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Publication date: 12.02.2025
Lawyer 3 of 2011, consultations, drawing up a lawsuit, representing interests and defending a client in court
After Leaving the Orphanage, a Young Man Discovered His Apartment Had Been Sold Without His Knowledge.
The Crime. Upon leaving the orphanage, a young man discovered that his apartment in the center of Mykolaiv had been sold without his knowledge. The crime was orchestrated by the orphanage director and a lawyer who acted in collusion.
Actions Taken by the Victim. To restore justice, the victim decided to file a lawsuit seeking compensation for damages. Additionally, he brought the situation into the public eye by attracting media and public attention.
Outcome. The court ruled in favor of the plaintiff, awarding him compensation for the illegal sale of his property. However, the compensation amount was lower than expected, but the plaintiff chose not to appeal.
How to Act in Case of Illegal Property Sale
If your apartment has been sold without your consent, it may be due to document forgery or real estate registry fraud. In such cases, it is crucial to act promptly by taking the following steps:
- Consult a lawyer specializing in real estate disputes and fraud.
- File a police report regarding fraudulent activities to initiate a criminal case.
- Challenge the transaction in court, demanding that the sale contract be declared invalid.
- Request information from the notary and registrar to determine the basis for the transaction.
- Check the ownership status in the State Register to identify illegal changes.
Legal Assistance in Real Estate Fraud Cases
Legal protection in such situations includes:
- Legal consultation – case analysis and action planning.
- Filing a police report – initiation of a criminal case (Articles 190, 358 of the Criminal Code of Ukraine).
- Court proceedings – filing a lawsuit to declare the transaction invalid.
- Appealing to registration authorities – cancellation of illegal registration actions.
- Court-imposed property restrictions – seizure of the apartment.
- Restoring property rights – correcting records in the registry.
- Court representation – protecting the victim's interests.
- Claiming compensation – return of the property or financial reimbursement.
Liability for Real Estate Fraud
Fraud (Article 190 of the Criminal Code of Ukraine)
- Up to 3 years of restricted freedom for a first offense.
- Up to 8 years for large-scale fraud.
- Up to 12 years for organized group crimes.
Document Forgery (Article 358 of the Criminal Code of Ukraine)
- Up to 2 years of restricted freedom.
- Up to 5 years for repeat offenses.
Abuse of Power (Articles 364, 365-2, 366 of the Criminal Code of Ukraine)
- Up to 8 years of imprisonment with a ban on holding office.
Illegal Appropriation of Property (Article 191 of the Criminal Code of Ukraine)
- Up to 12 years of imprisonment with asset confiscation.
What Should the Victim Do?
- Immediately contact the police and prosecutor's office.
- File a lawsuit to annul the illegal transaction.
- Block any further transactions involving the property.
- Seek assistance from a professional lawyer.
How to Protect Yourself from Real Estate Fraud
Regularly check the ownership status in the State Register.
Do not sign documents without thorough review and verification.
Be cautious when handling transactions through trusted representatives.
Monitor legal processes if you are abroad.
Make payments directly to the owner’s bank account via bank transfer, avoiding cash payments. Consider using escrow accounts for secure transactions.
Preventing real estate fraud is possible by following these recommendations. If a crime has already occurred, it is crucial to seek professional legal assistance immediately to protect your rights and restore justice.
