Grounds for Registering Criminal Proceedings under Article 191

Grounds for Registering Criminal Proceedings under Article 191 of the Criminal Code of Ukraine

The basis for opening criminal proceedings under Article 191 of the Criminal Code of Ukraine is the establishment of facts of embezzlement, misappropriation, or unlawful possession of property by an official.

Registration is allowed based on various reports received from any source, provided they contain information about a possible crime. These may include:

• statements from individuals, victims, or representatives of legal entities regarding suspected embezzlement or misappropriation;
• reports from employee groups, trade unions, or NGOs;
• internal audit or inspection reports from company staff;
• investigative journalism or media publications with factual allegations;
• official reports and analytical memos from law enforcement agencies.

According to Article 214 of the Criminal Procedure Code, the investigator or prosecutor must enter the information into the Unified Register of Pre-trial Investigations within 24 hours of receiving such a report.

Refusal to accept and register a criminal complaint is not allowed.

Recently, authorities have begun holding not only officials accountable but also those who exert influence over company leadership. Such influence is determined through covert investigative actions.

In 2024, several cases under Article 191 were submitted to courts. In 46 cases, property was confiscated as punishment; in 12 cases, special confiscation was applied — totaling over UAH 158 million. Most of these cases involved corruption in education, construction, and public procurement.

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