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The elements of the criminal offence under Part 1 of Article 255-1 of the Criminal Code of Ukraine (establishing or disseminating criminal influence) are constituted by a person's actions aimed at intentionally establishing or disseminating criminal influence in society, rather than by the mere fact of a person's holding a particular status within the criminal milieu – the Criminal Cassation Court of the Supreme Court.
In these criminal proceedings, the courts of first instance and appeal found the defendant guilty and convicted him under Part 1 of Article 255-1 of the Criminal Code of Ukraine for establishing and disseminating criminal influence within the city of Kamianets-Podilskyi, Khmelnytskyi Region, with the purpose of maintaining thieves’ traditions, providing material support for criminal activities, coordinating criminal activity, and exercising control over the criminal activities of groups and individuals involved in committing criminal offences within the district. In the cassation appeal, defence counsel argued that the defendant's actions did not contain the elements of the criminal offence provided for in Part 1 of Article 255-1 of the Criminal Code of Ukraine, since the mere fact that a person holds a certain status and/or identifies with a particular community does not, in itself, constitute conduct in the criminal-law sense that would justify treating such status or affiliation as a criminal offence.
Upholding the decisions of the lower courts, the Supreme Court stated that the indicators of intentional establishment or dissemination of criminal influence in society are determined by courts according to the nature of the conduct committed and the objective circumstances surrounding its commission, based on the factual circumstances of the criminal offence established by the court and supported by proper and admissible evidence. A criminal offence is conduct committed by a subject of a criminal offence. Articles 255 and 255-1 of the Criminal Code of Ukraine establish liability specifically for such conduct; they do not refer to the mere fact of a person's holding a certain status but rather to the commission by that person of actions prescribed by law.
According to Article 255 of the Criminal Code of Ukraine, for the purposes of that article and Articles 255-1 and 255-3, criminal influence means any actions of a person who, by virtue of authority, other personal qualities, or capabilities, facilitates, encourages, coordinates, or otherwise influences criminal activity, or organizes or directly carries out the distribution of funds, property, or other assets (or income derived therefrom) intended to support such activity. The scope of criminal influence, within the meaning of Article 255-1, is defined by the actual sphere and extent of a person's actions that criminal law regards as criminally unlawful.
As follows from the case materials, the convicted person monitored compliance with rules of conduct based on the “thieves’ code” and “criminal traditions” and ensured their observance; maintained strict control over compliance with the rules and obligations established by him; collected and distributed funds, including those obtained through criminal means; ensured the replenishment of a mutual assistance fund within the criminal environment and the support of persons serving sentences in correctional institutions in the region and those held in pre-trial detention facilities; and resolved disputes arising among individuals in accordance with the unwritten “thieves’ laws”. Based on an analysis of these circumstances, the appellate court reasonably concluded that the convicted person had established and disseminated criminal influence in society and that his actions exhibited the elements of the criminal offence provided for in Part 1 of Article 255-1 of the Criminal Code of Ukraine.
Resolution of the Criminal Cassation Court of the Supreme Court of 2 April 2026 in Case No. 676/1013/23 (Proceeding No. 51-3938км25) – https://reyestr.court.gov.ua/Review/135515722.
This and other legal positions of the Supreme Court can be found in the Database of Legal Positions of the Supreme Court - https://lpd.court.gov.ua.
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