Where abuse of official position ends and embezzlement begins — and why it matters
The difference between Part 2 of Article 191 and Article 364 of the Criminal Code may look technical at first glance. In practice, they carry different penalties, a different legal classification, and a different outcome for the case.
Oleksii Meniv, Partner at Shkrebets & Partners, and Sofiia Nechyporenko, attorney’s assistant, prepared an article on this subject for the international publication Ukrainian Law Firms. A Handbook for Foreign Clients — in the Criminal Process section.
It focuses on the Supreme Court’s approach to distinguishing these offences and on the key criteria that determine the legal assessment of an official’s actions. This is a question that regularly arises in real proceedings, and the right answer has practical consequences.
The article is published in English, for an audience that works with Ukrainian law from outside Ukraine.
The full version is available here.
