Віталій Бессонов - Адвокат у кримінальних справах. Захист у кримінальних провадженнях
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Economic Crimes: Defense Specifics

Short answer

Defense in cases involving embezzlement, tax evasion, public-office offenses and unlawful benefit allegations. Economic crimes are a complex category where criminal, tax, commercial, and corporate law intersect. Comprehensive analysis of case materials and documents Preparation of alternative expert conclusions Challenging audit results and tax reviews

Published
Legally reviewed
Author
Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015

Step-by-step action plan

  1. 1Comprehensive analysis of case materials and documents
  2. 2Preparation of alternative expert conclusions
  3. 3Challenging audit results and tax reviews
  4. 4Recovery of seized assets
  5. 5Reputation management and minimizing media pressure

Specifics of Economic Criminal Cases

Economic crimes are a complex category where criminal, tax, commercial, and corporate law intersect.

Common Charges

Art. 191 CC — Misappropriation, embezzlement, or theft of property
Art. 212 CC — Tax evasion
Art. 364 CC — Abuse of power or official position
Art. 366 CC — Official forgery
Art. 368 CC — Receiving an unlawful benefit

Defense Specifics

Deep understanding of accounting and financial documentation required
Engagement of independent auditors and experts
Analysis of the chain of fund origins and documents
Testing the form of fault, objective conduct and every other required element of the particular offense

Strategic Steps

Comprehensive analysis of case materials and documents
Preparation of alternative expert conclusions
Challenging audit results and tax reviews
Recovery of seized assets
Reputation management and minimizing media pressure

Rule of law and case law

What the law provides

  • Criminal Code of Ukraine — ст. 191, 212, 364, 366, 368
  • Criminal Procedure Code of Ukraine — ст. 84–94

What follows from case law

In economic-crime cases, courts assess every element of the offense and the evidence as a whole. A financial document or audit finding alone does not replace proof of intent, conduct and causation.

Official sources

Verify in the Ukrainian Bar Registry

Frequently asked questions

What should be done first?

Comprehensive analysis of case materials and documents

Which laws govern this situation?

The key rules are contained in the official texts: Criminal Code of Ukraine — ст. 191, 212, 364, 366, 368; Criminal Procedure Code of Ukraine — ст. 84–94.

Is a Supreme Court conclusion itself a rule of law?

No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.

This material provides general information. Defense strategy depends on the circumstances of each case.

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