Publication date: 26.03.2025
She has been working as a lawyer since 2011. She has successful experience in criminal law cases, as well as in family and administrative law cases. She is guided by legislative norms in her work. However, she believes that the success of a case also depends on the client's persistence combined with faith in achieving the goal.
Input Data: The client is a citizen of Ukraine, residing in Poland. After being discharged from the orphanage, an individual discovered that their apartment in the center of Mykolaiv had been sold without their permission by the orphanage director in collusion with a lawyer.
Decision: A lawsuit was filed for compensation, and the case was also brought to television and the local press to gain public support.
Outcome: The plaintiff received compensation for the illegally alienated property.
Result: The plaintiff received less compensation than they could have but declined to appeal.
If an apartment was sold without the owner's knowledge, this could be the result of document forgery or fraudulent actions within the real estate registry. In such a situation, it is crucial to take immediate action:
- Urgently consult a lawyer specializing in real estate and fraud cases. They will help assess the situation and prepare legal steps.
- File a fraud report with the police to initiate criminal proceedings.
- Challenge the transaction in court if it was conducted illegally. The owner can demand the sale contract be declared invalid.
- Contact the notary and registrar to find out who processed the transaction and on what basis.
- Check the property ownership registration in the State Register of Property Rights to Real Estate.
Legal assistance in cases of real estate fraud may include:
- Legal consultation – analysis of the situation, risk assessment, and determination of further actions.
- Filing a police report – initiating criminal proceedings for fraud (Article 190 of the Criminal Code of Ukraine) or document forgery (Article 358 of the Criminal Code of Ukraine).
- Challenging an illegal transaction in court – preparing a lawsuit to declare the sale contract invalid.
- Filing statements with registration authorities – appealing to the Ministry of Justice of Ukraine to annul illegal registration actions.
- Obtaining a court order to prohibit property alienation – imposing a seizure on the apartment to prevent further fraudulent actions.
- Working with a notary or registrar – determining who committed the illegal actions and on what basis.
- Restoring property ownership rights – making corrections in the State Register after annulling the illegal transaction.
- Representing interests in court – protecting the owner in civil and criminal proceedings.
- Claiming compensation for damages – reclaiming the apartment and receiving compensation for material and moral damages.
Criminal liability for real estate fraud in Ukraine
Fraud (Article 190 of the Criminal Code of Ukraine)
Part 1 – Fraud committed for the first time is punishable by a fine (up to 3,400 UAH), community service, or up to 3 years of restricted freedom.
Part 2 – Fraud committed repeatedly or by a group of people carries a sentence of up to 3 years in prison.
Part 3 – Large-scale fraud (from 250 non-taxable minimum incomes, i.e., from 336,500 UAH) or involving real estate – 3 to 8 years of imprisonment.
Part 4 – Fraud on an especially large scale (from 841,250 UAH) or by an organized group – 5 to 12 years in prison with confiscation of property.
Forgery of Documents (Article 358 of the Criminal Code of Ukraine)
Forgery, use, or distribution of fake documents is punishable by a fine (up to 850 UAH), up to 6 months of arrest, or up to 2 years of restricted freedom.
If these actions are committed repeatedly or by an organized group – up to 5 years of imprisonment.
Abuse of Authority (Articles 364, 365-2, 366 of the Criminal Code of Ukraine)
If government registrars, notaries, or other officials are involved in the crime, they face up to 8 years in prison with a ban on holding certain positions.
Illegal Seizure of Real Estate (Article 191 of the Criminal Code of Ukraine)
If an individual unlawfully acquires someone else's property through abuse of trust or official position, the punishment can reach 12 years in prison with confiscation of property.
What should the victim do?
- Immediately file a report with the police and prosecutor's office.
- File a lawsuit to annul the illegal transaction.
- Block any further actions regarding the property (impose an arrest).
- Seek help from an experienced lawyer.
Tips for protecting yourself from real estate fraud:
Regularly check the registration of your ownership rights in the State Register of Property Rights to Real Estate.
Avoid signing transactions with representatives of owners acting under a power of attorney.
If planning a long trip abroad, periodically check for any legal proceedings against you and monitor mail at your registered address.
Fraudulent actions regarding real estate can be avoided by following the above recommendations. However, if a crime has already occurred, it is crucial to contact a professional lawyer as soon as possible.
