Publication date: 29.02.2024
Hello! My name is Kyrylo Tomakh, I am a practicing lawyer and co-founder of the law firm DKVA Legal Group. For over 3 years, I have been helping clients protect their rights, find solutions to complex legal situations, and successfully resolve disputes both pre-trial and in court.
Regulatory base: The unjustified acquisition of funds in Ukraine is regulated, in particular, by Article 1212 of the Civil Code of Ukraine. According to this article, if a person received property or funds from another person without a proper basis, such person is obliged to return the acquired property or pay the equivalent value.
a) Article 1212 of the Civil Code of Ukraine: According to this article, unjustified acquisition of funds or property is defined as the receipt by a person of funds or property from another person without a legal basis. This means that the absence of a legal basis for such an acquisition is considered a key aspect.
b) Requirement to return the property or pay the equivalent: According to the law, a person who has acquired funds or property without reason is obliged to return the acquired property or pay the equivalent of its value. This may refer to sums of money, property values or other assets.
c) Evidence of unjustified acquisition: In order to establish the fact of unjustified acquisition of funds or property, it is necessary to have sufficient evidence. This may include affidavits, documents, financial information and other evidence that proves there is no legal basis for such acquisition.
d) Legal consequences: Violation of the rules on unjustified acquisition of funds may lead to civil legal consequences, such as return of property or payment of the equivalent of its value. In addition, such actions may have criminal consequences, which are determined by the Criminal Code of Ukraine.
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Liability in civil and criminal proceedings: In civil proceedings, a person who illegally acquired funds can be a plaintiff in a case for the return of property or value. The court may decide that such a person must return the acquired property or pay the equivalent of its value.
a) Liability in a civil proceeding: In a civil proceeding, a person who unjustly acquired funds or property may be a plaintiff in a case for damages. The court may decide on the return of the acquired property or the payment of the equivalent of its value to the injured party.
b) Liability in criminal proceedings: Unreasonable acquisition of funds may be qualified as a criminal offence, in particular, as fraud or another form of property crime. According to the Criminal Code of Ukraine, such actions may be subject to fines, conditional or real imprisonment.
c) Principles of determining responsibility: The determination of responsibility for unjustified acquisition of funds in criminal proceedings is based on the principles of legality, objectivity and exclusivity. The court takes into account the circumstances of the case, evidence of guilt and the question of the presence of motivation for such actions.
d) Involvement of experts: In criminal proceedings, it may be necessary to involve experts, such as financial analysts or experts in the field of law, to establish the fact of unjustified acquisition of funds and to assess its consequences. Expert opinions can become important evidence in the case.
e) Preliminary measures: Before a case is settled in a civil or criminal proceeding, preliminary measures such as investigations, internal investigations or negotiations between the parties may be conducted. These measures may affect the resolution of the case or the terms of the settlement agreement.
In a criminal proceeding, the unjustified acquisition of funds may qualify as fraud or another criminal offense. Fines or imprisonment may be imposed for such actions.
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