Increasing enforcement in serious cases; Difficulty proving intent and substantial harm. Conclusion:Article 365 is an important tool for protecting citizens from law enforcement abuse, but effective application requires clear interpretation of subjects and elements of the crime, guided by judicial practice. Author: Nataliia Zharyuk, criminal law and procedure lawyer at WINNER⬇️ Below: courtroom video of WINNER’s legal team defending a client at the High Anti-Corruption Court (HACC). https://youtu.be/V6VIYjriyBw?si=GYSZHqIz6RtbQHl3