Frequently, during concluding various deals in Ukraine you can face the numerous occasions when you will become a victim of such crime as fraud.
According to the position of the Supreme Court, which is set forth in the Resolution of October 18, 2022 in case № 688/784/21, in accordance with the provisions of Art. 190 of the Criminal Code of Ukraine, fraud is taking possession of property or acquiring the right to it by deceiving the victim or abusing his trust.
Deception (notifying the victim of false information or concealing certain circumstances) or abuse of trust (unfair use of the victim's trust) in fraud is used by the guilty person in order to make the victim feel confident in the benefit or obligation of transferring property or property rights to her. An obligatory sign of fraud is the voluntary transfer of property or the right to it to the victim.
At the same time, fraud is a crime with a material component, the mandatory feature of which is the occurrence of socially dangerous consequences in the form of damage caused as a result of taking possession of property or acquiring the right to it in an appropriate manner.
Thus, fraud is considered a completed crime if the perpetrator acquires the object of the crime exclusively by deception or breach of trust and then has a real opportunity to dispose of it as his own. This means that fraud involves the transfer of a certain object into the possession of the culprit, which allows him to actually carry out at least the original order. If the person who unlawfully took possession of the property did not have such a real opportunity, his actions should be considered, depending on the circumstances of the case, as a completed or unfinished attempt to commit fraud.
In order to minimize the risks of fraud, you have to conclude an agreement on legal aid with an advocate (an attorney) in Ukraine. This fact will help you to save your money and energy which may be possessed by the fraudulent actions of unscrupulous persons.
Please, also see the article Attorney in Kyiv Ukraine: call to get legal advice