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Publication date: 13.05.2024
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Official negligence in Ukraine is a violation of official duties or negligent failure to perform them. She may be subject to criminal or disciplinary liability depending on the seriousness of the violation. Criminal responsibility is provided for in Article 367 of the Criminal Code of Ukraine and may result in a fine, arrest or imprisonment.
Official negligence includes non-performance or improper performance of duties by officials due to dishonesty towards them, which resulted in significant damage to the legally protected rights, freedoms and interests of individual citizens, state or public interests or interests of individual legal entities. This can have serious legal consequences for the officials concerned.
If the act of an official, which can be classified as official negligence, caused serious consequences, then according to the law it can be classified as a crime, and not just an administrative violation or a disciplinary offense.
For example, if the improper performance of their duties by officials resulted in serious damage to life, health or property of people, this may be classified as a crime. In this case, criminal sanctions may be applied in accordance with the Criminal Code of Ukraine.
Criminal liability can have more serious consequences, such as imprisonment, fines and other sanctions, compared to disciplinary or administrative measures that can be applied in other cases of official negligence. If the act provided for by the first part of Article 367 of the Criminal Code of Ukraine (on official negligence) caused the death of a person, it can have extremely serious consequences. According to the law, this can be classified as a crime, particularly in the case of murder or manslaughter.
If official misconduct resulted in the death of a person, the relevant articles of the Criminal Code of Ukraine may be applied, providing for responsibility for murder or negligent homicide, depending on the circumstances of the case.
Such situations are often treated with particular caution and can have serious legal consequences for the individuals concerned, including long-term imprisonment.
If an official is accused of committing actions that can be qualified as official negligence, he can seek legal assistance from a lawyer to protect his interests.
A lawyer can provide advice on the legal aspects of the case, represent the client's interests during the investigation and trial, and assist in the preparation of the defense and evidence. He can also assist in out-of-court dispute resolution or settlement, if appropriate for the client.
Given the serious consequences that can arise from malpractice cases, a competent and experienced attorney can be an important member of the team to protect the rights and interests of a person accused of such misconduct.
In the event that official negligence leads to a lawsuit, a lawyer can provide an effective defense in court.He will represent his client's interests before the court, including defense during the hearing of the case, examination of witnesses, preparation of evidence, presentation of arguments, etc.
Defense in court may include the following actions:
1. Preparation for the trial: the lawyer investigates the circumstances of the case, collects evidence, analyzes the law and previous court decisions to develop a defense strategy.
2. Presentation of evidence: the lawyer presents evidence in court that contributes to the protection of the interests of his client and refutes or doubts about the accusations.
3. Managing the process: the lawyer negotiates with the opposing party, offers agreements or other ways to resolve the case, and manages the strategy in court.
4. Presentation of arguments: in court, the lawyer presents arguments and arguments supporting his client's position, and also answers questions from the court and other parties.
Protection of rights and interests: The main goal of a lawyer is to protect the rights and interests of his client in court by providing an effective defense and helping to change the decision in favor of the client, if possible.
In each case, defense in court will be an individual case, adapted to the specific circumstances and needs of the client.
# Lawyer 367 UKU # Lawyer Official negligence # Official negligence # 367 UKU #
