According to paragraph 17 of the current resolution of the Plenum of the APU N 10 dated 06.11.2009 " On judicial practice on crimes against property, according to article 190 of the CC ( 2341-14 ) fraud is the misappropriation of another's property or buying property by deception or abuse of trust.

In accordance with clause 17 of said Decree, the deception (the message to the victim of false information (e.g. that the cheater is committed to buy land, a car, an apartment for the victim's money, and that he is a successful businessman and owns real estate), or the concealment of certain circumstances (e.g. the fact that he has no property and he has no estate, though it claims), or breach of trust (abuse of the trust of the victim) when fraud used by the perpetrator to cause the victim confidence in the profitability (to buy anything cheaper on the market price). Obligatory sign of fraud is the voluntary transfer of the victims property (which may for example is confirmed by notary agreement) or the rights to it.

If deception or abuse of trust was the only way of obtaining access to property, and the seizure of the property took place secretly or openly, such actions should be qualified as theft, robbery (if a crook ran off with the money, it can be qualified as robbery and at the same time as the attempted fraud), or robbery (and at the same time as the attempted fraud).

Thus, criminal acts, also in the case of particularly large-scale damage may be regarded as a robbery committed in especially large sizes under part 5 of article 186 of the criminal code of Ukraine (punishable by deprivation of liberty for a term of eight to thirteen years with confiscation of property).

According to paragraph 18 of the said Resolution, obtaining property with a condition of performance of any obligation may be regarded as a fraud when the perpetrator at the time of taking possession of this property had a purpose, to assign, without performing the obligations (this is confirmed for example by the escape of the offender, the absence of a property to satisfy a foreclosure in a judicial civil procedure).

In particular, if a guilty person receives from another person any money or property alleged to transfer to another person, with the intention not to transfer them, and to assign the deed should be qualified as fraud.

How the fraudsters operate under the guise of civil-law relations.

Article 190 of the criminal code of Ukraine. The powers of the investigator, powers of attorney