CRIMINAL
CODE OF
(This
Code enters into
force on September 1, 2001)
LEGISLATIONLINE
Notice : see in particular Special Part, Chapter
III, Article 149 and 150, along with Chapter XII, articles
302, 303
and 304. See also General Part, Chapter VI, particularly articles
28, 30,
33, 67 (2), (6), (9) and (10), Special Part, Chapters II, III, XII, XIV
(especially, articles 331 and 332 of the latter)
GENERAL
PART
Article
1. Objectives of the Criminal Code of
1. The
objective of the Criminal Code of Ukraine is to provide
legal protection of the rights and liberties of the
human being and citizen, property, public order and public safety, the
environment, and the constitutional order of
2. To
this aim, the Criminal Code defines which socially dangerous
acts or omissions count as offenses, and which punishments are to be
imposed
upon persons who commit them.
Article
2. Grounds for criminal liability
1.
Commission by a person of a socially dangerous act that has
such elements of crime as created by this Code gives grounds for
criminal
liability.
3. No
person may be prosecuted more than once for one and the same
offense.
Chapter
II. LAW ON
CRIMINAL LIABILITY
Article
3. Ukrainian legislation on criminal liability
1. The
Criminal Code of
2. The
Ukrainian laws on criminal liability, adopted after the
entry of this Code into force, shall be incorporated in this Code
following its
entry into force.
3. The
criminality of any act and also its punishability and other
criminal consequences shall be determined exclusively by this Code.
4.
Application of the law on criminal liability by analogy shall
be prohibited.
5. The
laws of
Article
4. Operation of the law on criminal liability in time
1. The
law on criminal liability shall enter into force ten days
after its official promulgation, unless otherwise is provided in the
law
itself, but not prior to the day of its publication.
2. The
criminality and punishability of an act shall be determined
by such law on criminal liability as was in effect at the time of
commission of
the act.
3. The
time of commission of a criminal offense shall be the time
in which a person committed an act or omission provided for by the law
on
criminal liability.
Article
5. Retroactive effect of the law on criminal liability in
time
1. The
law on criminal liability, which repeals the criminality of
an act or lenifies criminal liability, shall be retroactive in time,
that is it
shall apply to persons who had committed relevant acts before that law
entered
into force, including the persons serving their sentence or those who
have
completed their sentence but have a conviction.
2. The
law on criminal liability that criminalizes an act or
increases criminal liability shall not be retroactive in time.
3. The
law on criminal liability, which partially lenifies and
partially increases criminal liability, shall be retroactive in time
only in
the part which lenifies the liability.
Article
6. The operation of the law on criminal liability in
regard to offences committed on the territory of Ukraine
1. Any
person who has committed an offense on the
2. An
offense shall be deemed to have been committed on the
3. An
offense shall be deemed to have been committed on the
4. Where
a diplomatic agent of a foreign state or another citizen
who, under the laws of Ukraine or international treaties the consent to
the
binding effect of which has been granted by the Verkhovna Rada of
Ukraine, is
not criminally cognizable by a Ukrainian court commits an offense on
the
territory of Ukraine, the issue of his criminal liability shall be
settled
diplomatically.
Article
7. The operation of the law on criminal liability in
regard to offenses committed by citizens of Ukraine or stateless
persons
outside Ukraine
1.
Citizens of
2. Where
the persons referred to in the first paragraph of this
Article underwent criminal punishment for the committed criminal
offenses
outside
Article
8. The operation of the law on criminal liability in
regard to offenses committed by foreign nationals or stateless persons
outside
Ukraine
Foreign
nationals or stateless persons not residing permanently in
Ukraine, who have committed criminal offenses outside Ukraine, shall be
criminally liable in Ukraine under this Code in such cases as provided
for by
the international treaties, or if they have committed any of the
special grave
offenses against rights and freedoms of Ukrainian citizens or Ukraine
as
prescribed by this Code.
Article
9. Legal consequences of conviction outside Ukraine
2.
Pursuant to the first paragraph of this Article, the repetition
of criminal offenses, or a sentence not served, or any other legal
consequences
of a judgment passed by a foreign court shall be taken into account in
the
classification of any new criminal offense, determination of
punishment, in the
discharge from criminal liability or punishment.
Article
10. Extradition of a person accused of a criminal offense
and a person convicted of a criminal offense
1.
Citizens of
2.
Foreign nationals, who have committed criminal offenses on the
3.
Foreign nationals or stateless persons not residing permanently
in
Chapter
III. CRIMINAL
OFFENSE, ITS TYPES AND STAGES
Article
11. Notion of a criminal offense
2.
Although an act or omission may have, technically, any elements
of an act under this Code, it is not an offense if, due to its
insignificance,
it is not a social danger, i.e. it neither did nor could cause
considerable
harm to any natural or legal person, community, society or the state.
Article
12. Classification of criminal offenses
1.
Depending on the gravity, criminal offenses shall be classified
as minor offenses, medium grave offenses, grave offenses, or special
grave
offenses.
Article
13. Consummated and unconsummated criminal offenses
2. An
unconsummated criminal offense shall mean the preparation
for crime and criminal attempt.
Article
14. Preparation for crime
1. The
preparation for crime shall mean the looking out or
adapting means and tools, or looking for accomplices to, or conspiring
for, an
offense, removing of obstacles to an offense, or otherwise intended
conditioning of an offense.
2.
Preparation to commit a minor criminal offense does not give
rise to criminal liability.
Article
15. Criminal attempt
Article
16. Criminal liability for an unconsummated criminal
offense
The
criminal liability for the preparation for crime and a
criminal attempt shall rise under Article 14 or 15 and that article of
the
Special Part of this Code which prescribes liability for the
consummated crime.
Article
17. Voluntary renunciation in an unconsummated criminal
offense
1. The
voluntary renunciation shall mean the final discontinuation
of the preparation for crime or a criminal attempt by a person of
his/her own
will, where that person have realized that the criminal offense may be
consummated.
Chapter
IV. CRIMINALLY
LIABLE PERSON (CRIMINAL OFFENDER)
Article
18. Criminal offender
Article
19. Criminal sanity
Article
20. Partial insanity
2. The
partial insanity shall be consulted by the court in the
infliction of punishment and may warrant compulsory medical measures.
Article
21. Criminal liability for offenses committed in a state
of intoxication resulting from the use of alcohol, narcotics, or any
other
intoxicating substances
A person
who committed a criminal offense in a state of
intoxication resulting from the use of alcohol, narcotic, or any other
intoxicating substances shall be criminally liable.
Article
22. Age of criminal liability
1.
Persons who have reached the age of 16 years before the
commission of a criminal offense shall be criminally liable.
2.
Persons who have committed criminal offenses at the age of 14
to 16 years shall be criminally liable only for a murder (Articles
115?117),
attempted killing of a statesperson or public figure, a law enforcement
officer, a member of a civilian peace-keeping or border-guard unit, or
a
serviceman, judge, assessor or juror, in connection with their activity
related
to the administration of justice, a defense attorney or agent of any
person in
connection with their activity related to legal assistance, or a
foreign representative
(Articles 112, 348, 379, 400 and 443), intended grievous bodily injury
(Article
121, paragraph 3 of Articles 345, 346, 350, 377 and 398), intended
bodily
injury of medium gravity (Article 122, paragraph 2 of Articles 345,
346, 350,
377 and 398), sabotage (Article 113), gansterism (Article 257), act of
terrorism (Article 258), hostage taking (Articles 147 and 348), rape
(Article
152), violent unnatural satisfaction of sexual
desire
(Article 153), theft (sections 185, paragraph 1 of Articles 262 and
308),
robbery (Articles 186, 262 and 308), brigandage (Article 187, paragraph
3 of
Articles 262 and 308), extortion (Article 189, 262 and 308), willful
destruction or endamagement of property (paragraph 2 of Articles 194,
347, 352
and 378, paragraphs 2 and 3 of Article 399), endamagement of
communication
routes and means of transportation (Article 277), theft or seizure of
railroad
rolling stock, air-, sea- or river-craft (Article 278),
misappropriation of
transportation (paragraph 2 and 3 of Article 289), and hooliganism
(Article
296).
Chapter
V. GUILT AND
ITS FORMS
Article
23. Guilt
Guilt
shall mean a mental stance of a person in regard to the
performed act or omission under this Code and to the consequences
thereof, as
expressed in the form of intent or recklessness.
Article
24. Intent and its forms
1. An
intent may be direct or indirect.
2. The
intent is direct where a person was conscious of the
socially injurious nature of his/her act (action or omission),
anticipated its
socially injurious consequences, and wished them.
3. The
intent is indirect where a person was conscious of the
socially injurious nature of his/her act (action or omission), foresaw
its
socially injurious consequences, and anticipated, though did not wish
them.
Article
25. Recklessness and its types
1.
Recklessness subdivides into criminal presumption and criminal
negligence.
2.
Recklessness is held to be criminal presumption where a person
anticipated that his/her act (action or omission) may have socially
injurious
consequences but carelessly expected to avoid them.
3.
Recklessness is held to be criminal negligence where a person
did not anticipate that his/her act (action or omission) may have
socially
injurious consequences, although ought to and could anticipate them.
Chapter
VI. COMPLICITY
Article
26. The notion of complicity
Criminal
complicity is the willful co-participation of several
criminal offenders in an intended criminal offense.
Article
27. Types of accomplices
1.
Organizer, abettor and accessory, together with the principal
offender, are deemed to be accomplices in a criminal offense.
2. The
principal (or co-principal) is the person who, in
association with other criminal offenders, has committed a criminal
offense
under this Code, directly or through other persons, who cannot be
criminally
liable, in accordance with the law, for what they have committed.
3. The
organizer is a person who has organized a criminal offense
(or criminal offenses) or supervised its (their) preparation or
commission. The
organizer is also a person who has created an organized group or
criminal
organization, or supervised it, or financed it, or organized the
covering up of
the criminal activity of an organized group or criminal organization.
4. The
abettor is a person who has induced any other accomplice to
a criminal offense, by way of persuasion, subornation, threat, coercion
or
otherwise.
5. The
accessory is a person who has facilitated the commission of
a criminal offense by other accomplices, by way of advice, or
instructions, or
by supplying the means or tools, or removing obstacles, and also a
person who
promised in advance to conceal a criminal offender, tools or means,
traces of
crime or criminally obtained things, to buy or sell such things, or
otherwise
facilitate the covering up of a criminal offense.
6. The
concealment of a criminal offender, tools or means of a
criminal offense, traces of crime or criminally obtained things, or
buying or
selling such things shall not constitute complicity where they have not
been
promised in advance. Persons who have committed such acts shall be
criminally
liable only in cases prescribed by Articles 198 and 396 of this Code.
Article
28. Criminal offense committed by a group of persons, or a
group of persons upon prior conspiracy, or an organized group, or a
criminal
organization
Article
29. Criminal liability of accomplices
1. The
principal (or co-principals) shall be criminally liable
under that article of the Special Part of this Code which creates the
offense
he has committed.
2. The
organized, abettor and accessory shall be criminally liable
under the respective paragraph of Article 27 and that article (or
paragraph of
the article) of the Special Part of this Code which creates an offense
committed by the principal.
3. The
features of character of a specific accomplice shall be
criminated only upon such accomplice. Other circumstances that
aggravate
responsibility and are provided for by articles of the Special Part of
this
Code as the elements of a crime that affect the treatment of the
principal?s
actions, shall be criminated only upon the accomplice who was conscious
of such
circumstances.
4. Where
the principal commits an unconsummated criminal offense,
other accomplices shall be criminally liable for complicity in an
unconsummated
crime.
5.
Accessories shall not be criminally liable for the act
committed by the principal, where that act was no part of their intent.
Article
30. Criminal liability of organizers and members of an
organized group or criminal organization
1. An
organizer of an organized group or criminal organization
shall be criminally liable for all the criminal offenses committed by
the
organized group or criminal organization, if those offenses were part
of his
intent.
2. Other
members of an organized group or criminal organization
shall be criminally liable for the criminal offenses prepared or
committed with
their participation, regardless of the role each of them had in such
offenses.
Article
31. Voluntary renunciation of accomplices
2. An
organizer, abettor or accessory shall not be criminally
liable in event of their voluntary renunciation, where they averted the
offense
or timely reported the preparation or commission of the offense to
appropriate
public authorities. The accessory?s failure to supply the means and
tools or
remove obstacles for the offense shall also be regarded as his
voluntary
renunciation.
Chapter
VII.
REPETITION, CUMULATION OF CRIMINAL OFFENSES AND RECIDIVISM
Article
32. Repetition of criminal offenses
1.
Repetition of criminal offenses is the commission of two or
more offenses, prescribed by the same article or the same paragraph of
an
article of the Special Part of this Code.
2.
Repetition prescribed by paragraph 1 of this Article shall not be
present in commission of a continuing offense comprised of two or more
similar
acts connected by one criminal intent.
3.
Committing two or more criminal offenses created by different
articles of this Code shall be recognized as repetition only in cases
prescribed
in the Special Part of this Code.
4. There
shall be no repetition if a person was discharged from
criminal liability for the previously committed criminal offense on
grounds
provided for in the law or where the criminal record for that criminal
offense
was canceled or revoked.
Article
33. Cumulation of criminal offenses
1. The
cumulation of criminal offenses shall mean the commission,
by one person, of two or more offenses created by different articles or
different paragraphs of the one article of the Special Part of this
Code, where
that person has not been convicted of any of these offenses. The
offenses with
regard to which the person was discharged from criminal liability on
grounds
prescribed by the law shall not be taken into account.
Article
34. Recidivism
Recidivism
shall mean the commission of a new intended criminal
offense by a person who has a criminal record for another offense.
Article
35. Legal consequences of repetition, cumulation and
recidivism
Repetition,
cumulation or recidivism shall be taken into account
in the classification of criminal offenses and infliction of
punishment, and
also in contemplating discharging from criminal liability and
punishment in
cases provided in this Code.
Chapter
VIII.
CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT
Article
36. Necessary defense
1. The
necessary defense shall mean actions taken to defend the
legally protected rights and interests of the defending person or
another
person, and also public interests and interests of the state, against a
socially dangerous trespass, by inflicting such harm upon the
trespasser as is
necessary and sufficient in a given situation to immediately avert or
stop the
trespass, provided the limits of the necessary defense are not exceeded.
2. Every
person shall have the right to necessary defense
notwithstanding any possibility to avoid a socially dangerous trespass
or
request assistance of other persons or authorities.
3. The
excess of necessary defense shall mean an intended causing
of a grievous harm to the trespasser, which is not adequate to the
danger of
the trespass or circumstances of the defense. The excess of necessary
defense
shall entail criminal liability only in cases specifically prescribed
in
Articles 118 and 124 of this Code.
5. The
use of weapons or other means or things for protection
against an attack of an armed person or an attack of a group of
persons, and
also to avert an unlawful violent intrusion upon a dwelling place or
other
premises, shall not be treated as the excess of necessary defense and
shall not
entail criminal liability irrespective of the gravity of harm caused to
the
trespasser.
Article
37. Misread Defense
1. The
misread defense shall mean actions resulting in a harm
caused in the absence of any real socially dangerous trespass where the
person,
who misinterpreted actions of the victim?s, only mistakenly presumed
the
reality of such trespass.
2. The
misread defense shall exclude any criminal liability for
the harm caused only if the circumstances involved furnished reasonable
grounds
for the person to believe that there was a real trespass and that
person was
not and could not be aware that his/her presumption was mistaken.
3. Where
a person was not and could not be aware that his/her
presumption was mistaken, but acted in excess of defense justifiable
under the
circumstances of a real trespass, that person shall be criminally
liable for
the excess of necessary defense.
4. Where
a person, under the circumstances, was not aware of, but
ought to realize the absence of a real socially dangerous trespass,
that person
shall be criminally liable for the harm caused by recklessness.
Article
38. Apprehension of an offender
1. Any
actions of the victim or other persons immediately
following a trespass and aimed at the apprehending of the offender and
bringing
him or her to appropriate public authorities and were not in excess of
what was
necessary for such apprehension, is not held to be criminal.
2. Any
willful infliction, upon an offender, of grievous harm
clearly disproportionate to the danger of the trespass or circumstances
involved in the apprehension of the offender, is held to be in excess
of
measures necessary for the apprehension. The excess of measures
necessary for
the apprehension of an offender shall entail criminal liability only in
cases
specifically provided for in Articles 118 and 124 of this Code.
Article
39. Extreme necessity
1.
Infliction of harm to legally protected interests in
circumstances of extreme necessity, that is to prevent an imminent
danger to a
person or legally protected rights of that person or other persons, and
also
public interests or interests of the state, shall not be a criminal
offense,
where the danger could not be prevented by other means and where the
limits of
extreme necessity were not exceeded.
2. Any
willful infliction of harm upon any legally protected
interests, where such harm is larger than the harm thus prevented, is
held to
be in excess of extreme necessity.
Article
40. Physical or mental coercion
2. The
decision on a person?s criminal liability for causing harm
to legally protected interests, shall be made pursuant to provisions of
Article
39 of this Code, where that person was subject to physical coercion,
under
which he/she was able to control his/her actions, and also subject to
mental
coercion.
Article
41. Obeying an order or command
2. An
order or command is held to be lawful where it is duly
issued by an appropriate person acting within his/her commission and,
in its
substance, is not contrary to applicable laws and does not breach the
constitutional rights and freedoms of the human being and citizen.
5. Where
a person was not and could not be aware of the criminal
nature of an order or command, the criminal liability for the act
committed in
pursuance of such order or command shall arise only with respect to the
person
who gave the criminal order or command.
Article
42. An act involving risk
1. No
act (action or omission) in prejudice of legally protected
interests shall be held to be a criminal offense where it was committed
in
circumstances of justified risk to achieve a significant purpose
valuable to
the community.
Article
43. Undertaking a special mission to prevent or uncover
criminal activities of an organized group or criminal organization
2. Any
such person as described in the first paragraph of this
article shall be criminally liable only for committing, as part of an
organized
group or criminal organization, a special grave criminal offense which
was
willful and involved violence with respect to the victim, or a grievous
crime,
which was willful and involved grievous bodily injury to the victim or
other
serious or particularly serious consequences.
Chapter
IX. DISCHARGE
FROM CRIMINAL LIABILITY
Article
44. Legal grounds and procedure for discharge from
criminal liability
2. The
discharge from criminal liability in cases prescribed by
this Code shall be exercised exclusively by court. The procedure of
discharge
from criminal liability in shall be established by law.
Article
45. Discharge from criminal liability in view of effective
repentance
A person
who has committed a minor criminal offense for the first
time shall be discharged from criminal liability if, upon committing
that
offense, he/she sincerely repented, actively facilitates the detection
of the
offense, and fully compensates the losses or repairs the damage
inflicted.
Article
46. Discharge from criminal liability in view of
reconciliation of the offender and the victim
A person
who has committed a minor criminal offense for the first
time shall be exempt from criminal liability if he/she reconciled with
the
victim and compensated the losses or repaired the damage inflicted.
Article
47. Discharge from criminal liability in view of admission
by bail
2. If
conditions of the admission by bail are not satisfied, the
person shall be subject to criminal liability for the offense committed.
Article
48. Discharge from criminal liability due to a change of
situation
A person
who has committed a minor criminal offense or an offense
of medium gravity for the first time may be discharged from criminal
liability
if it is found that at the time of investigation or trial, due to a
change of
situation, the act committed by that person has lost its socially
dangerous
nature or that person has ceased to be dangerous to the public.
Article
49. Discharge from criminal liability due to limitation
period
(1) two
years where a minor offense has been committed and the
prescribed punishment is less severe than the restraint of liberty;
(2)
three years where a minor offense has been committed and the
prescribed punishment is the restraint of liberty or imprisonment;
(3)
seven years where an offense of medium gravity has been
committed;
(4)
fifteen years where a grave offense has been committed;
(5)
twenty years where a special grave offense has been committed.
2. The
statute of limitations shall be saved where a person who
committed a criminal offense evaded investigation or trial. In such
cases the
running of the statute of limitations is resumed as of the date of the
person?s
surrender or apprehension. In this case the person shall be discharged
from
liability if twenty years elapsed after the commission of the offense.
3. The
statute of limitation shall be forfeited where a person,
before the terms specified in paragraphs (1) and (2) of this Article
have
expired, commits another medium grave, grave or special grave offense.
In this
case a limitation period starts on the date on which such new crime is
committed. Each offense gives rise to its own period of limitation.
4. Where
a person has committed a special grave offense punishable
by life imprisonment, the issue of limitation shall be decided by a
court.
Where a court rules out the possibility to apply a period of
limitation, a
sentence of life may not be imposed and is commuted to an imprisonment
for a
determinate term.
5. The
statute of limitation shall not apply where any crime
against the peace and humanity, as provided for in Articles 437 through
439,
and paragraph 1 of Article 442 of this Code.
Chapter
X. PUNISHMENT
AND ITS TYPES
Article
50. The definition of punishment and its purpose
1. The
punishment is a coercive measure imposed in a judgment of
court on behalf of the State upon a person found guilty of a criminal
offense
and consists in restraint of the sentenced person?s rights and freedoms
secured
by law.
2. The
punishment is aimed not only at penalizing but also
reformation of sentenced persons and prevention of further offenses by
both the
sentenced and other persons.
3. The
punishment is not meant to cause physical sufferings or
humiliate human dignity.
Article
51. Types of punishment
1. The
following types of punishment may be imposed by a court on
persons convicted of criminal offenses:
(1) fine;
(2)
revocation of a military or special title, rank, grade or
qualification class;
(3)
deprivation of the right to occupy certain positions or engage
in certain activities;
(4)
community service
(5)
correctional labor;
(6)
service restrictions for military servants;
(7)
forfeiture of property;
(8)
arrest;
(9)
restraint of liberty;
(10)
custody of military servants in a penal battalion;
(11)
imprisonment for a determinate term;
(12)
life imprisonment.
Article
52. Primary and additional punishments
1.
Primary punishments are community service, correctional labor,
service restrictions for military servants, arrest, restraint of
liberty,
custody of military servants in a penal battalion, imprisonment for a
determinate term, and life imprisonment.
2.
Additional punishments are revocation of a military or special
title, rank, grade or qualification class, and forfeiture of property.
3. Fine,
revocation of the right to occupy certain positions or
engage in certain activities may be imposed as either primary or
additional
punishments.
4. Only
one primary punishment, as defined in a sanction of an
article in the Special Part of this Code, may be imposed for one
criminal
offense. The primary punishment may be accompanied by one or several
additional
punishments in cases and manner prescribed by this Code.
5.
Evading the punishment imposed in a judgment of court entails
liability pursuant to Articles 389 and 390 of this Code.
Article
53. Fine
1. The
fine is a pecuniary penalty imposed by a court in cases and
within limits provided for in the Special Part of this Code.
2. The
amount of a fine shall be determined by a court depending
on the gravity of the offense committed and the property status of the
guilty
person but within the limits of four to one thousand tax-free minimum
individual income, unless a larger amount of a fine is prescribed by
articles
of the Special Part of this Code.
4. Where
a fine cannot be paid, a court may replace the
outstanding amount of a fine by community service calculated as ten
hours of
community service for each tax-free minimum individual income
established by
law, or by correctional labor calculated as one month of correctional
labor for
four tax-free minimum incomes established by law, but for a period not
exceeding two years.
Article
54. Revocation of a military or special title, rank, grade
or qualification class
A
person, who has a military or special title, rank, grade or
qualification class and was convicted of a grave or special grave
offense, may
be subject to revocation of his/her military or special title, rank,
grade or
qualification class by a judgment of court.
Article
55. Deprivation of the right to occupy certain positions
or engage in certain activities
1.
Deprivation of the right to occupy certain positions or engage
in certain activities may be imposed as primary punishment for a term
of two to
five years or as additional punishment for a term of one to three years.
2.
Deprivation of the right to occupy certain positions or engage
in certain activities as additional punishment may also be imposed
without
reference to a sanction of an article in the Special Part of this Code,
if a
court, having regard to the nature of the offense committed by a person
in
office or in connection with a certain activity, the character of the
person
convicted, and other circumstances of the case, decides that such
person should
be deprived of the right to occupy certain positions or engage in
certain
activities.
3. Where
deprivation of the right to occupy certain positions or
engage in certain activities is imposed as additional punishment
together with
the arrest, restraint of liberty, custody of military servants in a
penal
battalion, or imprisonment for a determinate term, it shall extend
through all
the term of the primary punishment, and also for a term specified in a
judgment
of court that came into effect. For this purpose, the term of
additional
punishment is calculated from the moment of completion of the primary
punishment; and ? for the purpose of punishment imposed in the form of
deprivation of the right to occupy certain positions or engage in
certain
activities as additional to other primary punishments, and also for the
purpose
of Article 77 of this Code ? is calculated from the moment that the
judgment
comes into effect.
Article
56. Community service
1.
Community service consists in performance, by a convicted
person during hours free from work or studies, of unpaid work valuable
to the
community, as determined by the local government authorities.
2. The
term of community service imposed may be from 60 to 240
hours and its duration in any single day may not be longer than 4 hours.
4.
Community service may not be imposed upon persons who have been
certified to have a first or a second degree disability, pregnant
women,
persons of retirement age, and military servants in active service.
Article
57. Correctional labor
1. The
punishment of correctional labor shall be imposed for a
term of six months to two years and is to be served by the convicted
person at
the place of his/her employment. A certain amount of money shall be
deducted
from the convicted person?s salary in favor of the State, ranging from
10 to 20
percent as determined in the judgment of court.
2.
Correctional labor shall not be imposed upon pregnant women,
women on maternity leave, disabled persons, persons under 16 years of
age,
persons of retirement age, military servants, law enforcement officers,
notaries, judges, prosecutors, defense attorneys, civil servants, and
local
government officials.
Article
58. Service restrictions for military servants
1. The
punishment of service restriction shall be imposed on
convicted military servants, other than those in active service, for a
term of
six months to two years in cases provided for in this Code, and also if
a
court, having regard to the circumstances of the case and the character
of the
person convicted, finds it possible to substitute the restriction of
liberty or
imprisonment for a term not exceeding two years by a service
restriction for
the same term.
Article
59. Forfeiture of property
1. The
punishment of forfeiture consists in forceful seizure of
all, or a part of, property of a convicted person without compensation
in favor
of the State. Where a part of property is to be forfeited, a court
shall
specify which part is to be forfeited or name the things to be
forfeited.
2.
Forfeiture of property shall be imposed for grave and special
grave offenses and shall only be applied in cases specifically provided
for in
the Special Part of this Code.
3. The
list of property exempt from forfeiture shall be determined
by the law of Ukraine.
Article
60. Arrest
1. The
punishment of arrest consists in holding a convicted person
in custody and shall be imposed for a term of one to six months.
3.
Arrest shall not be imposed on persons under 16 years of age,
pregnant women and women having children under 8 years of age.
Article
61. Restraint of liberty
1. The
punishment of restraint of liberty consists in holding a
person in an open penitentiary institution without isolation from the
society
but under supervision and with compulsory engagement of the convicted
person in
work.
2.
Restraint of liberty shall be imposed for a term of one to five
years.
3.
Restraint of liberty shall not be imposed on minors, pregnant
women and women having children under 14 years of age, persons of
retirement
age, military servants in active service, and persons with the first or
second
degree disability.
Article
62. Custody of military servants in a penal battalion
1. The
punishment of custody in a penal battalion shall be imposed
on military servants in active service for a term of six months to two
years in
cases provided for in this Code, and also where a court, having regard
to the
circumstances of the crime and the character of the convicted person,
finds it
possible to substitute an imprisonment for a term not exceeding two
years by a
custody in a penal battalion for the same term.
2.
Custody of military servants in a penal battalion shall not be
applied to substitute imprisonment for the persons who previously
served a
sentence of imprisonment.
Article
63. Imprisonment for a determinate term
1. The
punishment of imprisonment consists in confinement of a
convicted person and placing him or her in a penitentiary institution
for a
determinate period of time.
2.
Imprisonment shall be imposed for a term of one to fifteen
years.
Article
64. Life imprisonment
1. The
punishment of life imprisonment is imposed for special
grave offenses and shall apply only in cases specifically provided for
by this
Code, where a court does not find it possible to impose imprisonment
for a
determinate term.
2. Life
imprisonment shall not be imposed on persons who committed
offenses under 18 years of age and to persons over 65 years of age, and
women
who were pregnant at the time of offense or at the time of sentencing.
Chapter
XI. IMPOSITION
OF PUNISHMENT
Article
65. General principles of imposition of punishment
(1)
within the limits prescribed by a sanction of that article of
the Special Part of this Code, which creates liability for the
committed
criminal offense;
(2)
pursuant to provisions of the General Part of this Code;
(3)
having regard to the degree of gravity of the committed
offense, character of the guilty person, method and motives of the
committed
offense, nature and extend of damages, and circumstances mitigating or
aggravating the punishment.
2. The
punishment imposed on an offender should be adequate and
sufficient to reform the offender and prevent new offenses.
3. The
grounds for imposing a punishment milder than the one
prescribed for a committed offense in a relevant article of the Special
Part of
this Code, are specified in Article 69 of this Code.
Article
66. Circumstances mitigating punishment
1. For
the purposes of imposing a punishment, the following
circumstances shall be deemed to be mitigating:
(1)
surrender, sincere repentance or actively assistance in
detecting the offense;
(2)
voluntary compensation of losses or repairing of damages;
(3) the
commission of an offense by a minor;
(4) the
commission of an offense by a pregnant woman;
(5) the
commission of an offense in consequence of a train of
adverse personal, family or other circumstances;
(6) the
commission of an offense under influence of threats,
coercion or financial, official or other dependence;
(7) the
commission of an offense under influence of strong
excitement raised by improper or immoral actions of the victim;
(8) the
commission of an offense in excess of necessary defense;
(9)
undertaking a special mission to prevent or uncover criminal
activities of an organized group or criminal organization, where this
has
involved committing an offense in any such case as provided for by this
Code;
2. When
imposing a punishment, a court may find circumstances,
other than those specified in paragraph 1 of this Article, to be
mitigating.
3. If
any of the mitigating circumstances is specified in an
article of the Special Part of this Code as an element of an offense,
that
affects its treatment, a court shall not take it into consideration
again as a
mitigating circumstance when imposing a punishment.
Article
67. Circumstances aggravating punishment
1. For
the purposes of imposing a punishment, the following
circumstances shall be deemed to be aggravating:
(1)
repetition of an offense or recidivism;
(2) the
commission of an offense by a group of persons upon prior
conspiracy (paragraph 2 or 3 of Article 28);
(3) the
commission of an offense based on racial, national or
religious enmity and hostility;
(4) the
commission of an offense in connection with the discharge
of official or public duty by the victim;
(5)
grave consequences caused by the offense;
(6) the
commission of an offense against a minor, an elderly or
helpless person;
(7) the
commission of an offense against a woman who, to the
knowledge of the culprit, was pregnant;
(8) the
commission of an offense against a person who was in a
financial, official or other dependence on the culprit;
(9) the
commission of an offense through the use of a minor, a
person of unsound mind or mentally defective person;
(10) the
commission of an especially violent offense;
(11) the
commission of an offense by taking advantage of a martial
law or a state of emergency or other extraordinary events;
(12) the
commission of an offense by a generally dangerous method;
(13) the
commission of an offense by a person in a state of
intoxication resulting from the use of alcohol, narcotic, or any other
intoxicating substances;
2.
Depending on the nature of an offense committed, a court may
find any of the circumstances specified in paragraph 1 of this Article,
other
than those defined in subparagraphs (2), (6), (7), (9), (10), and (12),
not to
be aggravating, and should provide the reasons for this decision in its
judgment.
3. When
imposing a punishment, a court may not find any
circumstances, other than those defined in paragraph 1 of this Article,
to be
aggravating.
4. If
any of the aggravating circumstances is specified in an
article of the Special Part of this Code as an element of an offense,
that
affects its treatment, a court shall not take it into consideration
again as an
aggravating circumstance when imposing a punishment.
Article
68. Imposition of punishment for unconsummated criminal
offense and offense committed in complicity
1. For
the purposes of imposition of punishment for an
unconsummated criminal offense, a court, while being guided by Articles
65?67
of this Code, shall consider the degree of gravity of a person?s act,
the degree
of consummation of the criminal intent, and the reasons for which the
offense
was not consummated.
2. For
the purposes of imposition of punishment upon accomplices
in a criminal offense, a court, while being guided by Articles 65?67 of
this
Code, shall take into account the nature and the degree of each
person?s
participation in the criminal offense.
Article
69. Imposition of a punishment milder than prescribed by
the law
2. Based
on the grounds specified in paragraph 1 of this Article,
a court may decide not to impose an additional punishment, which is
defined as
a mandatory punishment by a sanction of an article in the Special Part
of this
Code.
Article
70. Imposition of punishment for cumulative criminal
offenses
Article
71. Imposition of punishment by cumulating sentences
1. Where
a convicted person commits a new crime after the sentence
was passed but before the full term has been served, a court shall,
fully or
partially supplement the new sentence with the unexpired term of the
previous
sentence.
3. Any
additional punishment imposed at least in one of the
sentences or an unserved term of any additional punishment under a
previous
sentence shall be added to the final primary punishment imposed through
cumulation of sentences.
4 The
final punishment imposed through cumulation of sentences
shall be longer than the punishment imposed for any new criminal
offense and
also the unserved term of any previous sentence.
5. Where
a convicted person commits two or more criminal offenses
after the sentence was passed but before the full term has been served,
a court
shall impose punishments for these new offenses under rules set out in
Article
70 of this Code, and then fully or partially add the unexpired term of
the
previous sentence to the final punishment determined by way of
cumulation of
sentences within the limits prescribed in paragraph 2 of this Article.
Article
72. Rules of adding up punishments and merging previous
terms
(1) one
day of imprisonment equals to:
(a) one
day of custody in a penal battalion
for military servants, or one day of arrest;
(b) two
days of restraint of liberty;
(c)
three days of service restriction for
military servants, or three days of correctional labor;
(d)
eight hours of community service;
(2) one
day of custody in a penal battalion for military servants,
or one day of arrest custody equals to:
(a) two
days of restraint of liberty;
(b)
three days of service restriction for
military servants, or three days of correctional labor;
(3) one
day of restraint of liberty equals to three days of
service restriction for military servants, or three days of
correctional labor.
(4) one
day of restraint of liberty of arrest equals to eight
hours of community service.
3.
Primary punishments of a fine, or deprivation of the right to
occupy certain positions or engage in certain activities, when imposed
as
aggregate sentences for an aggregate of crimes, do not merge and shall
be
served separately.
4.
Additional punishments of various types shall always be served
separately.
Article
73. Calculation of terms of punishment
The
terms of punishment shall be calculated in years, months and
hours. In case of substituting, adding up or merging of pretrial
detention, the
terms of punishment may be calculated in days.
Chapter
XII. DISCHARGE
FROM PUNISHMENT AND FROM SERVING IT
Article
74. Discharge from punishment and from serving it
1.
Discharge of a convicted person from punishment or from further
serving of punishment, substitution of an imposed punishment by a
milder
punishment or mitigation of punishment, except for discharge from
punishment or
mitigation of punishment on the grounds of the Law of Ukraine on
Amnesty or an
act of pardon, may only be exercised by court in cases prescribed by
this Code.
Article
75. Discharge on probation
1.
Where, in imposing a punishment of correctional labor, service
restriction for military servants, restraint of liberty, or
imprisonment for a
term not exceeding five years, a court, having regard to the gravity of
an
offense, the character of the culprit and other circumstances of the
crime,
finds that the convicted may be reformed without serving the
punishment, it may
order a discharge on probation.
Article
76. Obligations imposed on a person discharged on
probation
(1)
apologize to a victim publicly or in any
other way;
(2) not
leave outside Ukraine for permanent
residence without a permission of criminal enforcement authorities;
(3)
notify criminal enforcement authorities of
any change in the place of residence, employment or studies;
(4)
regularly register with criminal
enforcement authorities;
(5)
undergo medical treatment for alcoholism,
drug addiction, or any disease which poses threat to health of other
persons.
2. The
conduct of such convicted person shall be monitored by
penal enforcement authorities at the place of his/her residence, and
the conduct
of military servants shall be monitored by commanders of military units.
Article
77. Imposition of additional punishments in case of
discharge from primary punishment on probation
In case
of discharge on probation, additional punishments may be
imposed, such as fine, deprivation of the right to occupy certain
positions or
engage in certain activities, and revocation of a military or special
title,
rank, grade or qualification class.
Article
78. Legal consequences of discharge on probation
1. Upon
the expiry of a probation period, a convicted person, who
complied with obligations imposed on him or her by a court and
committed no
further criminal offenses shall be discharged from the punishment
imposed on
him or her by a court.
2. If a
convicted person fails to comply with obligations imposed
on him or her, or regularly commits offenses that entail administrative
penalties and demonstrate his/her unwillingness to reform, a court
shall send
the convicted person to serve the imposed sentence.
3. If a
convicted person commits another crime while on probation,
a court shall impose a punishment on him or her pursuant to Articles 71
and 72
of this Code.
Article
79. Discharge on probation for pregnant women and women
having children under seven years of age
1. Where
a restraint of liberty or imprisonment is imposed upon
pregnant women or a women having children under seven years of age,
except for
the persons sentenced to imprisonment for a term over five years for
grave or
special grave offenses, a court may discharge such persons from both
primary
and additional punishments on probation for a period of leave granted
by law to
women in view of pregnancy, childbirth and until the child attains
seven years
of age.
2. Where
pregnant women or women having children under 7 years of
age are discharged on probation, a court may impose upon a convicted
woman any
such obligation as provided for by Article 76 of this Code.
3. The
conduct of the convicted persons shall be monitored by
criminal enforcement authorities.
4. Upon
the expiry of a probation period, depending on the conduct
of the convicted woman, a court shall discharge her from punishment or
send her
to serve the imposed sentence.
5. Where
a convict discharged on probation relinquishes her child,
resigns the child to a children?s home, neglects her duty to take care
of the
child, fails not comply with the obligations imposed upon her by a
court or
regularly commits offenses that entail administrative penalties and
demonstrate
her unwillingness to reform, a court, on a motion of the monitoring
authority,
shall refer such convicted woman to serve her sentence imposed by a
court.
6. Where
a convicted woman commits another offense while on
probation, a court shall impose a punishment on her pursuant to
Articles 71 and
72 of this Code.
Article
80. Discharge from serving a sentence due to expiry of
limitation periods for enforcement of judgment
(1) two
years for a sentence lesser than the
restraint of liberty;
(2)
three years for a sentence of restraint of
liberty or imprisonment imposed for a minor offense;
(3) five
years for a sentence of imprisonment
imposed for a medium grave offense and also a sentence of imprisonment
for a
term up to five years imposed for a grave offense;
(4) ten
years for a sentence of imprisonment
for a term over five years imposed for a grave offense, and also a
sentence of
imprisonment for a term up to ten years imposed for a special grave
offense;
(5)
fifteen years for a sentence of
imprisonment for a term over ten years imposed for a special grave
offense.
2.
Periods of limitations for additional punishments shall depend
on the primary punishment imposed in a judgment of court.
3.
Limitation periods shall be suspended if a convicted person
avoids serving his/her sentence. In such cases, limitation periods
shall resume
on the date the convicted person appeared to continue to serve his/her
sentence
or on the day of his/her apprehension. In this case, the limitation
periods
provided for in subparagraphs (1) to (3) of paragraph 1 of this Article
shall
be doubled.
4.
Limitation periods shall be suspended, if, prior to the expiry
of periods provided for in paragraphs 1 to 3 of this Article, a
convicted
person commits another medium grave offense, grave offense or special
grave
offense. In this case, the limitation period shall begin on the date of
the new
criminal offense controls for the commencement of a limitation period.
6. No
limitation periods shall apply where a person was convicted
for criminal offenses against peace and security of mankind as provided
for by
Articles 437 to 439 and 442 of this Code.
Article
81. Parole
1.
Parole may be applied to persons who serve their sentences of
correctional labor, or service restrictions for military servants, or
restraint
of liberty, or custody of military servants in a penal battalion, or
imprisonment. A person may also be fully or partially paroled from
serving
his/her additional punishment.
2.
Parole may be applied, if a sentenced person displays decent
behavior and diligence in work as a proof of his/her reformation.
3.
Parole may be applied after a sentenced person has actually
served:
(1) not
less than one-half of the term imposed
by a court for a minor or medium grave offense, and also for a reckless
grave
offense;
(2) not
less than two-thirds of the term
imposed by a court for an intended grave offense or reckless special
grave
offense, and also where that person had previously served a sentence of
imprisonment imposed for an intended offense but committed another
intended
offense before the conviction was canceled or revoked and had been
sentenced
for that offense to imprisonment;
(3) not
less than three quarters of the term
imposed by a court for an intended special grave offense, or of the
term
imposed on a person who had been previously paroled but committed
another
intended offense during the remaining part of the sentence;
4. Where
a paroled person commits another offense during the
remaining part of the sentence, a court shall impose a punishment under
the
rules provided for by Articles 71 and 72 of this Code.
Article
82. Commutation of the remaining part of a sentence
2. Where
the remaining part of a primary sentence is commuted, the
sentenced person may also be discharged from the additional punishment
of
deprivation of the right to occupy certain positions or engage in
certain
activities.
3.
Commutation of the remaining part of a sentence may be applied
if the sentenced person displays signs of rehabilitation.
4. The
remaining part of a sentence may be commuted after a
sentenced person has actually served:
(1) not
less than one-third of the term
imposed by a court for a minor or medium grave offense, and also for a
reckless
grave offense;
(2) not
less than one-half of the term imposed
by a court for an intended grave offense or reckless special grave
offense, and
also where that person had previously served a sentence of imprisonment
imposed
for an intended offense but committed another intended offense before
the
criminal record was canceled or revoked and had been sentenced for that
offense
to imprisonment;
(3) not
less than two-thirds of the term
imposed by a court for an intended special grave offense, or of the
term
imposed on a person who had been previously paroled but committed
another
intended offense before the expiry of the remaining part of his/her
sentence;
5.
Persons, whose sentence was commuted, may be paroled under
rules provided for by Article 81 of this Code.
6. If a
person commits another offense while serving a commuted
sentence, a court shall add the remaining part of the commuted sentence
to the
punishment imposed for any new offense according to the rules provided
by
Articles 71 and 72 of this Code.
Article
83. Discharge from punishment for pregnant women and women
with children under three years of age
1. Women
sentenced to the restraint of liberty or imprisonment,
who become pregnant or give birth to a child while serving their
sentences,
except women sentenced to imprisonment for a term over five years for
intended
grave or special grave offenses, may be discharged, by a court, from
serving their
sentences for a period of time within which a women may enjoy her
maternity
leave, in accordance with the law, in connection with her pregnancy,
child
birth and until the child attains three years of age.
2.
Discharge from serving a sentence shall apply to any sentenced
female who has a family or relatives, who agree to live with her, or
any
sentenced female who is able to independently provide proper conditions
for
raising of her child.
3. The
conduct of such women shall be monitored by a local criminal
enforcement authority.
4. When
the child attains three years of age or if the child dies,
a court may discharge the sentenced female from serving her sentence,
or
commute her sentence, or order that she should continue to serve her
original
sentence, depending on her conduct. In case of ordering the continued
service
of sentence, the court may fully or partially include the period,
during which
the sentence female was released from serving her sentence, in the term
of her
sentence.
5. Where
a sentenced female, who was discharged from serving her
sentence, abandons her child, or places it in an orphanage, or
disappears from
the place of residence, or refuses to raise or take care for her child,
or
regularly commits wrongdoings that involve administrative penalties and
demonstrate her unwillingness to reform, a court may, upon a motion of
the
control authority, order that the sentenced female should continue to
serve her
original sentence.
6. Where
a sentenced female commits another criminal offence while
being discharged from serving her sentence, a court shall impose a
punishment
on her pursuant to the rules provided for by Articles 71 and 72 of this
Code.
Article
84. Discharge on medical grounds
3.
Military servants sentenced to service restrictions, arrest or
custody in a penal battalion, who are found unfit to continue military
service
due to health problems, shall be released from punishment.
4. Where
persons, refereed to in paragraphs 1 and 2 of this
Article, recover, they shall be ordered to continue to serve their
sentences,
provided the limitation periods, prescribed by Articles 49 or 80 of
this Code,
have not expired, or where no other grounds for discharge are
available. For
these purposes, the period of time, within which any compulsory
treatment
measures were applied, shall be included in the term of sentence
pursuant to
the rules provided for by paragraph 5 of Article 72 of this Code, where
each
day of compulsory treatment counts as one day of imprisonment.
Article
85. Discharge from punishment on the basis of the Law of
Ukraine on amnesty or an act of pardon
A
sentenced person may be fully or partially discharged from
his/her primary or additional punishment or may have his/her sentence
or the
remaining part of it commuted on the basis of the Law of Ukraine on
amnesty or
an act of pardon,
Article
86. Amnesty
1.
Amnesty shall be announced in a Law of Ukraine in regard of a
certain category of persons.
2. The
Law on amnesty may fully or partially discharge offenders
from criminal liability or punishment.
3. The
Law on amnesty may commute a sentence or the remaining part
of a sentence.
Article
87. Pardon
1.
Pardon is granted by the President of Ukraine in regard of a
particular individual.
2. An
act of pardon may substitute a life sentence imposed by a
court by imprisonment for a term not less than twenty five years.
Chapter
XIII.
CONVICTION
Article
88. Legal consequences of conviction
2.
Conviction shall have legal implications in case of commission
of a new criminal offense, and also other cases provided for by
Ukrainian laws.
3.
Persons convicted without imposition of any sentence, or
discharged from punishment, or those who have served their sentence for
any
criminal offense the criminality and punishability of which was
subsequently
repealed by law, shall be held to have no conviction.
4.
Rehabilitated persons shall be held to have no conviction.
Article
89. Cancellation of conviction
The
following person shall be held to have no conviction:
(1)
persons sentenced under Article 75 of this
Code, if they commit no further offenses during the probation period,
and the
probation is not revoked during the prescribed period for any other
reasons
provided for by law. If the term of any additional punishment exceeds
the term
of probation, a person shall be held to have no conviction after
completing to
serve such additional punishment;
(2)
women sentenced under Article 79 of this
Code, if they commit no further offenses during the probation period,
and are
not ordered to continue to serve their sentences imposed by a court
after the
probation period. Where a convicted female was not discharged from an
additional punishment and its term exceeds the term of the primary
punishment,
she shall be held to have no conviction after completing to serve such
additional punishment;
(3)
persons sentenced to the deprivation of
the right to occupy certain positions and engage in certain activities,
after
completing to serve this punishment;
(4)
persons who have completed to serve their
sentence of service restrictions for military servants, or custody in a
penal
battalion, or those who were paroled in respect of such offenses, and
also
military servants who have served their punishment at a guardhouse
instead of
arrest;
(5)
persons sentenced to a fine, or community
service, or correctional labor, or arrest, they commit no further
offenses
within one year from the date on which they completed to serve their
sentence
(primary or additional);
(6)
persons sentenced to restraint of liberty,
or sentenced to imprisonment for a minor offense, if they commit no
further
offenses within two years from the date on which they completed to
serve their
sentence (primary or additional);
(7)
persons sentenced to imprisonment for a
medium grave offense, if they commit no further offenses within three
years
from the date on which they completed to serve their sentence (primary
or
additional);
(8)
persons sentenced to imprisonment for a
grave offense, if they commit no further offenses within six years from
the
date on which they completed to serve their sentence (primary or
additional);
(9)
persons sentenced to imprisonment for a
special grave offense, if they commit no further offenses within eight
years
from the date on which they completed to serve their sentence (primary
or
additional);
Article
90. Calculation of periods for the cancellation of
conviction
1. The
periods of the cancellation of conviction shall be
calculated from the date of completion of a primary or additional
sentence.
2. The
cancellation period shall include the time during which the
sentence was not enforced, provided that the limitation period was not
interrupted. If a sentence was not enforced, the conviction shall be
canceled
upon expiration of limitation periods for enforcement of a sentence.
3. If a
person is paroled, the cancellation period shall be
calculated from the date of discharge (from serving any primary or
additional
sentence) on parole.
4. If
any unserved portion of a sentence is commuted, the
cancellation period shall be calculated from the date of completion of
the
commuted sentence (primary or additional).
5. If a
person who completed his/her sentence, commits another
offense before the expiration of the period for cancellation of
conviction,
this period shall be suspended and recalculated. In any such cases, the
cancellation periods shall be calculated separately for each criminal
offense,
after the actual completion of the sentence (primary and additional)
imposed
for the last committed offense.
Article
91. Revocation of conviction
1. If a
person, who completed his/her sentence of restraint of
liberty or imprisonment, displays good conduct and diligent work as a
proof of
his/her rehabilitation, a court may revoke his/her conviction before
the
expiration of periods described in Article 89 of this Code.
2.
Conviction may only be revoked after the expiration of at least
one-half of the cancellation period provided for by Article 89 of this
Code.
3. The
procedures related to revocation of conviction shall be
established in the Criminal Procedure Code of Ukraine.
Chapter
XIV. COMPULSORY
MEDICAL MEASURES AND COMPULSORY TREATMENT
Article
92. Definition and purpose of compulsory medical measures
Compulsory
medical measures shall mean an outpatient psychiatric
assistance, placement of a person, who committed a socially dangerous
act that
involves elements of any act described in the Special Part of the Code,
in a
special treatment institution for the purpose of his/her compulsory
treatment,
and also prevention of this person from committing any socially
dangerous acts.
Article
93. Persons subjected to compulsory medical measures
Compulsory
medical measures may be applied by a court to persons
who:
(1)
committed any socially dangerous acts in
condition of insanity;
(2)
committed a criminal offense in condition
of partial insanity
(3)
committed a criminal offense crime but
developed insanity before a sentence was pronounced or while serving a
sentence.
Article
94. Types of compulsory medical measures
(1)
compulsory outpatient psychiatric
assistance;
(2)
hospitalization in a regular-security
mental institution;
(3)
hospitalization in a reinforced-security
mental institution;
(4)
hospitalization in a high-security mental
institution;
6. If
compulsory medical measures are found not to be necessary or
are discontinued, a court may place a mentally sick person under care
of
relatives or custodians on condition of a compulsory medical follow-up.
Article
95. Continuation, change or discontinuation of compulsory
medical measures
1.
Continuation, change or discontinuation of compulsory medical
measures shall be ordered by a court upon a motion of a representative
of the
mental institution (psychiatrist), who provides psychiatric assistance
to a
person, together with am appended opinion of a panel of psychiatrists,
which
states the reasons for continuation, change or discontinuation of any
compulsory measures.
2.
Persons subjected to compulsory medical measures shall be
examined at least once every six months by a panel of psychiatrists who
shall
determine any reasons that may justify a court motion seeking
discontinuation
or change of any such measures. If no reasons are found, which justify
the
discontinuation or change of a compulsory medical measures, a
representative of
a mental institution (psychiatrist) who provides psychiatric assistance
to the
person, shall file an application with a court, together with an
opinion of the
panel of psychiatrists, which provides reasons for continuation of
compulsory
medical measures. If compulsory medical measures need to be extended
beyond a
six-month period, a representative of a mental institution
(psychiatrist) who
provides psychiatric assistance to the person, shall file with a local
court an application for extension of compulsory measures. The
application
shall be accompanied with an opinion of a panel of psychiatrists, which
provides reasons for the need to continue psychiatric assistance to the
person.
Every further extension of compulsory medical measures may not exceed
six
months.
3. Where
compulsory medical measures are discontinued due to
improvement of mental condition of a person, a court may place him/her
under
care of relatives or custodians on condition of a compulsory medical
follow-up.
4. Where
compulsory medical measures are discontinued due to
recovery, persons, who committed any offense in state of sanity but
developed
insanity before a sentence was pronounced, shall be liable to
punishment on
general grounds, and persons, who developed insanity while serving a
sentence,
shall continue to serve the sentence.
Article
96. Compulsory treatment
1.
Compulsory treatment may be ordered by a court in respect of
persons, who committed offenses and have any disease dangerous to the
health of
others, irrespective of the punishment imposed on them.
Chapter
XV. SPECIFIC
FEATURES OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS
Article
97. Discharge from criminal liability with imposition of
compulsory reformation measures
3. Where
a minor, who committed a criminal offense, evades
compulsory reformation measures, such measures shall be canceled and
he/she
shall be criminally prosecuted.
Article
98. Types of punishment
1. The
following types of punishment may be imposed on minors, who
committed any criminal offense:
(1) fine;
(2)
community service
(3)
correctional labor;
(4)
arrest;
(11)
imprisonment for a determinate term;
2.
Minors may be subject to such additional punishments as a fine
and deprivation of the right to occupy certain positions or engage in
certain
activities.
Article
99. Fine
Article
100. Community service and correctional labor
1.
Community service may be imposed on a minor of 16 to 18 years
of age for a term of 30 to 120 hours and shall consist of services
provided by
a minor in time free from studies or main employment. The duration of
this
punishment may not exceed two hours per day.
2.
Correctional labor may be imposed on a minor of 16 to 18 years
of age to be performed at the place of his/her employment for a term of
two
months to 1 year.
Article
101. Arrest
Arrest
shall imply detention of a minor, who attained the age of
16 by the time of sentencing, in isolation in special institutions for
a term
of fifteen to forty-five days.
Article
102. Imprisonment for a determinate term
1. The
punishment of imprisonment imposed on a persons who were
under 18 years of age at the time of commission of an offense, may not
exceed
10 years or, in cases provided for by subparagraph (5) of paragraph 3
of this
Article, may not exceed 15 years. Minors sentenced to imprisonment
shall serve
it in special reformatory institutions.
2.
Imprisonment may not be imposed on a minor who committed a
minor offense for the first time.
3.
Imprisonment shall be imposed on a minor who committed:
(1) a
repeated minor offense ? for a term up
to two years;
(2) a
medium grave offense ? for a term up to
four years;
(3) a
grave offense ? for a term up to seven
years;
(4) a
special grave offense ? for a term up to
ten years.
(5) a
special grave offense involving a murder
? for a term up to fifteen years.
Article
103. Imposition of punishment
1. When
imposing a punishment on a minor, a court shall consider,
in addition to the circumstances provided for by Articles 65 to 67 of
this
Code, the conditions of the person?s living and upbringing, the
influence of
adults, level of his/her development and other specific features of his
personality.
2. The
final punishment of imprisonment imposed on a minor by
cumulation of offenses or punishments may not exceed fifteen years.
Article
104. Discharge from punishment on probation
1.
Discharge from punishment on probation shall be applied to
minors pursuant to Articles 75 to 78 of this Code and subject to the
provisions
of this Article.
2.
Discharge on probation may only be applied to minors sentenced
to imprisonment.
3.
Probation shall be fixed for a period of one to two years.
4. When
discharging a minor on probation, a court may place this
minor under care and supervision of another person, upon consent of the
latter
to undertake such obligation.
Article
105. Discharge from punishment subject to compulsory
correctional measures
(1)
warning;
(2)
restriction of leisure time and special requirements to a
minor?s conduct;
(3)
placing a minor under supervision of
his/her parents or foster parents, or school teachers or colleagues
upon their
consent, or other individuals at their request;
(4)
obliging a minor, who has attained 15
years of age and possesses any property, money or has any earnings, to
compensate any pecuniary damages;
(5)
placing a minor in a special educational
and correctional institution for children and teenagers until the
minor?s
complete correction but for a term not exceeding three years.
Conditions of
stay in and procedure of discharge from these institutions shall be
provided
for by law.
Article
106. Discharge from criminal liability and punishment due
to the expiration of limitation periods
1.
Discharge from criminal liability and punishment due to the
expiration of limitation periods shall be applied to persons, who
committed
criminal offenses under 18 years of age, pursuant to Articles 49 and 80
of this
Code and subject to the provisions of this Article.
2. The
following limitation periods shall be established in
respect of persons described in paragraph 1 of this Article:
(1) two
years ? for a minor offense;
(2) five
years ? for a medium grave offense;
(3)
seven years ? for a grave offense;
(4) ten
years ? for a special grave offense.
3. The
following periods of sentence enforcement shall be
established in respect of persons described in paragraph 1 of this
Article:
(1) two
years ? where a person was sentenced
to any punishment other than imprisonment, or to imprisonment for a
minor
offense;
(2) five
years ? where a person was sentenced
to imprisonment for a medium grave offense, or imprisonment for a term
up to
five years for a grave offense;
(3)
seven years ? where a person was sentenced
to imprisonment for a term exceeding five years for a grave offense;
(4) ten
years ? where a person was sentenced
to imprisonment for a special grave offense.
Article
107. Parole
1.
Parole may be applied to persons who serve their sentence of
imprisonment imposed for an offense crime committed at the age under
18,
regardless of the gravity of the offense.
2.
Parole may be applied, if a person displays decent behavior and
diligence in work and studies as a proof of his/her reformation.
3.
Parole may be applied to persons, who committed an offense at
the age under 18, after they have actually served:
(1) not
less than one-third of the term of
imprisonment imposed by a court for a minor or medium grave offense,
and also
for a reckless grave offense;
(2) not
less than one-half of the term of
imprisonment imposed by a court for an intended grave offense or
reckless
special grave offense, and also where that person had previously served
a
sentence of imprisonment imposed for an intended offense but committed
another
intended offense at the age under 18 before the conviction was canceled
or
revoked and had been sentenced for that offense to imprisonment;
(3) not
less than two-thirds of the term of
imprisonment imposed by a court for an intended special grave offense,
and also
where that person had previously served a sentence of imprisonment and
had been
paroled but committed another intended offense at the age under 18
before the
end of sentence and had been sentenced for that offense to imprisonment;
4.
Commutation of the unserved part of the sentence shall not be
applied in respect of minors.
5. Where
a paroled person commits another offense during the
remaining part of the sentence, a court shall impose a punishment under
the
rules provided for by Articles 71 and 72 of this Code.
Article
108. Cancellation and revocation of conviction
1.
Conviction of persons who committed any criminal offense at the
age under 18 shall be cancelled and revoked pursuant to Articles 88 to
91 of
this Code and subject to the provisions of this Article.
2. The
following minors shall be held to have no conviction:
(1)
minors sentenced to any punishment other
than imprisonment, who have fully served their sentence;
(2)
minors sentenced to imprisonment for a
minor or medium grave offense, if they commit no further offense within
one
year from the date on which they completed to serve their sentence;
(3)
minors sentenced to imprisonment for a
grave offense, if they commit no further offense within three years
from the
date on which they completed to serve their sentence;
(4)
minors sentenced to imprisonment for a
special grave offense, if they commit no further offense within five
years from
the date on which they completed to serve their sentence;
3.
Preterm revocation of conviction shall be permissible only in
respect of a person who has served a sentence of imprisonment imposed
for a
grave or a special grave offense committed at the age under 18, on such
grounds
as provided for by paragraph 1 of Article 91 of this Code, after
completion of
at least one-half of the cancellation period as provided for by
paragraph 2 of
this Article.
SPECIAL
PART
Chapter
I. CRIMES
AGAINST NATIONAL SECURITY OF UKRAINE
Article
109. Actions aimed at forceful change or overthrow of the
constitutional order or take-over of government
1.
Actions aimed at forceful change or overthrow of the
constitutional order or take-over of government, and also a conspiracy
to
commit any such actions, ?
shall be
punishable by imprisonment for a term
of five to ten years.
2.
Public appeals to violent change or overthrow of the
constitutional order of take-over of government, and also dissemination
of
materials with any appeals to commit any such actions, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
3. Any
such actions, as provided for by paragraph 2 of this
Article, if committed by a member of public authorities or repeated by
any
person, or committed by an organized group, or by means of mass
media, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
110. Trespass against territorial integrity and
inviolability of Ukraine
1.
Willful actions committed to change the territorial boundaries
or national borders of Ukraine in violation of the order provided for
in the
Constitution of Ukraine, and also public appeals or distribution of
materials
with appeals to commit any such actions, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
2. Any
such actions, as provided for by paragraph 1 of this
Article, if committed by a member of public authorities or repeated by
any
person, or committed by an organized group, or combined with inflaming
national
or religious enmity, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for the same term.
3. Any
such actions, as provided for by paragraphs 1 and 2 of this
Article, if they caused the killing of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
Article
111. High treason
1. High
treason, that is an act willfully committed by a citizen
of Ukraine in the detriment of sovereignty, territorial integrity and
inviolability, defense capability, and state, economic or information
security
of Ukraine: joining the enemy at the time of martial law or armed
conflict,
espionage, assistance in subversive activities against Ukraine provided
to a
foreign state, a foreign organization or their representatives, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years.
Article
112. Trespass against life of a statesman or a public
figure
Trespass
against life of the President of Ukraine, the Chairman of
the Verkhovna Rada (Parliament) of Ukraine, a National Deputy (Member
of
Parliament) of Ukraine, the Prime Minister of Ukraine, a member of the
Cabinet
of Ministers of Ukraine, the Chairman or a judge of the Constitutional
Court of
Ukraine or the Supreme Court of Ukraine or High Specialized Courts of
Ukraine,
the Procurator General of Ukraine, the Human Rights Commissioner of the
Verkhovna Rada of Ukraine, the Head of the Accounting Chamber, the
Chairman of
the National Bank of Ukraine, or a leader of a political party,
committed in
relation to their government or public duties, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years or life imprisonment.
Article
113. Sabotage
Committing,
for any purpose prejudicial to the State, Setting off
explosions, fires, or committing other actions for the purposes of mass
destruction of people, or causing bodily injuries or any other harm to
their
health, or destruction or damaging of important industrial or defense
facilities, and also committing, for the same purposes, actions to
cause
radioactive pollution or mass poisoning, or to advance an epidemic,
epizootic,
or epiphytic diseases,
shall be
punishable by imprisonment for a term
of eighth to fifteen years.
Article
114. Espionage
1.
Providing information on state secrets or collecting such
information in order to provide to a foreign state, a foreign
organization or
their representatives, where these actions are committed by a foreign
national
or stateless person, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Chapter
II. CRIMINAL
OFFENSES AGAINST LIFE AND HEALTH OF A PERSON
Article
115. Murder
1.
Murder, that is willful unlawful causing death of another
person, ?
shall be
punishable by imprisonment for a term
of seven to fifteen years
2.
Murder:
(1) of
two or more persons;
(2) of a
young child or a woman who, to the knowledge of the
culprit, is pregnant;
(3) of a
hostage;
(4)
committed with special brutality
(5)
committed by a method dangerous to the lives of many persons;
(6)
based on mercenary motives;
(7)
based on hooligan motives;
(8) of a
person or a person?s close relative in relation to that
person?s official duties or public functions;
(9)
committed to conceal or facilitate another crime;
(10)
coupled with rape, or violent unnatural sexual intercourse;
(11)
committed as a contracted murder;
(12)
committed by a group of persons upon prior conspiracy;
(13)
committed by a person who has previously committed a murder,
other than a murder provided for by Articles 116?118 of this
Code, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years, or life imprisonment with forfeiture of
property in
the case provided for by subparagraph 6 of paragraph 2 of this Article.
Article
116. Murder committed in the heat of passion
A murder
committed in the heat of passion caused by unlawful
violence, systematic harassment or grievous insult of the victim, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
117. Infanticide
Infanticide
(murder of a newborn child by his/her mother) during
delivery or immediately after it, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
118. Murder in excess of necessary defense or in excess of
measures necessary to apprehend an offender
A murder
committed in excess of necessary defense or in excess of
measures necessary to apprehend an offender, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years,
or imprisonment for a term up to two years.
Article
119. Negligent homicide
1.
Negligent homicide, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for the same term.
2.
Negligent homicide of two or more persons, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
120. Driving a person into suicide
1.
Driving a person into suicide or attempted suicide by means of
cruel treatment, blackmail, coercion to unlawful actions or systematic
humiliation of his/her human dignity, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
2. The
same act committed in respect of a person who was in
financial or other dependence upon the culprit, or in respect of two or
more
persons, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. Any
such act as provided for by paragraph 1 or 2 of this
Article, where it was committed in respect of a minor, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
121. Intended grievous bodily injury
1.
Intended grievous bodily injury, that is a willful bodily
injury which is dangerous to life at the time of infliction, or
resulted in a
loss of any organ or its functions, or caused a mental disease or any
other
health disorder attended with a persisting loss of not less than
one-third of
working capability, or interruption of pregnancy, or permanent
disfigurement of
face, ?
shall be
punishable by imprisonment for a term
of five to eight years.
2.
Intended grievous bodily injury committed by a method
characterized by significant torture, or by a group of persons, and
also for
the purpose of intimidating the victim or other persons, or committed
as a
contracted offense, or which caused death of the victim, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
122. Intended bodily injury of medium gravity
Intended
bodily injury of medium gravity, that is a willful bodily
injury which is not dangerous to life and does not result in the
consequences
provided for by Article 121 of this Code, but which caused a lasting
health
disorder or a significant and persisting loss of not less than
one-third of
working capability, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years,
or imprisonment for a term up to three years.
2. The
same actions committed for the purpose of intimidating the
victim or his/her relatives, or coercion to certain actions, ?
shall be
punishable by imprisonment for a term
of three to five years.
Article
123. Intended grievous bodily injury inflicted in the heat
of passion
Intended
grievous bodily injury inflicted in the heat of passion
suddenly provoked by unlawful violence or grievous insult of the
victim, ?
shall be
punishable by community service for a
term of 150 to 240 hours, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, or imprisonment for
a term
up to two years.
Article
124. Intended grievous bodily injury inflicted in excess
of necessary defense or in excess of measures necessary to apprehend an
offender
Intended
grievous bodily injury inflicted in excess of necessary
defense or in excess of measures necessary to apprehend an
offender, ?
shall be
punishable by community service of
150 to 240 hours, or correctional labor for a term up to two years, or
arrest
for a term up to six months, or restraint of liberty for a term up to
two
years.
Article
125. Intended minor bodily injury
1.
Intended minor bodily injury, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or community service for a term up to 200
hours, or
correctional labor for a term up to one year.
2.
Intended minor bodily injury that caused a short-term health
disorder or insignificant loss of working capability, ?
shall be
punishable by community service for a
term of 50 to 200 hours, or correctional labor for a term up to one
year, or
arrest for a term up to six months, or restraint of liberty for a term
up to
two years.
Article
126. Battery and torture
1.
Intended blows, battery or other violent acts which caused
physical pain but no bodily injury, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or community service for a term up to 200
hours, or
correctional labor for a term up to one year.
2. The
same acts characterized by torture, committed by a group of
persons or for the purpose of intimidating the victim or his relatives,
?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
127. Torture
1.
Torture, that is an willful causing of severe physical pain or
physical or mental suffering by way of battery, martyrizing or other
violent
actions for the purpose of inducing the victim or any other person to
commit
involuntary actions, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. The
same actions repeated or committed by a group of persons
upon prior conspiracy, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
128. Negligent grievous bodily injury or negligent bodily
injury of medium gravity
Negligent
grievous bodily injury or negligent bodily injury of
medium gravity, ?
shall be
punishable by community service for a
term of 150 to 240 hours, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to two years.
Article
129. Threat to kill
1. Any
threat to kill, if there was a reasonable cause to believe
that this threat may be fulfilled, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to two years.
2. The
same act committed by a member of an organized group, ?
shall be
punishable by imprisonment for a term
of three to five years.
Article
130. Infection with HIV or any other incurable contagious
disease
1.
Willful placing of a person in danger of being infected with
HIV or any other incurable contagious disease dangerous to human
life, ?
shall be
punishable by arrest for a term up to
three months, or by restraint of liberty for a term up to five years,
or
imprisonment for a term up to three years.
2.
Infection of another person with HIV or any other incurable
contagious disease by a person who was aware of himself or herself
being a
circulator of this virus, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 2 of this Article,
if committed in respect of two or more persons or a minor, ?
shall be
punishable by imprisonment of three
to eight years.
4.
Willful infection of another person with HIV or any other
incurable contagious disease dangerous to the person?s life, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
131. Professional misconduct causing infection of a person
with HIV or any other incurable contagious disease
1.
Professional misconduct of a member of medical or
pharmaceutical profession or any other employee in consequence of
neglect or
careless discharge of their professional duties, which caused infection
of a
person with HIV or any other incurable contagious disease dangerous to
the
person?s life, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term with
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same act that caused infection of two or more
persons, ?
shall be
punishable by imprisonment for a term
of three to eight years with deprivation of the right to occupy certain
positions or engage in certain activities for a term up to three years.
Article
132. Disclosure of information on medical examination for
HIV or any other incurable contagious disease
Disclosure
? by a medical officer, an auxiliary employee who
obtained the information without authorization, or a member of medical
profession ? of information on medical examination for HIV, or any
other
incurable contagious disease dangerous to the person?s life, or AIDS
and its
results that became known to them in connection with their official or
professional duties, ?
shall be
punishable by a fine of 50 to 100 tax-free
minimum incomes, or community service for a term up to 240 hours, or
correctional labor for a term up to two years, or restraint of liberty
for a
term up to three years, with or without deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
Article
133. Infection with a venereal disease
1.
Infection of another person with a venereal disease by a person
who was aware of having this disease, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to two years, or imprisonment for the same period.
2. Any
such actions as provided for by paragraph 1 of this
Article, if committed by a person previously convicted of infecting any
other
person with a venereal disease, and also infecting two or more persons
or a
minor, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to three
years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, where they caused grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
134. Illegal abortion
1.
Performance of an abortion by a person who has no special
medical education, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or community service for a term of 100 to 240
hours,
or correctional labor for a term up to two years, or restraint of
liberty for a
term up to two years.
2.
Illegal performance of an abortion that caused a lasting health
disorder, sterility or death of the victim, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment of the same term, with or
without
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
135. Leaving in danger
1.
Willful leaving of a person without help, if he/she remains in
a condition dangerous to life and is unable to ensure his/her
self-preservation
due to young age, old age, illness or helpless condition and where the
one, who
left this person without help, was obliged to care after this person
and was
able to provide help to him or her, and where this one himself put the
victim
in a condition dangerous to life, ?
shall be
punishable by restraint of liberty
for a term up to two years, or imprisonment for the same term.
2. The
same actions committed by a mother in respect of her
newborn child, unless this mother was in a condition of lying-in, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they caused death of a person or other grave
consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Article
136. Failure to provide help to a person who is in a
condition dangerous to life
1.
Failure to provide help to a person, who is in a condition
dangerous to life, where such help could have been provided, or failure
to
inform appropriate institutions or persons of this person?s condition,
where
this has caused grievous bodily injuries, ?
shall be
punishable by a fine of 200 to 500
tax-free minimum incomes, or arrest for a term up to six months.
2.
Failure to provide help to a young child, who is known to be in
condition dangerous to life, where such help could have been provided,
or
failure to inform appropriate institutions or persons of this child?s
condition, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they caused death of the victim, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for a term of two to
five
years.
Article
137. Improper performance of duty with regard to
children?s life safety and health care
1.
Failure to perform or improper performance of professional or
official duty with regard to life safety and health care of minors
resulting
from neglect or careless discharge of this duty, where this has
significantly
deteriorated health of the victim
shall be
punishable by a fine up to 50
tax-free minimum incomes, or community service for a term of 240 hours,
or
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. Any
such actions that caused death of a minor or other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to four years, or imprisonment for a term up to three
years, with
or without deprivation of the right to occupy certain positions or
engage in
certain activities for a term up to three years.
Article
138. Illegal medical practice
Engaging
in an illegal medical practice without a special license
by a person who has no proper medical education, where this has caused
grave
consequences for the patient, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years,
or imprisonment for a term up to three years.
Article
139. Failure of a member of medical profession to provide
help to a patient
1.
Failure to provide help to a patient, without good excuse, by a
member of medical profession who was obliged to provide such help in
line with
the established rules, where this member knew that this may lead to
grave
consequences for the patient, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes with deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years,
or
correctional labor for a term up to two years.
2. The
same act that caused death of the patient or other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to four years, or imprisonment for a term up to three
years, with
or without deprivation of the right to occupy certain positions or
engage in
certain activities for a term up to three years.
Article
140. Improper performance of professional duty by a member
of medical or pharmaceutical profession
1.
Failure to perform or improper performance of professional duty
by a member of medical or pharmaceutical profession due to neglect of
careless
discharge of this duty, which caused grave consequences for a
patient, ?
shall be
punishable by deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to five years, or correctional labor for a term up to two years, or
restraint
of liberty for a term up to two years, or imprisonment for the same
term.
2. This
same act that caused grave consequences to a minor, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to three
years, with
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
141. Violation of rights of a patient
Clinical
drug trial performed without a written consent of the
patient or his legal representative, or in regard of a minor or a
legally
incapable person, where such actions caused death or other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term of three to five years or imprisonment for the same term.
Article
142. Illegal experimentation on a human being
1.
Illegal performance of biomedical, psychological or other
experiments on a human being, which expose his/her life or health to
danger, ?
shall be
punishable by a fine up to 200
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to four years, with the deprivation
of the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
2. Any
such acts as provided for by paragraph 1 of this Article,
where committed with regard to a minor, or two or more persons, by
coercion or
deception, or, also, where they caused a lasting health disorder of the
victim, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term, with or
without
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
143. Violation of procedures prescribed by law with regard
to human organs or tissue Article 143: transplantation
1.
Violation of procedures prescribed by law with regard to human
organs or tissue transplantation, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with or without the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2.
Removal, by coercion or deception, of a body organ or tissue
from a human being for the purpose of their transplantation, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
3. Any
such actions as provided for by paragraph 2 of this
Article, where committed in regard of a person who was in helpless
condition or
financial or any other dependence on the culprit, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term, with or
without
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
4.
Illegal trade in human organs or tissues, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
5. Any
such acts as provided for by paragraphs 2, 3 or 4 of this
Article, where committed by a group of persons upon their prior
conspiracy, or
participation in transnational organizations engaged in such
activity, ?
shall be
punishable by imprisonment for a term
of five to seven years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
144. Forcible donation of blood
1.
Taking of blood from a person by force or deceit for donor
purposes, ?
shall be
punishable by deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to three years, or correctional labor for a term up to two years, or
restraint
of liberty for a term up to two years, with or without a fine up to 50
tax-free
minimum incomes.
2. Any
acts as provided for by paragraph 1 of this Article, where
committed in regard of a minor or a person who was in helpless
condition or
financial or any other dependence on the culprit, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to three
years, with
or without the deprivation of the right to occupy certain positions or
engage
in certain activities for a term up to three years.
3. Any
such acts as provided for by paragraphs 1 and 2 of this
Article, where committed by a group of persons upon their prior
conspiracy, or
for selling purposes, ?
shall be
punishable by imprisonment of a term
up to five years with the deprivation of the right to occupy certain
positions
or engage in certain activities for a term up to three years.
Article
145. Unlawful disclosure of confidential medical
information
Willful
disclosure of confidential medical information by a person
to whom it was available in connection with his/her professional or
official
duties, where such disclosure caused any grave consequences, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or community service for a term up to 240
hours, or
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years, or correctional labor for a
term up to
two years.
Chapter
III. CRIMINAL
OFFENSES AGAINST LIBERTY, HONOR AND DIGNITY OF A PERSON
Article
146. Illegal confinement or abduction of a person
1.
Illegal confinement or abduction of a person, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
2. The
same acts committed in regard of a minor, or for mercenary
purposes, or in regard of two or more persons, or by a group of persons
upon
their prior conspiracy, or by a method dangerous to the victim?s life
or
health, or causing bodily suffering to him or her, or with the use of
weapons,
or within a lasting period of time, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where committed by an organized group, or where they caused
any grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
147. Hostage taking
1.
Taking or holding a person as a hostage with the intent to
induce relatives of the hostage, any government agency or other
institution,
business or organization, any natural person or any official to make or
refrain
from any action as a condition for release of the hostage
shall be
punishable by imprisonment for a term
of five to eight years.
2. The
same acts committed in respect of a minor, or by an
organized group, or accompanied with threats to destroy people, or
causing any
grave consequences, ?
shall be
punishable by imprisonment for a term
of seven to fifteen years.
Article
148. Substitution of a child
Substitution
of a anybody else?s child based on mercenary or other
personal motives, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
149. Trafficking in human beings and other illegal
transfer deals in respect of a human being
1. Sale,
other transfer for payment or any other illegal deals
with regard to a person, involving legal or illegal movement of that
person,
with or without his/her consent, across the border of Ukraine for
further sale
or other transfer to any person (or persons) for the purpose of sexual
exploitation, use in pornobusiness, engagement in criminal activities,
peonage,
adoption for commercial purposes, use in armed conflicts, labor
exploitation, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2. The
same actions committed in respect of a minor, or several
persons, or repeated, or committed by a group of persons upon their
prior
conspiracy, or through abuse of office, or by a person on whom the
victim was
financially or otherwise dependent, ?
shall be
punishable by imprisonment for a term
of five to twelve years, with or without the forfeiture of property.
3. Any
such actions as provided for by paragraphs 1 and 2 of this
Article, where committed by an organized group, or involving illegal
taking of
children abroad or failure to bring them back to Ukraine, or for the
purpose of
removal of the victim?s organs or tissues for transplantation or
forcible donor
purposes, or where these actions caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years with the forfeiture of property.
Article
150. Exploitation of children
1.
Exploitation of children, who are under legally employable age,
by way of profit-seeking employment, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same actions committed in regard of several children, or
where they caused significant harm to health, physical development or
educational level of a child, or accompanied with the use of children
labor in
hazardous production, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
151. Illegal placement of a person in a mental institution
1.
Placement of a person, known to be mentally sane, in a mental
institution, ?
shall be
punishable by arrest for a term of
three to six months, or restraint of liberty for a term up to two
years, or
imprisonment for the same term, with the deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Chapter
IV. CRIMES
AGAINST SEXUAL FREEDOM AND SEXUAL INVIOLABILITY OF A PERSON
Article
152. Rape
1. Rape,
that is sexual intercourse combined with violence,
threats of violence, or committed by taking advantage of the victim?s
helpless
condition, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. Rape,
where it was repeated, or committed by a person who
previously committed any of the offenses provided for by Articles 153
to 155 of
this Code, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Rape
committed by a group of persons, or rape of a
minor, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
4. Rape
which caused any grave consequences, and also rape of a
young child, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
153. Violent unnatural gratification of sexual desire
1.
Violent unnatural gratification of sexual desire combined with
physical violence, or threats of violence, or committed by taking
advantage of
the victim?s helpless condition, ?
shall be
punishable by imprisonment for a term
up to five years.
2. The
same act, if repeated, or committed by a group of persons,
or by a person who previously committed any of the offenses provided
for by
Articles 152 or 154 of this Code, and also committed in regard of a
minor, ?
shall be
punishable by imprisonment for a term
of three to seven years.
3. The
same act committed in regard of a young child, where it
caused especially grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to twelve years.
Article
154. Compulsion to sexual intercourse
1.
Compulsion of a female or male to natural or unnatural sexual
intercourse by a person on whom such female or male is financially or
officially dependent, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
2. The
same actions accompanied with threats to destroy, damage or
seize property of the victim or his/her close relatives, or to disclose
information defaming the victim or his/her close relatives, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years.
Article
155. Sexual intercourse with a sexually immature person
1.
Sexual intercourse with a sexually immature person, ?
shall be
punishable by restraint of liberty
for a term up to three years or imprisonment for the same term.
2. The
same actions committed by a parent or surrogate parent, or
where they caused sterility or other grave consequences, ?
shall be
punishable by imprisonment for a term
of three to five years.
Article
156. Debauchery of minors
1.
Debauched actions committed in regard of a person under 16
years of age, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years.
2. The
same actions committed in regard of a young child, or by a
parent or surrogate parent, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to three
years.
Chapter
V. CRIMINAL
OFFENSES AGAINST ELECTORAL, LABOR AND OTHER PERSONAL RIGHTS AND
FREEDOMS OF THE
HUMAN BEING AND THE CITIZEN
Article
157. Preclusion of the right to vote
1.
Preclusion of a citizen from free exercise of the right to
elect and be elected to the office of the President of Ukraine, a
National
Deputy (Member of Parliament) of Ukraine, a deputy of the Supreme
Council of
the Autonomous Republic of Crimea, a deputy of a local council, or a
village,
town or city head (mayor), and to campaign during elections, by means
of
violence, deception, threats, bribery or in any other way, ?
shall be
punished by restraint of liberty for a term of three to
five years, or imprisonment for a term of two to four years.
2. The
same actions committed by a group of persons upon their
prior conspiracy, or by a member of election committee or any other
official
through abuse of authority or office
shall be
punishable by imprisonment for a term
of three to five years.
3 Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they affected the voting or election outcome, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
Article
158. Unlawful use of ballots, forgery of election
documents, miscount of votes or misreporting of election returns
1.
Giving a ballot, by a member of an election committee, to a
person not registered in the list of electors, or giving ballots (or a
ballot)
to any voter instead of other voters, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for a term up to
three
years.
2.
Forgery, that is fabrication of a non-standard election
document, or fabrication thereof in a manner not prescribed by law, or
putting
any knowingly false information in an election document, or any other
falsification thereof, and also the use of a knowingly forged election
document
or any such document fabricated in a manner not prescribed by
law, ?
shall be
punishable by imprisonment for a term
of three to five years.
3. Any
such actions as provided for by paragraph 2 of this
Article, if committed by a member of an election committee or any other
officer, and also a willful miscount of votes or willful misreporting
of
elections returns, ?
shall be
punishable by imprisonment for a term
of five to eight years with the deprivation of the right to occupy
certain positions
or engage in certain activities for a term up to three years.
Article
159. Violation of the secrecy of ballot
A
willful violation of the secrecy of ballot at the time of an
elections prescribed by the election law of Ukraine, if committed by a
member
of an election committee or any other officer through abuse of
authority or
office, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or imprisonment for a term of one to three
years with
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
160. Violation of referendum law
1.
Preclusion of a citizen from free exercise of the right to take
or not take part in a referendum, or campaign before the referendum, by
means
of violence, deception, threats, bribery or in any other way, ?
shall be
punished by a fine up to 50 tax-free
minimum incomes, or correctional labor for a term up to two years, or
imprisonment for a term up to three years.
2. The
same actions committed by a member of a referendum
committee or any other officer, or by a group of persons upon their
prior
conspiracy, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for a term up to five years.
3.
Fabrication of referendum documents, distortion of records,
willful miscount of votes, or violation of the secrecy of ballot
committed by a
member of a referendum committee or any other officer, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for a term of one to five years.
Article
161. Violation of citizens' equality based on their race,
nationality or religious preferences
1.
Willful actions inciting national, racial or religious enmity
and hatred, humiliation of national honor and dignity, or the insult of
citizens' feelings in respect to their religious convictions, and also
any
direct or indirect restriction of rights, or granting direct or
indirect
privileges to citizens based on race, color of skin, political,
religious and
other convictions, sex, ethnic and social origin, property status,
place of
residence, linguistic or other characteristics, ?
shall be
punishable by a fine up to 50 tax-free
minimum incomes, or correctional labor for a term up to two years, or
restraint
of liberty for a term up to five years, with or without the deprivation
of the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
2. The
same actions accompanied with violence, deception or
threats, and also committed by an official, ?
shall be
punishable by correctional labor for
a term up to two years, or imprisonment for a term up to five years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group of persons, or where they
caused
death of people or other grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
162. Violation of security of residence
1.
Unlawful entry into residence or any other property of a
person, or unlawful examination or search thereof, and also unlawful
eviction
or any other actions that violate the security of a citizen?s
residence, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
2. The
same actions committed by an official, or accompanied with
violence or threats of violence, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
163. Violation of privacy of mail, telephone
conversations, telegraph and other correspondence conveyed by means of
communication or via computers
1.
Violation of privacy of mail, telephone conversations,
telegraph and other correspondence conveyed by means of communication
or via
computers,
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term up to two
year, or
restraint of liberty for a term up to three years.
2. The
same actions committed in respect of statesmen or public
figures, by an official, or by use of special devices for secret
reading of
information, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
164. Failure to pay alimony for support of children
1.
Persistent failure to pay contributions (alimony) for support
of children, as prescribed by a court order, and also parents?
persistent
failure to support dependent minors or children unable to work, ?
shall be
punishable by correctional labor for
a term up to one year, or restraint of liberty for the same term.
2. The
same act committed by a person previously convicted of the
offense created by this Article, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years.
Article
165. Failure to pay contributions for support of parents
unable to work
1.
Persistent failure to pay contributions, as prescribed by a
court order, for support of parents who are unable to work, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to one
year.
2. The
same act committed by a person previously convicted of the
offense created by this Article, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for the same term.
Article
166. Persistent failure to perform duties related to the
care of a child or a person under guardianship or in the custody
1.
Persistent failure of parents, guardians or custodians to
perform their duties established by law and related to the care of a
child or a
person under guardianship or in the custody, where it caused any
grave
consequences, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term.
Article
167. Abuse of the rights of guardian
Abuse of
guardianship or custody for mercenary purposes and to the
detriment of the ward (unlawful occupation of residence, use of
property,
etc.);
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years.
Article
168. Disclosure of the secrecy of adoption
1.
Disclosure of the secrecy of adoption against the will of an
adopter, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years.
2. The
same act committed by an official or employee of a medical
institution who had the information on adoption available by virtue of
office
or employment, or where it caused any grave consequences, ?
shall be
punishable by a fine up to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for the same term, with or without the deprivation of
the right
to occupy certain positions or engage in certain activities for a term
up to
three years.
Article
169. Unlawful actions for the purpose of adoption
1.
Unlawful mediation or other unlawful actions for the purpose of
adoption or placement of a child under guardianship (or in the custody)
or
under foster care, ?
shall be
punishable by a fine of 50 to 120
tax-free minimum incomes, or correctional labor for a term up to two
years.
2. The
same actions committed in regard of several children, or
repeated, or committed by a group of persons upon their prior
conspiracy, or
through abuse of office, or where they caused any grave
consequences, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
170. Preclusion of legal activities of labor unions, political
parties, and non-governmental organizations
Willful
preclusion of legal activities of labor unions, political
parties, and non-governmental organizations or their organs, ?
shall be
punishable by correctional labor for
a term up to two years, or imprisonment for a term up to three years,
with the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
171. Preclusion of legal professional activities of
journalists
1.
Willful preclusion of legal professional activities of
journalists, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2.
Persecution of a journalist for the performance of professional
duties and criticism, by an official, or a group of persons upon their
prior
conspiracy, ?
shall be
punishable by a fine up to 200
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
172. Gross violation of labor law
1.
Unlawful dismissal of an employee for personal reasons, and
also any other gross violation of labor law, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to three years,
or
correctional labor for a term up to two years.
2. The
same actions committed in regard of a minor, or a pregnant
woman, or a mother with a child under 14 years of age or a disabled
child, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
correctional labor of a term up to two years, or arrest for a term up
to six
months.
Article
173. Gross violation of an employment contract
1. Any
gross violation of an employment contract by any official
of an enterprise, institution or organization regardless of their type
of
ownership, and also by a private person, or their authorized agent,
causing a
person, by deceit, breach of trust or coercion, to perform any work not
provided for in the contract, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
arrest for a term up to six months, or restraint of liberty for a term
up to two
years.
2. The
same actions committed in regard of a citizen who was
contracted to work outside Ukraine, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
Article
174. Compulsion to participate in a strike or preclusion
from participation in a strike
Compulsion
to participate in a strike or preclusion from
participation in a strike, by violence or threats of violence or any
other
unlawful actions, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
Article
175. Failure to pay salary, scholarship, pension or any
other statutory payments
1.
Groundless failure of a manager of an enterprise, institution
or organization regardless of their type of ownership, to pay salary,
scholarship, pension, or any other statutory payment within a period
over one
month, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
correctional labor for a term up to two years, or imprisonment for a
term up to
two years, with the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years.
2. The
same action committed due to misuse of funds earmarked for
salaries, scholarships, pensions, or any other statutory
payments, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or imprisonment for a term up to three years.
Article
176. Violation of copyright and allied rights
1.
Illegal reproduction or distribution of scientific, literary,
or art works, computer software or databases, and also illegal
reproduction,
distribution of performances, phonograms and broadcast programs, making
their
illegal copies and distribution on audio and video tapes, disks, and
other
media, and, also, any other use of anybody else?s works, computer
software and
databases, or anything protected by allied rights, without a consent of
copyright or allied rights holders, where such actions caused a
significant
pecuniary loss, ?
shall be
punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional labor for a term up to two
years,
with the forfeiture of all copies of works, material media with
computer
software, databases, performances, phonograms, broadcast programs, and
the
equipment and material designated for their production and reproduction.
2. The
same actions, if repeated or where they caused a specially
significant pecuniary loss, ?
shall be
punishable by a fine of 200 to 800
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for the same term, with the forfeiture of all copies of
works,
material media with computer software, databases, performances,
phonograms,
broadcast programs, and the equipment and material designated for their
production and reproduction.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, where committed by an official through abuse of office in
regard of a
subordinate person, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to two years, with the deprivation of the
right to
occupy certain positions or engage in certain activities for a term up
to three
years.
Note: A
significant pecuniary loss is caused, if the value of copies of
illegally reproduced or distributed works, material media with computer
software, databases, performances, phonograms, and broadcast programs,
audio
and video tapes, disks, and other media, or the amount of proceeds from
illegal
publication, performance, demonstration or public display of works,
computer
software, databases, performances, phonograms, or broadcast programs,
or from
sale of audio and video tapes, disks, and other media exceeds 100
tax-free
minimum incomes; and an especially significant pecuniary loss is caused
where
their value or amount of proceeds exceed 1000 tax-free minimum incomes.
Article
177. Violation of industrial property rights
1.
Illegal use of an invention, utility model, industrial design,
qualified description of product origin, topography of microelectronic
integrated circuits, a variety of plants, where such actions caused a
significant pecuniary loss, ?
shall be
punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional labor for a term up to two
years,
with the forfeiture of illegally made products and the equipment and
material
designated for their production.
2. The
same actions, if repeated or where they caused a specially
significant pecuniary loss, ?
shall be
punishable by a fine of 200 to 800
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for a term up to two years, with the forfeiture of
illegally made
products and the equipment and material designated for their production.
Note: A
significant pecuniary loss is caused, if its amount exceeds 100
tax-free minimum incomes; and an especially significant loss is caused,
if its
amount exceeds 1,000 tax-free minimum incomes.
Article
178. Damage of religious architecture or houses of worship
Damage
or destruction of a religious architecture or a house of
worship, ?
shall be
punishable by a fine up to 300
tax-free minimum incomes, or imprisonment for a term of one to three
years.
Article
179. Illegal retention, desecration or destruction of
religious sanctities
Illegal
retention, desecration or destruction of religious
sanctities, ?
shall be
punishable by a fine up to 200
tax-free minimum incomes, or imprisonment for a term up to three years.
Article
180. Preclusion of religious ceremonies
1.
Illegal preclusion of religious ceremonies, where it frustrated
or was likely to frustrate a religious ceremony, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to two years.
2.
Forcing a clergyman, by violence or psychological pressure,
into officiation, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to two years.
Article
181. Trespass against health of persons under pretence of
preaching or ministering
1.
Organizing or leading a group, which operates under pretence of
preaching or ministering accompanied with the impairment of health of
people or
sexual dissipation, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
2. The
same actions accompanied with involvement of minors in
activities of the group, ?
shall be
punishable by imprisonment of three
to five years.
Article
182. Violation of personal privacy
Illegal
collection, storage, use or dissemination of confidential
information about a person without his/her consent, or dissemination of
such
information in a public speech, publicly demonstrated work, or mass
media, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or restraint of liberty for a term
up to
three years.
Article
183. Violation of the right to education
1.
Unlawful refusal to admit a person to an educational
institution of any type of ownership, ?
shall be
punishable by a fine up to 1000
tax-free minimum incomes, with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
2.
Unlawful request to pay for tuition in public or community
educational institutions, ?
shall be
punishable by a fine up to 1000
tax-free minimum incomes, or imprisonment for a term up to three years,
with
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
184. Violation of the right to free medical assistance
1.
Unlawful request to pay for medical assistance in public or
community health care institutions, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or arrest for a term up to six months.
2.
Illegitimate reduction of the network of public or community
health care institutions, ?
shall be
punishable by a fine up to 1000
tax-free minimum incomes, or correctional labor for a term up to two
years.
Chapter
VI. CRIMINAL
OFFENSES AGAINST PROPERTY
Article
185. Theft
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for a term up to three years.
2.
Theft, if repeated or committed by a group of persons upon
their prior conspiracy, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. Theft
accompanied with unlawful breaking into a residence or
any other premises or shelter, or where it caused a significant damage
to the
victim, ?
shall be
punishable by imprisonment for a term
of three to six years.
4. Theft
committed in respect of a gross amount, ?
shall be
punishable by imprisonment for a term
of five to eight years.
5. Theft
committed in respect of an especially gross amount or by
an organized group
shall be
punishable by imprisonment for a term
of seven to twelve years with the forfeiture of property.
Note:
Article
186. Robbery
1. Overt
stealing of somebody else?s property (burglary), ?
shall be
punishable by a fine of 50 to 100
tax-free minimums of citizens' income, or correctional labor for a term
up to
two years, or imprisonment for a term up to four years.
2.
Burglary accompanied with violence that was not dangerous to
the victim's life or health, or with threats of violence, or repeated,
or
committed by a group of persons upon their prior conspiracy, ?
shall be
punishable by imprisonment for a term
of four to six years.
3.
Burglary accompanied with breaking into a residence, other
premises or shelter, or which caused a significant damage to the
victim, ?
shall be
punishable by imprisonment for a term
of four to eight years.
4.
Burglary committed in respect of a gross amount, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
5.
Burglary committed in respect of an especially gross amount, or
by an organized group
shall be
punishable by imprisonment for a term
of eight to thirteen years with the forfeiture of property.
Article
187. Brigandism
1. An
assault for the purpose of taking possession of somebody
else?s property, accompanied with violence dangerous to life and health
of an
assaulted person, or with threats of such violence (brigandism), ?
shall be
punishable by imprisonment for a term
of three to seven years.
2.
Brigandism committed by a group of persons upon their prior
conspiracy, or by a person who had previously committed an act of
brigandism or
gangsterism, ?
shall be
punishable by imprisonment for a term
of seven to ten years with the forfeiture of property.
3.
Brigandism accompanied with braking into a residence, other
premises or shelter, ?
shall be
punishable by imprisonment for a term
of seven to twelve years with the forfeiture of property.
4.
Brigandism in respect of gross and especially gross amounts, or
committed by an organized group, or accompanied with infliction of
grievous
bodily injury, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years with the forfeiture of property.
Article
188. Stealing of power networks, cable communications
lines, and related equipment by dismantling or otherwise
1.
Stealing of power networks, cable communications lines, and
related equipment by dismantling or otherwise, ?
shall be
punishable by a fine of 100 to 500
tax-free minimum incomes, or imprisonment for a term up to three years.
2. The
same actions committed by a group of persons, or by a
person previously convicted of any of the criminal offenses provided
for by
this Article, or committed in respect of a gross amount, ?
shall be
punishable by imprisonment for a term of five to ten
years.
3. The
same actions committed by an organized group, or where they
caused especially grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years with the forfeiture of property.
Note: Any
actions are held to have caused especially grave consequences
where they caused death of a person, interruption in the provision of
electricity or communication services to consumers, stoppages of
industrial
enterprises, disruptions in the functioning of public authorities,
public
institutions, hospitals, law enforcement agencies, fire fighting units,
the
armed forces, rail, sea, river, air, road or electrical transport.
Article
189. Extortion
1.
Demand to transfer somebody else?s property or property title,
or any other acts in respect of property under threats of violence
against the
victim or his/her close relatives, or restriction of their rights,
freedoms or
lawful interests, or damage or destruction of their property or the
property
entrusted to them or placed into their custody, or disclosure of
information
that the victim or his close relatives would like to keep secret
(extortion), ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
2.
Extortion, if repeated, or committed by a group of persons upon
their prior conspiracy, or by an official through abuse of office, or a
threat
to kill or inflict bodily injury, or accompanied with endamagement or
destruction of property, or where it caused significant damages to the
victim, ?
shall be
punishable by imprisonment for a term
of three to seven years.
3.
Extortion accompanied with violence dangerous to life or health
of a person, or where it caused property damage in gross amount, ?
shall be
punishable by imprisonment for a term
of five to ten years with the forfeiture of property.
4.
Extortion that caused property damage in especially gross
amount, or committed by an organized group, or accompanied with
infliction of
grievous bodily injury, ?
shall be
punishable by imprisonment for a term
of seven to twelve years with the forfeiture of property.
Article
190. Fraud
1.
Taking possession of somebody else?s property or obtaining the
property title by deceit or breach of confidence (fraud), ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
2.
Fraud, if repeated, or committed by a group of persons upon
their prior conspiracy, or where it caused a significant damages to the
victim, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term of one to
two years,
or restraint of liberty for a term up to five years, or imprisonment
for a term
up to three years.
3. Fraud
committed in respect of a gross amount or by unlawful
operations involving computerized equipment, ?
shall be
punishable by imprisonment for a term
of three to eight years.
4. Fraud
committed in respect of an especially gross amount, or by
an organized group, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years and forfeiture of property.
Article
191. Misappropriation, embezzlement or conversion or
property by malversation
1.
Misappropriation or embezzlement of somebody else?s property by
a person to whom it was entrusted
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to four years, or imprisonment for a
term up
to four years, with or without the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
2.
Misappropriation, embezzlement or conversion of property by
malversation -
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if repeated or committed by a group of person upon their prior
conspiracy, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for a term of three
to eight
years, with the deprivation of the right to occupy certain positions or
engage
in certain activities for a term up to three years.
4. Any
such actions as provided for by paragraphs 1, 2 or 3 of
this Article, if committed in respect of a gross amount, ?
shall be
punishable by imprisonment for a term
of five to eight years, with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
5. Any
such actions as provided for by paragraphs 1, 2, 3 or 4 of
this Article, if committed in respect of an especially gross amount, or
by an
organized group, ?
shall be
punishable by imprisonment for a term
of seven to twelve years, with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
Article
192. Infliction of property damage by deceit or breach of
confidence
1.
Infliction of significant property damage by deceit or
breach of confidence but without elements of fraud, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
2. The
same actions committed by a group of persons upon their
prior conspiracy, or where these actions caused property damage in
respect of a
gross amount, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
Note: For the
purposes of this Article, property damage is held to be
significant where it exceeded 50 tax-free minimum incomes, and is held
to be
inflicted in respect of a gross amount where it exceeded 100 tax-free
minimum
incomes.
Article
193. Appropriation of found property or somebody else?s
property that a accidentally occurred to be in possession of a person
Appropriation
of found property or somebody else?s property that a
accidentally occurred to be in possession of a person and has a special
historic, scientific, artistic or cultural value, and also of a
treasure
trove, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
Article
194. Willful destruction or endamagement of property
1.
Willful destruction or endamagement of somebody else?s
property, where it caused gross damage, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
deprivation of liberty for a term up to three years.
2. The
same act committed by way of setting fire, explosion or by
any other generally dangerous method, or where it caused an especially
gross
damage to property, or death of people, or any other grave
consequences, ?
shall be
punishable by imprisonment for a term of three to fifteen
years.
Article
195. Threats to destroy property
Threats
of destroy somebody else?s property by way of setting
fire, explosion or by any other generally dangerous method, where
reasonable
grounds existed to believe that the threats may be fulfilled, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to one
year, or
arrest for a term up to six months.
Article
196. Negligent destruction or endamagement of property
1.
Negligent destruction or endamagement of somebody else?s
property, where it caused grievous bodily injuries or death of
people, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to four
years, or
imprisonment for a term up to three years.
Article
197. Breach of duty to protect property
Failure
to comply with duties or improper performance of duties by
a person to whom somebody else?s property was entrusted or in whose
custody it
was placed, where it caused grave consequences for the owner of the
property, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for the same term.
Article
198. Acquisition or sale of property known to be proceeds
from crime
Acquisition,
sale or storage of property known to be proceeds from
crime, where it was not promised in advance, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years, or
imprisonment for the same term.
Chapter
VII. ECONOMIC
CRIMINAL OFFENSES
Article
199. Making, storage, purchase, transportation, mailing,
or bringing into Ukraine for selling purposes, or sale of counterfeit
money, government
securities or state lottery tickets
1.
Making, storage, purchase, transportation, mailing, or bringing
into Ukraine for selling purposes, or sale of counterfeit money, public
securities or state lottery tickets of counterfeit Ukrainian currency
in the
form of soft or hard money, or foreign currency, or government
securities, or
state lottery tickets, ?
shall be
punishable by imprisonment for a term
of three to seven years.
2. The
same actions, if repeated or committed by a group of
persons upon their prior conspiracy, or in respect of large
amount, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group or in respect of especially
large
amount, ?
shall be
punishable by imprisonment of eight
to twelve years with forfeiture of property.
Note: Actions
provided for by this Article shall be deemed to have been
committed in respect of large amount, where the amount of a counterfeit
equals
or exceeds 200 tax-free minimum incomes, and in respect of extremely
large
amount, where the amount of a counterfeit equals or exceeds 400
tax-free
minimum incomes.
Article
200. Illegal actions in respect of remittance documents,
payment cards and other means providing access to bank accounts, and
equipment
for their production
1.
Forgery of remittance documents, payment cards and other means
providing access to bank accounts, and also purchase, storage,
transportation
or sending for selling purposes of counterfeit remittance documents or
payment
cards, or their use or sale, ?
shall be
punishable by a fine of 500 to 1,000
tax-free minimum incomes, or imprisonment for a term up to three years.
2. The
same actions, if repeated or committed by a group of
persons upon their prior conspiracy, ?
shall be
punishable by imprisonment for a term
of two to five years.
Note: Remittance
documents shall mean any paper or electronic documents
used by banks or their clients to transfer remittance orders or
information
between those involved in remittance (payment documents, cash
remittance
documents, documents used for interbank remittance and payment notice,
etc.)
Article
201. Smuggling
1.
Smuggling, that is the movement of goods across the customs
border of Ukraine bypassing the customs control or by concealing from
the
customs control, if committed in respect of large amounts, and also
illegal
movement of historic and cultural values, poisonous, strong,
radioactive or
explosive substances, weapons and ammunition (except smoothbore hunting
guns
and ammunition thereto), and also smuggling of strategically important
basic
commodities, export of which outside Ukraine is regulated by
appropriate rules
established by law, ?
shall be
punishable by imprisonment for a term
of three to seven years with the forfeiture of smuggled items.
2. The
same actions committed by a group of persons upon their
prior collusion, or by a person previously convicted of the criminal
offense
under this Article, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the forfeiture of smuggled items and
forfeiture of
property.
Note:
Smuggling of goods is committed in respect of large amounts
if the value of such goods equals or exceeds 1,000 tax-free minimum
incomes.
Article
202. Violation of business operation and banking
procedures
1.
Carrying out any activities which comprise elements of
business, without state registration of a business entity, or
performance of
any business operations subject to licensing pursuant to the law
without having
procured such licenses, or performance of any such business in
violation of
licensing conditions, where it involved the making of significant
profits, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for the same term.
2.
Carrying out banking activities or banking transactions, and
also professional activities in the securities market or transactions
in
non-banking financial institutions, without state registration or
special
permit (license) as prescribed by law, or doing the same in violation
of
licensing conditions, where it involved the making of significant
profits, ?
shall be
punishable by a fine of 200 to 500
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
Note: Significant
profits shall mean the profits amounting to or
exceeding 1,000 tax-free minimum incomes.
Article
203. Engagement in prohibited business activities
1.
Carrying out business activities specifically prohibited by
law, except as otherwise provided for by other articles of this Code, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and with
or without the forfeiture of property.
2. The
same actions where they involved making of significant
profits or were committed by a person previously convicted for
engagement in
prohibited business activities, ?
shall be
punishable by restraint of liberty
for a term up to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Note: Significant
profits shall mean the profits amounting to or exceeding
1,000 tax-free minimum incomes.
Article
204. Unlawful manufacturing, storage, sale or
transportation for selling purposes of excisable goods
1.
Unlawful purchase or storage for selling purposes, or sale, or
transportation for selling purposes of illegally manufactured alcohol,
tobacco
or any other excisable goods, ?
shall be
punishable by a fine of 500 to 1,050
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the forfeiture of illegally manufactured goods and manufacturing
equipment.
2.
Illegal manufacturing of alcohol, tobacco and other excisable
goods by establishing clandestine shops or use of equipment for mass
production
of such goods, or where it was committed by a person previously
convicted under
this article, ?
shall be
punishable by a fine of 1000 to 2000
tax-free minimum incomes, or by imprisonment of 3 to 7 years, with
seizure of
goods so produced and with forfeiture of assets.
3.
Illegal manufacturing of goods specified in paragraphs 1 and 2
of this Article from raw material of poor quality hazardous to human
life and
health, or where it caused poisoning of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years with seizure and destruction of goods so
manufactured and
forfeiture of manufacturing equipment.
Article
205. Sham business
1. Sham
business, that is the establishment or acquisition of
businesses entities (legal entities) to cover illegal activities or
engage in
prohibited types of business, ?
shall be
punishable by a fine of 300 to 500
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same acts, if repeated or where they caused a significant
pecuniary damage to the State, a bank, lending institution, other legal
entities or citizens, ?
shall be
punishable by imprisonment for a term
of three to five years.
Note:
Pecuniary damage inflicted upon individuals is significant
where it equals or exceeds 200 tax-free minimum incomes, whereas
pecuniary
damage inflicted upon the State or a legal entity is significant where
it
equals or exceeds 1,000 tax-free minimum incomes.
Article
206. Obstruction of legitimate business activity
1.
Obstruction of legitimate business activity, that is unlawful
demand to discontinue or restrain business operations, make a contract
or fail
to fulfil a concluded contract, if the fulfillment (or failure to
fulfil) of
such contract may cause pecuniary damages or derogate legitimate rights
or
interests of the person involved in business, and where it involves a
threat of
violence in regard of the victim or his close relatives, or a threat to
damage
or destroy their property, but is not associated with elements of
extortion, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or combined with a threat of
murder or
grievous bodily injury, or with violence not dangerous to life and
health, or
endamagement or destruction of property, ?
shall be
punishable by imprisonment for a term of three to five
years.
3.
Obstruction of legitimate business activity, if committed by an
organized group or by an official through taking advantage of his/her
office,
or combined with violence dangerous to life or health, or where it
caused a
significant damage or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Note:
Pecuniary damage is significant if it equals or exceeds 500
tax-free minimum incomes.
Article
207. Evasion of repatriation of foreign currency proceeds
1.
Willful Evasion, by officials of enterprises, institutions and
organizations of any ownership status or by unincorporated
entrepreneurs, of
repatriation to Ukraine, within time limits prescribed law, of any
foreign
currency proceeds gained from export sale of goods (work, services), or
any
other material values acquired for such proceeds, and also willful
concealment
in any manner of such proceeds, goods or other material values, ?
shall be
punishable by a fine of 600 to 1,000
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, and also willful evasion of the
repatriation of foreign currency proceeds, or goods or any other
material
values acquired for such proceeds, and willful concealment in any
manner of
such proceeds, goods or other material values in respect of large
amounts, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment of a term up to
three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed in respect of especially large amounts, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Note:
(1)
Evasion of repatriation of foreign currency proceeds, or goods
or any other material values acquired for such proceeds, and the
concealment in
any manner of such proceeds, goods or other material values is
committed in
respect of large amounts where the value of such proceeds, or goods or
other
material values equals or exceeds 1,000 tax-free minimum incomes (as
calculated
in the Ukrainian currency on the basis of the official exchange rate of
the
national currency established by the National Bank of Ukraine for the
last day
of the legally prescribed time limit for the transfer of foreign
currency
proceeds from abroad).
(2)
Evasion of repatriation of foreign currency proceeds, or goods
or any other material values acquired for such proceeds, and the
concealment in
any manner of such proceeds, goods or other material values is
committed in
respect of especially large amounts where the value of such proceeds,
or goods
or other material values equals or exceeds 3,000 tax-free minimum
incomes (as
calculated in the Ukrainian currency on the basis of the official
exchange rate
of the national currency established by the National Bank of Ukraine
for the
last day of the legally prescribed time limit for the transfer of
foreign
currency proceeds from abroad).
Article
208. Illegal opening or use of currency accounts outside
Ukraine
1.
Illegal opening or use, contrary to the procedures established
by law, of currency accounts of private persons outside Ukraine by a
Ukrainian
citizen permanently residing on its territory, and also currency
accounts of
legal entities operating on the territory of Ukraine by an official of
an enterprise,
institution or organization, or by any other person acting on request
of such
official, and also any such actions committed by an unincorporated
entrepreneur, ?
shall be
punishable by a fine of 500 to 1,000
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term of two to four years, with or without
the
forfeiture of currency values placed on such accounts.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, ?
shall be
punishable by imprisonment of three
to seven years with the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years and the
forfeiture of
currency values placed on such accounts.
Article
209. Legalization (laundering) of criminally obtained
money and other property
1.
Effecting financial transactions and other deals involving
money or other property known to be proceeds from crime, and also use
of such
money and other property in business or other economic activities, and
creation
of organized groups in or outside Ukraine for the purpose of
legalization
(laundering) of money and other property known to be proceeds from
crime, ?
shall be
punishable by fine of 500 to 3,000
tax-free minimum incomes, or restraint of liberty for a term of three
to five
years, or imprisonment for a term up to three years, with the
forfeiture of
criminally obtained money and other property.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, ?
shall be
punishable by imprisonment of five to
twelve years with the forfeiture of criminally obtained money and other
property and forfeiture of property.
Article
210. Violation of law on budget system of Ukraine
1. Use
of budget funds by an official contrary to their target
allocation or in amounts exceeding approved expenditure limits, and
also
failure to comply with requirements related to proportional decrease of
budget
expenses or proportional financing of expenditure items of budgets of
all
levels pursuant to applicable budget legislation, where large amounts
of budget
funds are involved, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with or without the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same acts committed in respect of especially large amounts
of budget funds, or repeated, or committed by a group of persons upon
their
prior conspiracy, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for a term of two to
eight
years with the deprivation of the right to occupy certain positions or
engage
in certain activities for a term up to three years.
Note:
1.
Budget funds are the funds of budgets of all levels
irrespective of the source of their formation.
2. Large
amount of budget funds in Articles 210 and 211 of this
Code shall mean the amount that equals or exceeds 1,000 tax-free
minimum
incomes.
3.
Especially large amount of budget funds in Articles 210 and 211
of this Code shall mean the amount that equals or exceeds 3,000
tax-free
minimum incomes.
Article
211. Making of regulations or directives that modify
budget revenues and expenses contrary to the procedures prescribed by
law
1.
Making of regulations or directives by an official, which
modify budget revenues and expenses contrary to the procedures
prescribed by
law, where large amounts of budget funds are involved, ?
shall be
punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to five years, or imprisonment for a
term up
to four years, with the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years.
2. The
same actions committed in respect of especially large
amounts of budget funds, or repeated, ?
shall be
punishable by imprisonment for a term
of three to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
212. Evasion of taxes, fees or other compulsory payments
1.
Willful evasion of taxes, fees or other compulsory payments
which are part of the taxation system established by law, by an
official of an
enterprise, institution or organization of any ownership status, or by
any
unincorporated entrepreneur, or by any other person liable to pay such
taxes,
fees or other compulsory payments, where such actions resulted in
actual
non-receipt of significant amounts of funds by budgets or special state
funds, ?
shall be
punishable by a fine of 300 to 500
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to 5 years.
2. The
same actions, if committed by a group of persons upon their
prior conspiracy, or where they resulted in actual non-receipt of large
amounts
of funds by budgets or special state funds, ?
shall be
punishable by a fine of 500 to 2,000
tax-free minimum incomes, or correctional labor for a term of two
years, or
restraint of liberty for a term of five years, with the deprivation of
the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed by a person previously convicted of evasion of
taxes,
fees, or other compulsory payments, or where they resulted in actual
non-receipt of especially large amounts of funds by budgets or special
state
funds, ?
shall be
punishable by imprisonment of five to
ten years with the deprivation of the right to occupy certain positions
or
engage in certain activities for a term up to three years and with the
forfeiture of property.
Note: A
significant amount of funds means any amount of taxes, fees or
other compulsory payments which equals or exceeds 500 tax-free minimum
incomes
as established by law; a large amount of funds means any amount of
taxes, fees
or other compulsory payments which equals or exceeds 3,000 tax-free
minimum
incomes as established by law; an especially large amount means any
amount of
taxes, fees or other compulsory payments which equals or exceeds 5,000
tax-free
minimum incomes as established by law.
Article
213. Violation of procedures related to operations with
scrap metal
1.
Operations with non-ferrous and ferrous scrap metal without
state registration or special permit (license) as required by law, or
letting
buildings or constructions for establishment of illegal stations of
collection,
storage and sale of scrap metal, ?
shall be
punishable by a fine of 100 to 500
tax-free minimum incomes, or correctional labor of 100 to 200 hours.
2. Any
such acts as provided for by paragraph 1 of this Article,
if committed by a person previously convicted for a criminal offense
under this
Article, ?
shall be
punishable by a fine of 500 to 1,000
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
Article
214. Violation of rules related to supply of precious
metals and precious stones
Evasion
of supply for affinage, compulsory under the law, or
compulsory sale of precious metals or precious stones mined, or
recovered from
secondary raw materials, picked up or found, where any such act was
committed
in respect of a large amount, and also evasion of compulsory supply for
affinage or compulsory sale of bought up precious metals, precious
stones,
jewelry or products for domestic use made of the above or scrap of such
products, ?
shall be
punishable by a fine of 300 to 1,000
tax-free minimum incomes, or restraint of liberty for a term up to two
years.
Note: Violation
of the rules related to supply of precious metals and
precious stones is committed in respect of a large amount if the value
of items
described in this Article, which were not supplied or sold, exceeds 500
tax-free minimum incomes.
Article
215. Counterfeiting of postage stamps and travel documents
Production
for selling purposes, sale or use of knowingly
counterfeit postage stamps, labeled products, international postal
reply
coupons, identification cards for international postal traffic, prints
of
labeling devices, and also tickets for railway, water, air or motor
transport
and other travel documents and shipment documents, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
Article
216. Illegal production, counterfeiting, use or sale of
illegally produced, acquired or counterfeit documentary stamps or check
stamps
1.
Illegal production, counterfeiting, use or sale of illegally
produced, acquired or counterfeit documentary stamps or check stamps
for
labeling of packages of copies of audiovisual works and phonograms, or
holographic protection elements, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of liberty for a term up to four
years.
2. The
same actions, if repeated, ?
shall be
punishable by a fine of 300 to 1,000
tax-free minimum incomes, or restraint of liberty for a term of three
to five
years.
Article
218. Fraudulent bankruptcy
A
knowingly false official statement made by a citizen, who is a
founder or owner of a business entity, or an official of a business
entity, or
a citizen, who is an individual entrepreneur, declaring the financial
incapacity to meet the liabilities with respect to creditors and
budget, where
such actions caused significant pecuniary damage to creditors or the
State, ?
shall be
punishable by a fine of 750 to 2,000
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
Note: The
pecuniary damage in Articles 218 to 223 of this Code is
significant if it equals or exceeds 500 tax-free minimum incomes.
Article
219. Making bankrupt
Making
bankrupt, that is willful actions of an owner or official
of a business entity taken for selfish motives, other personal interest
or
interests of any third party and resulting in a lasting financial
insolvency of
such business, where it caused a significant pecuniary damage to the
State or a
creditor, ?
shall be
punishable by a fine of 500 to 800
tax-free minimum incomes with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to 3 years.
Article
220. Concealment of lasting financial insolvency
Willful
concealment of financial insolvency by a citizen, who is
the founder or owner or an official of a business entity, by way of
filing
false reports, where these acts cause a significant pecuniary damage to
a
creditor, ?
shall be
punishable by a fine of 2,000 to
3,000 tax-free minimum incomes, or restraint of liberty for a term up
to two
years, with the deprivation of the right to occupy certain positions or
engage
in certain activities for a term up to 3 years.
Article
221. Illegal actions in case of bankruptcy
Where a
person, who has established, or owns or acts for a
business that goes or may go bankrupt,
Willful
concealment of assets or property obligations, any
information on assets, transfer of titles, alienation or destruction of
property, and also fabrication, concealment or destruction of business
or financial
documents by a citizen who is the founder, owner or official of a
business
entity in case of bankruptcy, where these actions caused a significant
pecuniary damage, ?
shall be
punishable by a fine of 100 to 500
tax-free minimum incomes, or arrest for a term up to three months with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
222. Financial fraud
1.
Filing knowingly false information by a private entrepreneur or
a founder, owner or official of a business entity to government
agencies,
authorities of the Autonomous Republic of Crimea or local government
authorities, banks or other creditors in order to obtain subsidies,
subventions, grants, loans or tax credits, where no elements of
criminal
offense against property are involved, ?
shall be
punishable by a fine of 500 to 1,000
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
2. The
same actions, if repeated, or where they caused significant
pecuniary damage, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
223. Violation of procedures related to emission and
circulation of securities
1.
Emission of securities by a citizen or official of a business
entity by way of their open distribution without registration of the
emission
under the procedure established by law, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to three years,
or
correctional labor for a term up to two years.
2.
Willful distortion of information in documents submitted for
registration of securities emission, by a citizen or official of a
business
entity, and also approval of such documents, where these actions caused
a
significant pecuniary damage to an investor, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to three years,
or
restraint of liberty for a term up to three years.
Article
224. Making, sale and use of counterfeit non-government
securities
1.
Making for selling purposes, sale or any other use of
counterfeit non-government securities, ?
shall be
punishable by restraint of liberty
for a term of two to five years with the deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
2. Any
such actions as provided for by paragraph 1 of this
Article, if repeated or where they caused a significant pecuniary
damage, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group or where they caused an
especially
great pecuniary damage, ?
shall be
punishable by imprisonment for a term
of five to seven years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Note:
(1) The
repeated offense in Article 224 is an offense committed by
a person who had previously committed a criminal offense created by
this
Article or Article 199 of this Code.
(2) For
the purposes of this Article, the material damage is
deemed to be significant, if it equals or exceeds 300 tax-free minimum
incomes,
and is deemed to be especially great if it equals or exceeds 1,000
tax-free
minimum incomes.
Article
225. Deceit of customers and clients
1.
Willful cheating on measures, weight or price calculation or
any other deceit of customers or clients while selling goods or
providing
services, where these actions involved a large amount, ?
shall be
punishable by a fine up to 500
tax-free minimum incomes, or community service for a term of 100 to 200
hours,
or correctional labor for a term up to two years, with the deprivation
of the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
2. The
same acts committed by a person previously convicted for
deceit of customers or clients, ?
shall be
punishable by a fine of 100 to 500
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
Note:
Deceit of customers and clients is deemed to be a deceit in
respect of a large amount if it causes pecuniary damages to a citizen,
which
exceeds three tax free minimum incomes.
Article
226. Measuring equipment tampering
1.
Making or remaking for use or sale, and also sale of measuring
devices or instruments, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or community service for a term up to 200
hours, or
correctional labor for a term up to two years, or arrest for a term up
to three
months.
2. The
same actions committed by a person previously convicted
under this Article, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty up to 3 years.
Article
227. Marketing or sale of products of poor quality
Marketing
or sale to consumers of products of poor quality, i.e.
products that do not satisfy the established standards, norms, rules
and
specifications, or incomplete products and goods, where these acts are
committed in respect of large amounts, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years,
with the deprivation of the right to occupy certain positions and
engage in
certain activities for a term up to three years.
Note: Marketing
or sale of products of poor quality is committed in
respect of large amounts, if it exceeds 300 tax-free minimum incomes.
Article
228. Conspiracy or coercion to change or fix prices
1.
Conspiracy to artificially raise or maintain monopoly prices
(tariffs), discounts, extra payments or charges in order to eliminate
competition among businesses in contravention of antimonopoly
law, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2.
Violence or infliction of damage, or threats of violence or
damage made in order to artificially change or fix prices, ?
shall be
punishable by a fine of 40 to 100
tax-free minimum incomes, or imprisonment for a term up to three years.
3. Any
such acts as provided for by paragraph 2 of this Article,
if committed by an organized group or a person previously convicted for
criminal offenses under this Article, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
229. Illegal use of trade mark
Illegal
use of a trade (or service) mark, registered trade name,
product marking, where it involved making of significant profits, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or community service for a term of 100 to 200
hours,
or correctional labor for a term up to two years.
Note:
Significant profits are made if they equal or exceed 300
tax-free minimum incomes.
Article
230. Violation of antimonopoly law
Willful
failure to file or filing of knowingly false documents or
any other information with the Antimonopoly Committee of Ukraine or its
territorial division, and also failure to comply with legitimate
decisions of
these authorities, committed by an officer of a government agency,
local
government authorities, bodies of administrative/economic management
and
control, enterprise, institution or organization, where it involved
making of
significant profits, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or deprivation of the right to occupy certain
positions and engage in certain activities for a term up to three
years, or
correctional labor for a term up to two years.
Note: Significant
profits are made if they equal or exceed 500 tax-free
minimum incomes.
Article
231. Illegal collection for the purpose of use or use of
information on trade secrets
Willful
actions taken to obtain information on trade secrets for
the purpose of disclosure of any other use (commercial espionage), and
also
illegal use of such information, where it caused a significant damage
to a
business entity, ?
shall be
punishable by a fine of 200 to 1,000
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or imprisonment for a term up to three years.
Article
232. Disclosure of commercial secrets
Willful
disclosure of commercial secrets without consent of its
owner, by a person who was aware of these secrets in connection with
his/her
professional or official activity, where it was committed for selfish
motives
and caused a significant damage to a business entity, ?
shall be
punishable by a fine of 200 to 500
tax-free minimum incomes with deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years,
or by
correctional labor up to two years, or imprisonment for the same term.
Article
233. Illegal privatization of public or communal property
1.
Privatization of public or communal property by means of
understating its value through use of valuation methods not envisaged
by law,
or by use of forged privatization papers, and also privatization of
property
which, under the law, is not subject to privatization, or privatization
by an unqualified
person, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. Any
such action as provided for by paragraph 1 of this Article,
where it resulted in illegal privatization of public or communal
property in
large amounts or was committed by a group of persons upon their prior
conspiracy, ?
shall be
punishable by imprisonment for a term
of five to twelve years with or without the forfeiture of property.
Note: For the
purposes of this Article, privatization of property in
large amounts takes place if it equals or exceeds 1,000 tax-free
minimum
incomes.
Article
234. Illegal actions in regard of privatization papers
1. Sale
or any other illegal assignment of privatization papers by
a person other than owner of such, and also purchase or placement of or
any
other transactions involving privatization papers without proper
authorization, ?
shall be
punishable by a fine of 100 to 500
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for the same term.
2. The
same actions, if repeated, or committed by a person
previously convicted of any criminal offense created by Articles 233 or
235, or
by an organized group, or through misuse of office, ?
shall be
punishable by imprisonment for a term
of two to five years.
3.
Stealing of privatization papers, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
235. Failure to comply with mandatory terms of
privatization and further use of public or communal property or
enterprises
Providing
false information in statements on origin of funds used
for the privatization of public or communal property or enterprises and
in
other documents required for the privatization of such property and
enterprises, and failure to comply with the terms of further use and
other
mandatory conditions pertinent to the privatization, as established by
laws and
other regulations, ?
shall be
punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional labor for a term up to two
years.
Chapter
VIII. CRIMINAL
OFFENSES AGAINST ENVIRONMENT
Article
236. Violation of environmental safety rules
Violation
of regulations on environmental assessment or
environmental safety during designing, location, construction,
reconstruction,
putting into operation, operation, and closure of industrial plants,
facilities, mobile units and other objects, where it caused death of
people, or
environmental pollution of large areas, or other grave
consequences, ?
shall be
punishable with imprisonment for a
term of five to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
237. Failure to eliminate consequences of environmental
pollution
Failure
to perform or improper performance of decontamination or
other recreational measures related to elimination of consequences of
environmental pollution by a person in discharge of his/her duties on
areas
contaminated by hazardous substances or exposed to radiation, where it
caused
death of people or any other grave consequences, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term not exceeding three years.
Article
238. Concealment or misrepresentation of information on
environmental status or disease incidence among the population
1.
Concealment or misrepresentation, by an official, of
information on environmental status, including the radiation situation
which is
related to pollution of land, water, air, food or food resources and
adversely
effects the health of people, flora and fauna, and also the disease
incidence
among the population in areas of increased environmental concern, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to three years,
or
restraint of liberty for a term up to three years.
2. The
same acts, if repeated, or committed in an area announced
to be an emergency zone, or where they caused death of people or other
grave
consequences, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term,
with or
without deprivation of the right to occupy certain positions or engage
in
certain activities for a term not exceeding three years.
Article
239. Contamination or deterioration of land
1.
Contamination or deterioration of land by substances, waste or
other materials hazardous to human life and health or the environment,
as the
result of violation of special rules, where these acts exposed human
life and
health or environment to danger, ?
shall be
punishable by a fine of 200 tax-free
minimum incomes, or deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years.
2. The
same acts that caused death of people or massive spread of
disease among them, or any other grave consequences, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term,
with or
without the deprivation of the right to occupy certain positions or
engage in
certain activities for a term up to three years.
Article
240. Violation of rules related to the protection of
mineral resources
1.
Violation of prescribed rules related to the protection of
mineral resources, where it exposed human life and health or
environment to
danger, and also unlawful mining of mineral resources, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to two
years.
2. The
same acts committed on territories and sites of natural
conservation, or repeated, or where they caused death of people or
massive
spread of disease among them, or any other grave consequences, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term,
with the
forfeiture of illegally mined resources and mining equipment.
Article
241. Air pollution
1.
Pollution or other change of natural characteristics of air by
hazardous substances, waste or other material generated by industrial
or other
production, as a result of violation of special rules, where these acts
exposed
human life and health or environment to danger,
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with or without the deprivation of the right to occupy certain
positions or
engage in certain activities for the same term.
2. The
same acts that caused death of people or any other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term,
with or
without the deprivation of the right to occupy certain positions or
engage in
certain activities for a term up to three years.
Article
242. Violation of rules related to water protection
1.
Violation of rules related to the protection of water (water
reservoirs), where it resulted in contamination of surface or
underground water
and water-bearing horizons, potable or curative water springs, or
caused
changes in their natural characteristics, or caused exhaustion of water
springs
and exposed human life and health or environment to danger, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
restraint of liberty for the same term.
2. The
same acts that caused death of people or massive spread of
disease among them, or mass destruction of flora and fauna, or any
other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
243. Marine pollution
1.
Marine pollution within internal sea or territorial waters of
Ukraine or within waters of the exclusive (marine) economic zone of
Ukraine by
materials or substances hazardous to human life and health, or by waste
due to
violation of special rules, where it exposed human life and health or
sea life
to danger, or could obstruct other lawful marine operations, and also
unlawful
discharge or burial of the said materials, substances or waste within
internal
sea or territorial waters of Ukraine or in the open sea,
shall be
punishable by a fine of 300 to 800
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for the same term, with or without the deprivation of
the right
to occupy certain positions or engage in certain activities for a term
up to
three years.
2. The
same acts that caused death of people or spread of disease
among them, or mass destruction of flora and fauna, or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of two to five years with or without the deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
3.
Failure of authorized officers of any water or air craft or any
other facility or construction located in the sea to report information
on
prepared or completed emergency dumping of hazardous substances or
mixtures
that contain any such substances in excess of prescribed limits, or any
other
waste, and also inevitable damage caused thereby within internal sea or
territorial waters of Ukraine or in the open sea, where it exposed
human life
and health or sea life to danger, or could cause damage to health
resorts and
rehabilitation zones or obstruct other lawful marine operations, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
restraint of liberty for a term up to three years.
Article
244. Violation of law on the continental shelf of Ukraine
1.
Violation of law on the continental shelf of Ukraine, where it
caused significant damage, and also failure of a person responsible for
the
operation of technological installations or other sources of risk in a
safety
zone to take measures for the protection of sea life against hazardous
effect
of waste or radiation and energy, where it exposed sea life or human
life or
health to danger, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for a term up to two years, with or without the
forfeiture of
all instruments utilized by the culprit to commit this offense.
2.
Exploration, prospecting and mining of natural resources or any
other operations on the continental shelf of Ukraine carried out by
foreign
nationals, unless they comply with an agreement concluded between
Ukraine and a
foreign country concerned, consent to the binding character of which
was
granted by the Verkhovna Rada (Parliament) of Ukraine, or by a special
permit
issued in a manner prescribed by law, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, with
the
forfeiture of equipment.
Article
245. Destruction or impairment of forests
1.
Destruction or impairment of forests, plantations of trees
around populated areas, alongside railroads, or any other such
plantation by
fire or any other generally dangerous method, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term.
2. The
same actions that caused death of people, mass destruction
of animals, or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
246. Illegal cutting of forests
Illegal
cutting of trees and shrubs in forests, forest
shelter-belts and other forest implantation, where it caused
significant
damage, and also any such acts committed in national parks or
territories and
sites of natural conservation, or in other specially protected forests,
shall be
punishable by a fine of 50 of 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years, or imprisonment for the same
term,
with the forfeiture of the proceeds of crime.
Article
247. Violation of law on plants protection
Violation
of rules established with regard to fight against pests
and plant diseases and other statutory requirements related to plants
protection, where it caused any grave consequences, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or restraint of liberty for a term up to two
years.
Article
248. Illegal hunting
1.
Violation of rules related to hunting, where it caused a
substantial damage, and also illegal hunting in national parks or any
territories and sites of natural conservation, or hunting for animals,
birds or
other species listed in the Red Book of Ukraine, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the forfeiture of the hunting tools and all proceeds.
2. The
same acts committed by an official through abuse of office,
or by a group of persons upon their prior conspiracy, or by a method
that
caused mass destruction of animals, birds, or any other species, or by
use of
vehicles, or by a person previously convicted of the offense created by
this
Article, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or imprisonment for the same term, with the forfeiture of hunting tools
and
proceeds.
Article
249. Illegal fishing or hunting or any other sea hunting
industry
1.
Illegal fishing or hunting or any other sea hunting industry
that caused significant damage, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the forfeiture of tools and proceeds.
2. The
same acts committed by way of mass destruction of fish,
animals or other species, or by a person previously convicted of the
offense
created by this Article, ?
shall be
punishable with a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for the same term, with the forfeiture of tools and
proceeds.
Article
250. Blasting in contravention of fishery conservation
regulations
Conducting
blasting operations in contravention of fish and water
wildlife conservation regulations, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty of two to five years, or imprisonment for the term of three
years.
Article
251. Violation of veterinary regulations
Violation
of veterinary regulations that resulted in a spread of
epizootic diseases or any other grave consequences, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
restraint of liberty for a term up to three years, or imprisonment for
the same
term.
Article
252. Willful destruction or impairment of territories
protected by the State and sites of natural conservation
1.
Willful destruction or impairment of territories protected by
the State and sites of natural conservation, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same acts committed by setting fire or any other generally
dangerous method, where they caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
253. Designing or operation of constructions without
systems of environmental protection
1.
Making and submitting designs or any other similar
documentation to a customer by an official or authorized person without
mandatory environmental protection installations, or putting such
constructions
into operation without such protective installations, where these
actions
created a risk of serious technological accidents or environmental
disasters,
destruction or mass spread of diseases among the population, or any
other grave
consequences, ?
shall be
punishable by deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to three years, or restraint of liberty for the same term.
2. The
same actions that caused any of the consequences provided
for in the first paragraph of this Article, ?
shall be
punishable by restraint of liberty
for three to five years, or imprisonment for a term up to five years.
Article
254. Wasteful use of lands
Wasteful
use of lands that caused a lasting depletion or loss of
fertility, exclusion of such lands from the process of agricultural
production,
washout of humus soil, or deterioration of soil structure, ?
shall be
punishable by a fine up to 250
tax-free minimum incomes, or restraint of liberty for a term up to two
years,
or imprisonment of the same term, with or without the deprivation of
the right
to occupy certain positions or engage in certain activities for a term
up to
three years.
Chapter
IX. CRIMES
AGAINST PUBLIC SAFETY
Article
255. Creation of a criminal organization
1.
Creation of a criminal organization for the purpose of
committing a grave or special grave offense, and also leadership or
participation in such organization, or participation of offenses
committed by
such organization, and also the organizing, running or facilitating a
meeting
(convention) of members of criminal organizations or organized groups
for the
purpose of development of plans and conditions for joint commission of
criminal
offenses, providing logistical support of criminal activities or
coordination
of activities of so associated criminal organizations or organized
groups, ?
shall be
punishable by imprisonment for a term of five to twelve
years.
Article
256. Assistance to members of criminal organizations and
covering up of their criminal activity
1.
Assistance, which was not promised in advance, to members of
criminal organizations and covering up of their criminal activities by
providing premises, shelters, vehicles, information, documents,
equipment,
money, or securities, and also taking other actions, which were not
promised in
advance, to create conditions facilitating their criminal
activities, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. The
same actions committed by an official or repeated, ?
shall be
punishable by imprisonment for a term
of five to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
257. Gangsterism
Organizing
an armed criminal gang for the purpose of attacking
businesses, institutions, organizations or private individuals, and
also
participation in such gang or its attacks, ?
shall be
punishable by imprisonment for a term
of five to fifteen years with the forfeiture of property.
Article
258. Act of terrorism
1. An
act of terrorism, that is the use of weapons, explosions,
fire or any other actions that exposed human life or health to danger
or caused
significant pecuniary damage or any other grave consequences, where
such
actions sought to violate public security, intimidate population,
provoke an
armed conflict, or international tension, or to exert influence on
decisions
made or actions taken or not taken by government agencies or local
government
authorities, officials and officers of such bodies, associations of
citizens,
legal entities, or to attract attention of the public to certain
political,
religious or any other convictions of the culprit (terrorist), and also
a
threat to commit any such acts for the same purposes, ?
shall be
punishable by imprisonment for a term
of five to ten years.
2. The
same actions, if repeated or committed by a group of
persons upon their prior conspiracy, or where these actions caused
significant
property damage or other grave consequences, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, where they caused death of people, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years, or life imprisonment.
4.
Establishing, leading, or participating in a terrorist group or
terrorist organization, and also providing logistical, organizational
or any
other assistance in order to facilitate the establishment or operation
of a
terrorist group or terrorist organization, ?
shall be
punishable by imprisonment of eight
to fifteen years.
5. Any
person, other than an organizer or leader, shall be
discharged from criminal liability for any action provided for in
paragraph 4
of this Article, if he/she has voluntarily reported it to a law
enforcement
authority and assisted in termination of existence or operations of
such
terrorist group or organization, or in uncovering criminal offenses
related to
the creation or operation of such terrorist group or organization,
unless
his/her actions contain no elements of any other offense.
Article
259. Knowingly false report of a threat to the safety of
citizens, destruction or impairment of property
1.
Knowingly false report of the preparation of an explosion or
fire or any other actions that may cause death of people or any other
grave
consequences, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2. The
same action that caused any grave consequences or
repeated, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
260. Creation of unlawful paramilitary or armed formations
1.
Creation of paramilitary formations in contravention of
Ukrainian laws, and participation in the operations, ?
shall be
punishable by imprisonment for a term
of two to eight years.
2.
Creation of armed formations in contravention of Ukrainian
laws, and participation in the operations, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3.
Leadership in the formations specified in paragraphs 1 and 2 of
this Article, financing, supplying weapons, ammunition, explosives or
military
enginery to these formations, ?
shall be
punishable by imprisonment for a term
of five to ten years.
4.
Participation in attacks on businesses, institutions,
organizations or private individuals, as a member of formations
specified in
paragraphs 1 and 2 of this Article, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
5. Any
such actions as provided for by paragraph 4 of this
Article, where they caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years.
6. Any
person, who was a member of formations specified in this
Article, shall be discharged from criminal under this Article for any
actions
provided for in paragraph 1 or 2 of this Article, if he/she has
voluntarily
abandoned any such formation and reported its existence to government
agencies
or local government authorities.
Notes:
2. An
armed formation shall mean a military group that is
illegally armed with firearms, explosives or other weapons fit for use.
Article
261. Attacks on objects which contain any items of
increased danger to the environment
Attacks
on any objects with any radioactive, chemical, biological
or explosive materials, substances, or items produced, stored, used or
transported therein, for the purpose of seizure, impairment or
destruction of
any such objects, ?
shall be
punishable by imprisonment for a term of five to twelve
years.
Article
262. Stealing, appropriation or extortion of firearms,
ammunition, explosives or radioactive material, or obtaining them by
fraud of
abuse of office
1.
Stealing, appropriation or extortion of firearms (other than
smoothbore hunting guns), ammunition, explosive substances, explosive
devices
or radioactive material, or obtaining them by fraud, ?
shall be
punishable by imprisonment for a term
of three to seven years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, and also obtaining items listed in
paragraph 1 of this Article through abuse of office, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, where committed by an organized group, and also brigandism for
the
purpose of stealing firearms (other than smoothbore hunting guns),
ammunition,
explosives or radioactive materials, and also extortion of any such
items
accompanied with violence dangerous to human life or health, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years with the forfeiture of property.
Article
263. Unlawful handling of weapons, ammunition or
explosives
1.
Carrying, storing, purchasing, producing, repairing,
transferring or selling firearms (other than smoothbore hunting guns),
ammunition, explosive substances or explosive devices without a permit
required
by law, ?
shall be
punishable by imprisonment for a term
of two to seven years.
2.
Carrying, producing, repairing or selling of daggers, Finnish
knives, brass knuckles or cold arms without a permit required by
law, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up of two
to five
years, or imprisonment for a term up to three years.
Article
264. Negligent storage of firearms or ammunition
Negligent
storage of firearms or ammunition that caused death of
people or any other grave consequences, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
Article
265. Unlawful handling of radioactive materials
1.
Purchasing, carrying, storing, using, transferring, modifying,
destroying, cutting or breaking radioactive materials (sources of
ionizing
radiation, radioactive substances or nuclear materials in any physical
state in
any installation or product, or in any other form) without a permit
required by
law, ?
shall be
punishable by imprisonment for a term
of two to five years.
2. The
same actions that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
266. Threats to steal or use radioactive materials
1.
Threats to steal or use radioactive materials for the purpose
of forcing a person, or a legal entity, or an international
organization, or
the State to take or abstain from any action, if there were are
reasonable
grounds to believe that the threats could be fulfilled, ?
shall be
punishable by imprisonment for a term up to three years.
2.
Threats to use radioactive materials for the purposed of
causing death of people or any other grave consequences, if there were
reasonable grounds to believe that the threats could be
fulfilled, ?
shall be
punishable by imprisonment for a term
up to five years.
Article
267. Violation of regulations on handling explosives,
flammable and caustic substances, or radioactive materials
1.
Violation of regulations on storing, using, keeping records of,
or transporting explosive substances or radioactive materials or any
other
rules on handling them, and also illegal mailing or shipping of the
aforesaid
substances, where this violation caused a risk of death of people or
any other
grave consequences, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, or imprisonment for
a term
up to three years.
2. The
same actions and also illegal mailing or shipping of flammable
or caustic substances, where they causes death of people or any other
grave
consequences, ?
shall be
punishable by imprisonment for a term
of three to twelve years.
Article
268. Illegal movement of waste and secondary raw materials
to Ukraine
1.
Movement of waste or secondary raw materials to or through
Ukraine without a proper permit, ?
shall be
punishable by the fine up to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2.
Movement, to or through Ukraine, of substances or materials
classified as hazardous waste, movement of which to Ukraine is
prohibited, ?
shall be
punishable by a fine up of 50 to 200
tax-free minimum incomes, or imprisonment for a term up to three years.
Article
269. Illegal transportation of explosive or flammable
substances by aircraft
1.
Illegal transportation of explosive or flammable substances by
aircraft, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for the same term.
2. The
same actions that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of three to ten years.
Article
270. Violation of fire safety requirements established by
law
1.
Violation of fire safety requirements established by law, where
it caused a fire that resulted in any damage to human health or heavy
property
damage, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
2. The
same action that caused death of people, especially heavy
property damage or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Note: Property
damage is held to be heavy, if direct losses exceed 300
tax-free minimum incomes, and is held to be especially heavy, if direct
losses
exceed 1000 tax-free minimum incomes.
Chapter
X. CRIMINAL
OFFENSES AGAINST OCCUPATIONAL SAFETY
Article
271. Violation of occupational safety law
1.
Violation of occupational safety requirements set out in laws
and other labor safety regulations committed by an official of a
business,
institution or organization, or by a private entrepreneur, where this
violation
caused any harm to the victim?s health, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for the same term.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to five
years, or
imprisonment for a term up to seven years, with or without the
deprivation of
the right to occupy certain positions or engage in certain activities
for a
term up to two years.
Article
272. Violation of safety rules related to high-risk
operations
1.
Violation of safety rules related to high-risk operations in
industrial production or at any enterprise by a person obliged to
observe them,
where this violation caused the risk of death of people or the risk any
other
grave consequences, or caused any harm to the victim's health,
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with or without the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to eight
years, with
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
273. Violation of safety rules at explosive industries or
plants
1.
Violation of safety rules at explosive industries or plants by
a person obliged to observe them, where this violation cased a risk of
death of
people or the risk of any other grave consequences, or caused harm to
the
victim's health, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years,
or imprisonment for a term up to three years, with or without the
deprivation
of the right to occupy certain positions or engage in certain
activities for a
term up two years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of two to ten
years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
Article
274. Violation of nuclear or radiation safety rules
1.
Violation of nuclear safety rules in the industrial production
by a person obliged to observe them, where this violation caused the
risk of
death of people or the risk of any other grave consequences, or caused
harm to
the victim's health, ?
shall be
punishable by restraint of liberty
for a term up to four years, or imprisonment for the same term, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of three to twelve years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
275. Violation of rules related to safe use of industrial
products or safe operation of buildings and constructions
1.
Violation of rules related to safe use of industrial products
in the process of developing, designing, manufacturing or storing these
products, and also violation of rules related to safe operation of
buildings
and constructions in the process of designing or constructing them, by
a person
obliged to observe such rules, where these violations causes the risk
of death
of people, or the risk of any other grave consequences, or any harm the
victim's health, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with or without the
deprivation
of the right to occupy certain positions or engage in certain
activities for a
term up to two years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to five
years, or
imprisonment for a term of two to five years, with the deprivation of
the right
to occupy certain positions or engage in certain activities for a term
up to
three years.
Chapter
XI. CRIMINAL
OFFENSES AGAINST TRAFFIC SAFETY OR SAFETY OF TRANSPORT OPERATIONS
Article
276. Violation of rules related to safety of traffic or
operation of railway, water or air transport
1.
Violation of rules related to safety of traffic or transport
operations by a worker of railway or water or air transport, and, also
repair
works of poor quality performed with regard to transport, railways,
signal and
communication means, where this violation exposed human lives to danger
or
caused the risk of any other grave consequences, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to three
years.
2. The
same acts that caused medium grave or grave injury to a
victim, or caused significant pecuniary damage, ?
shall be
punishable by imprisonment for a term
of two to seven years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they caused death of people, ?
shall be
punishable by imprisonment for a term of seven to fifteen
years.
Article
277. Endamagement of communication routes and transport
means
1.
Willful destruction of or endamagement of communication routes,
constructions on these routes, rolling-stock or vessels, signal and
communication means, or any other actions taken to render the
aforementioned
items inoperative, where these actions caused or could cause an
accident of a
train or a vessel, or disrupted regular transport operations, or caused
a
exposed human lives to danger or caused the risk of any other grave
consequences, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
imprisonment for a term up to three years.
2. The
same acts that caused medium grave or grave bodily injury
to the victim, or caused significant pecuniary damage, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they caused death of people, ?
shall be
punishable by imprisonment for a term
of seven to fifteen years.
Article
278. Hijacking of a rolling-stock, aircraft or sea/river
vessel
1.
Hijacking of a rolling-stock, aircraft or sea/river
vessel, ?
shall be
punishable by imprisonment for a term
of three to six years.
2. The
same acts committed by a group of persons upon their prior
conspiracy, or accompanied with violence not dangerous to the victim's
life or
health, ?
shall be
punishable by imprisonment for a term
of five to eight years.
3. Any
such acts as provided for by paragraph 1 or 2 of this Article,
if committed by an organized group, or accompanied with violence
dangerous to
the victim?s life or health of other persons, or caused death of people
or any
other grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
279. Blocking of transportation routes, and capturing of a
transport enterprise
1.
Blocking of transportation routes by obstructing the traffic,
or cutting off electricity, or any other method, where it disrupted
normal
operations of traffic, or exposed human lives to dander, or caused the
risk of
any other grave consequences, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or imprisonment for a term up to
three
years.
2.
Capturing a railway station, airfield, port, station or any
other transportation enterprise, institution or organization, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, where they caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
280. Compulsion of a transport worker to misconduct in office
1.
Compulsion of a worker of railway, air, water, motor, municipal
transport or trunk pipelines to misconduct in office by threats of
murder,
grave bodily injuries or destruction of his/her property or close
relatives, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or imprisonment for a term up to
three
years.
2. The
same actions, if repeated, or committed by a group of
persons upon prior conspiracy,
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group or attended with violence
dangerous
to the victim?s life or health, or where they caused death of people or
any
other grave consequences, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
281. Violation of rules related to air flight safety
1.
Violation of rules related to safety of aircraft flights by
persons other than air transport workers, if it exposed human lives to
danger
or caused a risk of any other grave consequences, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2. The
same acts that caused medium grave bodily injury to the
victim or significant pecuniary damage, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if they caused death of people, ?
shall be
punishable by imprisonment for a term of five to twelve
years.
Article
282. Violation of rules related to the use of airspace
1.
Violation of rules related to the launching of missiles, all
types of shooting or blasting operations, or any other actions in the
airspace,
where it exposed the safety of air flights to risk, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to five years.
2. The
same acts that caused medium grave or grave bodily injury
to the victim or significant pecuniary damage, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if they caused death of people, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
283. Unauthorized non-emergency stopping of a train
1.
Unauthorized non-emergency stopping of a train by pulling an
emergency stop handle, or disconnecting an overhead break main-line, or
any
other method, where it exposed human lives to danger to caused the risk
of any
other grave consequences, or caused damage to the victim?s
health, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or restraint of liberty for a term
up to
three years.
2. The
same actions that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
284. Failure to provide assistance to a wrecked vessel and
persons
Failure
of a captain of a vessel to provide assistance to the crew
and passengers of another vessel in case of collision with it, and also
to any
other wrecked persons encountered at sea or any other waterway, where
that
captain was able to provide such assistance without putting his own
vessel,
crew and passengers at high risk, ?
shall be
punishable to a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or imprisonment for a term up to
two years.
Article
285. Failure to give the name of a vessel in case of
collision
Failure
of a captain of a vessel that came into collision with
another vessel to give its vessel?s name, the port of commission, point
of
departure and destination, where it was possible to do so,
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
Article
286. Violation of rules related to traffic or driving
safety by drivers
1.
Violation of rules related to traffic or driving safety by a
person that drives any vehicle, where it caused medium grave bodily
injury to
the victim,
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or restraint of liberty for a term
up to
three years, with or without the deprivation of the right to operate
transport
for a term up to three years.
2. The
same acts that caused death or grave bodily injury of the
victim, ?
shall be
punishable by imprisonment for a term
of three to eight years with or without the deprivation of the right to
operate
transport for a term up to three years.
3. Any
such acts as provided for by paragraph 1 of this Article,
if they caused death of several persons, ?
shall be
punishable by imprisonment for a term
of seven to twelve years with the deprivation of the right to operate
transport
for a term up to three years.
Note: for the
purposes of the present Article and Articles 287, 289 and
290, vehicles shall mean all types of cars, tractors and other
self-propelled
machines, trams, trolley buses, motor cycles, and other vehicles.
Article
287. Authorization of operation of malfunctioned vehicles
and other violations of operation procedures
Authorization
of operation of vehicles known to be malfunctioned,
or permitting an intoxicated person or a person without a driver?s
license to
drive a vehicle, or any other serious violation of rules related to
traffic
safety by a person responsible for the technical condition or operation
of
vehicles, where it caused medium grave or grave bodily injury or death
of the
victim, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to five years, or imprisonment for a
term up
to five years, with or without the deprivation of the right to occupy
positions
related to responsibility for technical condition or operation of
vehicles for
a term up to three years.
Article
288. Violation of rules, norms and standards related to
traffic safety
Violation
of rules, norms and standards related to traffic safety
by a person responsible for construction, reconstruction, repairs or
maintenance of roads, highways, streets, railway crossings and other
road
facilities, or a person who performs any such works, where it caused
medium
grave or grave bodily injury or death of the victim, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to five years, or imprisonment for a
term up
to five years.
Article
289. Unlawful appropriation of a vehicle
1.
Unlawful appropriation of a vehicle for whatever
purpose, ?
shall be
punishable by a fine of 1,000 to 1,200
tax-free minimum incomes, or imprisonment for a term of three to five
years.
2. The
same actions committed by a group of persons upon their
prior conspiracy, or repeated, or accompanied with violence dangerous
to the
victim?s life or health, or with threats of such violence, or committed
upon
entering into a residence or any other shelter, or where they caused a
significant pecuniary damage to the victim, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if accompanied with violence dangerous to the victim?s life or
health,
or threats of such violence, or committed by an organized group, or in
regard
of a vehicle, the value of which exceeds 250 tax-free minimum
incomes, ?
shall be
punishable by imprisonment of ten to
fifteen years with the forfeiture of property.
Note: 1. For
the purposes of this Article, an unlawful appropriation of
a vehicle shall mean a willful unlawful taking of a vehicle from its
owner or
user against their will, for whatever purpose and by whatever means.
2.
Pursuant to paragraph 2 of this Article, a repeated act shall
mean any such act committed by a person who had previously unlawfully
appropriated a vehicle or committed any criminal offense created by
Articles
185, 186, 187, 189 to 191, and 262 of this Code.
Article
290. Obliteration, forgery or replacement of numbers on
parts and units of a vehicle
Obliteration,
forgery or replacement of the identification number,
engine number, chassis, or body of a vehicle, or replacement, without
permission of a competent authority, of plates with the identification
number
of a vehicle, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
Article
291. Violation of transport regulations
Violation
of transport regulations related to traffic safety,
where it caused death of people or any other grave consequences, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to five years, or imprisonment for a
term up
to five years.
Article
292. Endamagement of facilities on main pipelines for oil,
gas, or oil products
1.
Endamagement or destruction of main pipelines for oil, gas, or
oil products, or branch pipes, or any technologically related
facilities,
constructions, or automation, signal and communication devices, where
it
disrupts normal operation of such pipelines or exposes human lives to
danger, ?
shall be
punishable by a fine up to 100 tax-free
minimum incomes, or correctional labor for a term up to two years, or
restraint
of liberty for a term up to five years, or imprisonment for a term up
to five
years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or by a generally dangerous
method, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of three to
eight
years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if they caused death of people, or accidents involving people,
or
industrial accidents, or fire, or significant pollution of environment,
or any
other grave consequences, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Chapter
XII. CRIMINAL
OFFENSES AGAINST PUBLIC ORDER AND MORALITY
Article
293. Group violation of public order
Organizing
group actions that seriously disturb public order, or
significantly disrupt operations of public transport, any enterprise,
institution or organization, and also active participation therein,
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
Article
294. Riots
1.
Organizing riots accompanied with violence against any person,
riotous damage, arson, destruction of property, taking control of
buildings or
construction, forceful eviction of citizens, resistance to authorities
with the
use of weapons or any other things used as weapons, and also active
participation in riots,
shall be
punishable by imprisonment for a term
of five to eight years.
2. The
same actions that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
295. Calls to actions that pose a threat to the public
order
Public
calls to riotous damage, arson, destruction of property,
taking control of buildings or constructions, forceful eviction of
citizens,
where these actions pose a threat to the public order, and also
distributing,
making or storing any material of such content, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
Article
296. Hooliganism
1.
Hooliganism, that is a serious disturbance of the public order
based on motives of explicit disrespect to community in a most
outrageous or
exceptionally cynical manner, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2. The
same actions committed by a group of persons, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to three
years.
3. Any
such actions as provided for paragraphs 1 or 2 of this
Article, if committed by a person previously convicted of hooliganism,
or
accompanied with resistance to authorities or a member of the public
who
carried out the duty of keeping public order, or to any other citizens
who
acted to stop the hooligan actions, ?
shall be
punishable by imprisonment for a term
of two to five years.
4. Any
such actions as provided for by paragraph 1, 2 or 3 of this
Article, if committed with the use of firearms, or any cold arms, or
any other
thing specially adjusted or prepared in advance to cause bodily
injury, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
297. Vandalizing a grave
Vandalizing
a grave or any other burial place, or a corpse or a
funerary urn, and also stealing things from a burial place or a
corpse, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years, or imprisonment for the same
term.
Article
298. Spoiling, destruction or impairment of historical or
cultural monuments
1.
Willful spoiling, destruction of or impairment of historical or
cultural monuments, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same actions committed in respect of monuments of special
historical or cultural value, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by an official through abuse of office, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Article
299. Cruelty to animals
1. Abuse
of vertebrate animals based on cruel or hooligan motives,
and also setting such animals against one another based on hooligan or
mercenary motives, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
2. The
same actions committed in the presence of a young
child, ?
shall be
punishable by a fine up to 200
tax-free minimum incomes, or restraint of liberty for a term up to two
years.
Article
300. Importation, making or distribution of works that
propagandize violence and cruelty
1.
Importation into Ukraine for sale or distribution purposes, or
making, storage, transportation or other movement for the same
purposes, or
sale or distribution of works that propagandize violence and cruelty,
and also
compelling others to participate in creation of such works, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years, with the forfeiture of works
that
propagandize violence and cruelty and means of their making and
distribution.
2. The
same actions in regard to motion pictures and video films
that propagandize violence and cruelty, and also selling works that
propagandize violence and cruelty to minors or disseminating such works
among
minors, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
with the forfeiture of motion pictures and video films that
propagandize
violence and cruelty and means of their making and showing.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if repeated, or committed by a group of persons upon their
prior
conspiracy, and also compelling minors to participate in the creation
of works
that propagandize violence and cruelty, ?
shall be
punishable by imprisonment of three
to five years with the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years and
forfeiture of
works, motion pictures and video films that propagandize violence and
cruelty
and means of their making and showing.
Article
301. Importation, making, sale or distribution of
pornographic items
1.
Importation into Ukraine for sale or distribution purposes, or
making, transportation or other movement for the same purposes, or sale
or
distribution of pornographic images or other items, and also compelling
others
to participate in their making, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years, with the forfeiture of
pornographic
images or other items and means of their making and distribution.
2. The
same actions committed in regard to pornographic motion
pictures and video films, or computer programs, also selling
pornographic
images or other items to minors or disseminating such images and items
among
them, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or imprisonment for the same term, with the forfeiture of pornographic
motion
pictures and video films and means of their making and showing.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if repeated, or committed by a group of persons upon their
prior
conspiracy, and also compelling minors to participate in the making of
pornographic
works, images, motion pictures, video films, or computer
programs, ?
shall be
punishable by imprisonment of three
to seven years with the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years and
forfeiture of
pornographic items, motion pictures, video films, computer programs,
and means
of their making, dissemination and showing.
Article
302. Creating or running brothels and trading in
prostitution
1.
Creating or running brothels, and also trading in prostitution,
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to two
years.
2. The
same actions committed for gainful purposes, or by a person
previously convicted of this offense, or by an organized group, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by engaging a minor, ?
shall be
punishable by imprisonment for a term
of two to seven years.
Article
303. Prostitution or compelling to and engaging in
prostitution
1.
Systematic prostitution, that is gainful provision of sexual
services, ?
shall be
punishable by a fine of 50 to 500
tax-free minimum incomes, or community service for a term up to 120
hours.
2.
Compelling to or engaging in prostitution, that is to provide
sexual services for a fee by use of violence or threats of violence or
destruction or endamagement of property, or by blackmail or
deceit, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or arrest for a term up to six months, or
imprisonment for a term of one to three years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed in regard of a minor, or by an organized
group, ?
shall be
punishable by imprisonment for a term
of three to five years.
4.
Trading in prostitution, that is creating, leading or
participating in an organized group which supports activities related
to the provision
of paid sex services by males and females for gainful purposes, ?
shall be
punishable by imprisonment for a term
of five to seven years.
Article
304. Engaging minors in criminal activity
Engaging
minors in criminal activity, drinking alcohol, begging,
or gambling, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Chapter
XIII. CRIMINAL
OFFENSES RELATED TO THE CIRCULATION OF NARCOTICS, PSYCHOTROPIC
SUBSTANCES,
THEIR ANALOGUES OR PRECURSORS, AND OTHER OFFENSES AGAINST PUBLIC HEALTH
Article
305. Smuggling of narcotics, psychotropic substances,
their analogues or precursors
1.
Smuggling of narcotics, psychotropic substances, their
analogues or precursors, that is their movement across the customs
border of
Ukraine outside the customs control or by concealing from the customs
control, ?
shall be
punishable by imprisonment of three
to eight years with the forfeiture of smuggled narcotics or
psychotropic
substances, their analogues or precursors.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, and also where these actions
involved
especially dangerous narcotics or psychotropic substances, their
analogues or
precursors in large amounts, ?
shall be
punishable by imprisonment for a term
of five to ten years with the forfeiture of smuggled narcotics or
psychotropic
substances, their analogues or precursors, and forfeiture of property.
3.
Smuggling of narcotics, psychotropic substances, their
analogues or precursors committed by an organized group, and also where
smuggling involved narcotics or psychotropic substances, their
analogues or
precursors in especially large amounts, ?
shall be
punishable by imprisonment for the
term of eight to twelve years with the forfeiture of smuggled narcotics
or
psychotropic substances, their analogues or precursors, and forfeiture
of
property.
Note:
For the purposes of this Chapter, "large" and
"especially large" amounts of narcotics or psychotropic substances,
their analogues or precursors shall be determined by the relevant
health
authority.
Article
306. Use of proceeds from trafficking in narcotics,
psychotropic substances, their analogues and precursors
1.
Placing proceeds from trafficking in narcotics, psychotropic
substances, their analogues or precursors, into banks, enterprises,
institutions, organizations and their divisions, or purchasing
facilities and
property designated for privatization, or industrial and other
equipment, or
using these proceeds and property to continue trafficking in narcotics,
psychotropic substances, their analogues or precursors, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the forfeiture of property.
2. Any
such actions as provided for by paragraph 1 of this
Article, if repeated, or committed by a group of persons upon prior
conspiracy,
or in respect of gross amounts, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
Note: The
gross amount shall mean the amount that equals or exceeds 200
tax-free minimum incomes.
Article
307. Illegal production, making, purchasing, storage,
transportation, sending or sale of narcotics, psychotropic substances
or their
analogues
1.
Illegal production, making, purchasing, storage,
transportation, sending for selling purposes, and also illegal sale of
narcotics, psychotropic substances or their analogues, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2. The
same actions, if repeated, or committed by a group of
persons upon prior conspiracy, or by a person who had previously
committed any
of the criminal offenses created by Articles 308 to 310, 312, 314, 315
and 317
of this Code, or by engaging a minor, and also sale of narcotics,
psychotropic
substances or their analogues in places designated for educational,
sports, and
cultural purposes, and in other places of wide public attendance, or
sale or
transfer of these substances to places of imprisonment, or where these
actions
involved narcotics, psychotropic substances or their analogues in gross
amounts
or especially dangerous narcotics and psychotropic substances, ?
shall be
punishable by imprisonment for a term
of five to ten years with the forfeiture of property.
3. Any
such actions as provided for by paragraphs 1 and 2 of this
Article, if committed by an organized group, and also if these actions
involved
narcotics, psychotropic substances or their analogues in especially
gross
amounts, or committed by engaging a young child or in respect of a
young
child, ?
shall be
punishable by the imprisonment for a
term of eight to twelve years with the forfeiture of property.
Article
308. Stealing, appropriation, extortion of narcotics,
psychotropic substances or their analogues, or acquisition of same by
fraud or
abuse of office
1.
Stealing, appropriation, or extortion of narcotics,
psychotropic substances or their analogues, or acquisition of same by
fraud, ?
shall be
punishable by imprisonment for a term
of three to six years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or accompanied with violence not
dangerous
to the victim?s life or health, or threats of such violence, or by a
person who
had previously committed any of the criminal offenses created by
Articles 306,
307, 310, 312, 314, 315 and 317 of this Code, or committed in respect
of gross
amounts, and also acquisition of narcotics, psychotropic substances or
their
analogues by an official through abuse of office, ?
shall be
punishable by imprisonment for a term
of five to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed in respect of especially gross amounts, or by an
organized group, and also brigandism for the purpose of stealing of
narcotics,
psychotropic substances or their analogues, and also extortion of such
substances
accompanied with violence dangerous to life and health, ?
shall be
punishable by imprisonment for a term
of seven to twelve years with the forfeiture of property.
Article
309. Illegal production, making, purchasing, storage,
transportation or sending of narcotics, psychotropic substances or
their
analogues not for selling purposes
1.
Illegal production, making, purchasing, storage, transportation
or sending of narcotics, psychotropic substances or their analogues not
for
selling purposes
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment to the same term.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or by a person who had previously
committed any of the criminal offenses created by Articles 307, 308,
310 and
317 of this Code, or if these actions involved narcotics, psychotropic
substances or their analogues in gross amounts, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such actions as provided for by paragraphs 1 and 2 of this
Article, if committed by engaging a minor, and also if these actions
involved
narcotics, psychotropic substances or their analogues in especially
gross
amounts, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
310. Planting or cultivation of opium poppy or cannabis
1.
Illegal planting or cultivation of opium poppy or
cannabis, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2.
Illegal planting or cultivation of opium poppy or cannabis by a
person previously convicted under this Article, or who had previously
committed
any of the criminal offenses created by Articles 307, 309, 311 and 317
of this
Code, or committed by a group of persons upon their prior conspiracy
for
selling purposes, and also illegal planting or cultivation of five
hundred or
more plants of opium poppy or cannabis, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
311. Illegal production, making, purchasing, storage,
transportation or sending of precursors
1.
Illegal production, making, purchasing, storage, transportation
or sending of precursors for the purpose of using them for production
or making
of narcotics, or psychotropic substances, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same acts, if repeated, or committed by a group of persons
upon their prior conspiracy, or in respect of gross amounts, or for
selling
purposes, and also the illegal sale of precursors, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 1, if committed by
an organized group, or in especially gross amounts, ?
shall be
punishable by imprisonment for a term
of six to twelve years with the forfeiture of property.
Article
312. Stealing, appropriation, extortion of precursors, or
acquisition of precursors by fraud or abuse of office
1.
Stealing, appropriation, or extortion of precursors, or
acquisition of precursors by fraud, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or imprisonment for a term up to three years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or accompanied with violence not
dangerous
to the victim?s life or health, or threats of such violence, or
committed in
respect of gross amounts, and also acquisition of precursors by an
official
through abuse of office, ?
shall be
punishable by imprisonment for a term
of three to seven years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group, or in respect of
especially gross
amounts, and also brigandism for the purpose of stealing of precursors,
and
also extortion of precursors accompanied with violence dangerous to
life and
health, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
Article
313. Stealing, appropriation, extortion of equipment devised
for making of narcotic or psychotropic substances, or their analogues,
or
acquisition of such equipment by fraud or abuse of office, and other
unlawful
actions involving such equipment
1.
Stealing, appropriation, extortion of equipment devised for
making of narcotics, psychotropic substances or their analogues, or
acquisition
of such equipment by fraud, and also illegal making, purchasing,
storage,
transfer or sale of such equipment to other persons, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or by a person who had previously
committed any of the criminal offenses created by Articles 306, 312,
314, 315,
317 and 318 of this Code, and also acquisition of equipment devised for
making
of narcotics, psychotropic substances or their analogues, by an
official
through abuse of office, ?
shall be
punishable by imprisonment for a term
of two to six years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by an organized group or for the purpose of
making of
especially dangerous narcotics, psychotropic substances or their
analogues, and
brigandage for the purpose of stealing of equipment devised for making
narcotics, psychotropic substances or their analogues, and also
extortion of
such equipment accompanied with violence dangerous to life and
health, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the confiscation of property.
Article
314. Illegal injection of narcotics, psychotropic
substances or their analogues
1.
Illegal injection of narcotics, psychotropic substances or
their analogues in the body of another person against his/her
will, ?
shall be
punishable by imprisonment for a term
of two to five years.
2. The
same actions, if they caused drug addiction of the victim,
or repeated, or committed by a person who had previously committed any
of the
criminal offenses created by Articles 306 to 312, and 314 to 318 of
this Code,
or committed in respect of two or more persons, or where they caused
medium
grave or grave bodily injury to the victim, ?
shall be
punishable by imprisonment for the
term of three to ten years.
3. Any
such actions as provided for by paragraphs 1 or 2 of this
Article, if committed in respect of a minor or a person in helpless
condition
or a pregnant women, or involving an injection of especially dangerous
narcotics, psychotropic substances or their analogues into the body of
another
person, and also if these actions caused death of the victim, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
315. Inducement to use narcotics, psychotropic substances
or their analogues
1.
Inducement of any person to use narcotics, psychotropic
substances or their analogues, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of two to five
years.
2. The
same action, if repeated, or committed in respect of two or
more persons, or in respect of a minor, or by a person who had
previously
committed any of the criminal offenses created by Articles 307, 308,
310, 314,
and 317 of this Code, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
316. Illegal use of narcotics in public
1.
Illegal use of narcotics in public or committed by a group of
persons in places designated for educational, sport and cultural
purposes, and
in other places of wide public attendance, ?
shall be
punishable by restraint of liberty
for a term up to four years, or imprisonment for a term up to three
years.
2. The
same actions, if repeated, or committed by a person who had
previously committed any of the criminal offenses created by Articles
307, 310,
314, 315, 317 and 318 of this Code, ?
shall be
punishable by imprisonment for a term
of three to five years.
Article
317. Organizing or running places for illegal use,
production or making of narcotics, psychotropic substances or their
analogues
1.
Organizing or running places for illegal use, production or
making of narcotics, psychotropic substances or their analogues, and
also
providing any premises for this purpose, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. The
same actions, if repeated, or committed for mercenary
motives, or by a group of persons, or by engaging a minor, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the forfeiture of property.
Article
318. Illegal making, forgery, use or sale of forged
documents authorizing the receipt of narcotics, psychotropic substances
or
precursors.
1.
Illegal making, forgery, use or sale of forged or illegally
obtained documents authorizing the receipt of narcotics, psychotropic
substances or precursors designated for production or making of such
narcotics
or substances, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same actions, if repeated, or committed by a group of persons
upon their prior conspiracy, or by a person who had previously
committed any of
the criminal offenses created by Articles 306 to 317 of this
Code, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
319. Illegal making of a prescription authorizing the
purchase of narcotics or psychotropic substances
1.
Illegal making of a prescription authorizing the purchase of
narcotics or psychotropic substances for mercenary motives or any other
personal interests, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
2. The
same action, if repeated, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
320. Violation of rules related to circulation of narcotics,
psychotropic substances, their analogues or precursors
1.
Violation of rules on planting or cultivation of opium poppy or
cannabis, and also violation of rules on production, making, storage,
inventorying, dispensation, distribution, commercial sale,
transportation,
sending or use of narcotics, psychotropic substances, their analogues
or
precursors designated for production or making of such narcotics or
substances, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to four
years,
or imprisonment for a term up to three years, with the deprivation of
the right
to occupy certain positions or engage in certain activities for a term
up to
three years.
2. The
same actions, if repeated, or where they resulted in
shortage of narcotics, psychotropic substances, their analogues or
precursors
in gross amounts, or in stealing, appropriation, extortion of
narcotics,
psychotropic substances, their analogues or precursors by fraud or
abuse of
office, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or imprisonment for a term of three to five
years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
Article
321. Illegal production, making, purchasing,
transportation, sending, storage for selling purposes, or sale of
poisonous and
drastic substances
1.
Illegal production, making, purchasing, transportation,
sending, storage for selling purposes, or sale of poisonous and drastic
substances, other than narcotics, psychotropic substances or their
analogues,
and also any such actions in regard of any equipment devised for the
production
or making of poisonous or drastic substances, where these actions were
not duly
authorized, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or imprisonment for a term up to three years.
2.
Violation of rules related to production, making, purchasing,
storage, dispensation, inventorying, transportation or sending of
poisonous or
drastic substances, other than narcotics, psychotropic substances or
their
analogues, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or imprisonment for a term up to two years.
Article
322. Illegal organization or running of places for the use
of intoxicating substances
Illegal
organization or running of places for the use of
intoxicating medicines and substances, other than narcotics,
psychotropic
substances or their analogues, and also providing premises for this
purpose, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or imprisonment for a term up to three years.
Article
323. Inducement of minors to the use of dope
1.
Inducement of minors to the use of dope, ?
shall be
punishable by a fine 50 tax-free
minimum incomes, or by deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years.
2. The
same action, if repeated, or committed in respect of two or
more persons, or by a person who had previously committed any of the
criminal
offenses created by Articles 314, 315, 317 or 324 of this Code, ?
shall be
punishable by imprisonment for a term
up to two years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
up to five years.
Note: Dope
shall mean and substances and methods listed in index
prohibited by the Anti-dope Code of the Olympic Movement.
Article
324. Inducement of minors to the use of intoxicating
substances
Inducement
of minors to the use of intoxicating substances, other
than narcotics, psychotropic substances or their analogues, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
Article
325. Violation of rules related to combating epidemic
Violations
of rules related to the prevention of and combating
epidemic and other contagious diseases, where these actions caused or
could
knowingly cause a spread of these diseases, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
Article
326. Violation of rules related to handling of
microbiological or other biological agents or toxins
1.
Violation of rules related to storage, use, inventorying,
transportation of microbiological or other biological agents or toxins,
and any
other rules related to handling of same, where it caused the risk of
death of
people or any other grave consequences, or caused any harm to the
victim's
health, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with or without the
deprivation of the right to occupy certain positions and engage in
certain
activities for a term up to three years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by restraint of liberty
for a term up to 5 years, or imprisonment for the same term, with the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
327. Supply, processing or sale of food stuffs or other
products contaminated by radiation
1.
Supply, processing for selling purposes, or sale of food stuffs
or other products contaminated by radiation in excess of permissible
levels,
where it caused the risk of death of people or any other grave
consequences, or
caused any harm to the victim's health, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2.
Supply, processing for selling purposes, or sale of food stuffs
or other products contaminated by radiation in excess of permissible
level,
where it caused death of people or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years.
Chapter
XIV. CRIMINAL
OFFENSES RELATED TO THE PROTECTION OF STATE SECRETS, INVIOLABILITY OF
STATE
BORDERS, CONSCRIPTION AND MOBILIZATION
Article
328. Disclosure of state secrets
1.
Disclosure of information related to state secrets by a person,
to whom this information was entrusted or became available in
connection with
his/her official duties, provided that no elements of high treason or
espionage
were involved, ?
shall be
punishable by imprisonment for a term
of two to five years with or without the deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
329. Loss of documents that contain state secrets
1. Loss
of documents or any other physical media for secret
information that contain state secrets, and also any items that
represent state
secrets by a person, to whom they were entrusted, where such loss
resulted from
the violation of regulations established by law with regard to the
handling of
any such documents and other physical media for secret information or
items, ?
shall be
punishable by imprisonment for a term
up to three years with or without the deprivation of the right to
occupy
certain positions or engage in certain activities for a term up to
three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
330. Transfer or collection of confidential information
that belongs to the State
1.
Transfer or collection of economic, scientific, technological
or other confidential information that belongs to the State for the
purpose of
transferring it to foreign businesses, institutions, organizations or
their
representatives by a person, to whom this information was entrusted or
became
available in connection with his/her official duties, provided that no
elements
of high treason or espionage were involved, ?
shall be
punishable by restraint of liberty
for a term up to three years or imprisonment for a term of two to five
years,
with or without the deprivation of the right to occupy certain
positions or
engage in certain activities for a term up to three years.
2. The
same actions committed for mercenary motives, or where they
caused any grave consequences for the State, or repeated, or committed
by a
group of persons upon their prior conspiracy, ?
shall be
punishable by imprisonment for a term
of four to eight years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
331. Illegal crossing of the state border
1.
Crossing of the state border of Ukraine in any manner beyond
the points of entry on the state border of Ukraine or at the points of
entry on
the state border of Ukraine but without appropriate documents or
permission, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2. The
same actions committed by a person previously convicted for
the same offense
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if accompanied with the used of weapons, ?
shall be
punishable by imprisonment for a term
of two to five years.
Note: This
Article shall not apply to cases of foreigners and stateless
persons arriving to Ukraine without appropriate documents or
permission, who
wish to use their right to asylum in accordance with the Ukrainian
Constitution, and also to obtain the refugee status, and cases of
Ukrainian
citizens who arrive to Ukraine without appropriate documents as victims
of
trafficking in human beings.
Article
332. Illegal movement of persons across the state border
of Ukraine
1.
Organizing of illegal movement of persons across the state
border of Ukraine, coordinating or facilitating any such actions by
advice,
instructions, provision of means or removal of obstacles, ?
shall be
punishable by imprisonment for a term
of two to five years with the forfeiture of transport or any other
means used
to commit the offense.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, ?
shall be
punishable by imprisonment for a term
of three to seven years with the forfeiture of means used to commit the
offense.
Article
333. Illegal exportation of raw material, materials,
equipment and technology for creation of weapons, and also military and
special
enginery
1.
Violation of established regulations on exportation, outside
Ukraine, of raw material, materials, equipment or technology that can
be used
for the creation of missile, nuclear, chemical or other types of
weapons, and
military and special enginery, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for the same term.
Article
334. Violation of international flights regulations
Flying
in or out of Ukraine without an appropriate permit, or
failure to follow the routes, places of landing, air ways, gates or
echelons
described in such permit, ?
shall be
punishable by a fine of 200 to 1000
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or imprisonment for the same term, with the forfeiture of the aircraft.
Article
335. Avoidance of conscription for active military service
Avoidance
of conscription for active military service, ?
shall be
punishable by restraint of liberty
for a term up to three years.
Article
336. Avoidance of mobilization
Avoidance
of mobilization, ?
shall be
punishable by imprisonment for a term
two to five years.
Article
337. Avoidance of military registration or special
assemblies
1.
Avoidance of military registration by a person bound to military
service after notification by an appropriate military
commissariat, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
2.
Avoidance of military training or special assemblies by a
person bound to military service, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or arrest for a term up to six months.
Chapter
XV. CRIMES
AGAINST THE AUTHORITY OF GOVERNMENT, LOCAL GOVERNMENT OR ASSOCIATIONS
OF
CITIZENS
Article
338. Outrage against state symbols
1.
Public outrage against the National Flag of Ukraine, the
National Coat of Arms of Ukraine or the National Anthem of
Ukraine, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
2.
public outrage against an officially installed or raised flag
or coat of arms of a foreign state, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
Article
339. Illegal hoisting of the National Flag of Ukraine at a
river or sea vessel
Hoisting
of the National Flag of Ukraine at a river or sea vessel
without the right to this Flag, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months.
Article
340. Illegal interference with the organization or holding
of assemblies, rallies, marches and demonstrations
Illegal
interference with the organization or holding of
assemblies, rallies, marches and demonstrations, where this act was
committed
by an official or with the use of physical violence, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to five years, or imprisonment for the same term.
Article
341. Capturing of government or public buildings or
constructions
Capturing
of buildings or constructions of government agencies,
local authorities, and associations of citizens, for the purpose of
unlawful
use of these buildings or constructions, or interference with normal
operations
of businesses, institutions or organizations, ?
shall be
punishable by arrest for a term of
six months, or restraint of liberty for a term up to three years, or
imprisonment for the same term.
Article
342. Resistance to a representative of public authorities,
law enforcement officer, a member of a community formation for the
protection
of public order, or a military servant
1.
Resistance to a representative of public authorities in the
execution of his/her official duty, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term of three years.
2.
Resistance to a law enforcement officer, a member of a public
formation for the protection of public order and state border, or a
military
servant in the execution of their duties related to the protection of
public
order, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to four years, or imprisonment for a term up
to two
years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, where the above persons were forced to patently illegal
actions by
violence or threats of violence, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of two to five
years.
Article
343. Interference with activity of a law enforcement
officer
1. Any
influence on a law enforcement officer for the purpose of
interfering with his official duty or obtaining any unlawful
decisions, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
2. The
same actions that precluded the prevention of a criminal
offense or apprehension of an offender, or were committed by an
official
through abuse of office, ?
shall be
punishable by the deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to five years, or arrest for a term up to six months, or imprisonment
for a
term up to four years.
Article
344. Interference with activity of a statesman
1. Any
unlawful influence on the President of Ukraine, the Chairman
of the Verkhovna Rada (Parliament) of Ukraine, a National Deputy
(Member of
Parliament) of Ukraine, the Prime Minister of Ukraine, a member of
Cabinet of
Ministers of Ukraine, the Human Rights Commissioner of the Verkhovna
Rada of
Ukraine or his/her representative, the Head or a member of the
Accounting
Chamber, the Head or a member of the Central Election Committee, the
Chairman
of the National Bank of Ukraine, a member of the National Broadcast
Council of
Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of
the
State Property Fund of Ukraine, the Head of the State Broadcast
Committee of
Ukraine for the purpose of preventing them from performance of their
official
duty or obtaining any unlawful decisions, ?
shall be
punishable by imprisonment for a term
up to three years.
2. The
same actions committed by an official through abuse of
office, ?
shall be
punishable by imprisonment for a term
of three to five years.
Article
345. Threats or violence against a law enforcement officer
1.
Threats of murder, violence, destruction or impairment of
property made in respect of a law enforcement officer, or his close
relatives
in connection with his official duties, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to three years, or imprisonment for the same term.
2.
Willful battery of, or infliction of minor or medium grave
bodily injury on a law enforcement officer or his close relatives, in
connection
with his/her official duties, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to six years.
3.
Willful infliction of grave bodily injury on a law enforcement
officer or his close relatives, in connection with his/her official
duties, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
4. Any
such actions as provided for by paragraph 1, 2 or 3 of this
Article, if committed by an organized group, ?
shall be
punishable by imprisonment for a term
of seven to fourteen years.
Article
346. Threats or violence against a statesman or a public
figure
1.
Threats of murder, impairment of health, destruction or
impairment of property, kidnapping or confinement made in respect of
the
President of Ukraine, the Chairman of the Verkhovna Rada (Parliament)
of
Ukraine, a National Deputy (Member of Parliament) of Ukraine, the Prime
Minister of Ukraine, a member of Cabinet of Ministers of Ukraine, the
Chairman
or a judge of the Constitutional Court of Ukraine or the Supreme Court
of
Ukraine or High Specialized Courts of Ukraine, the Procurator General
of
Ukraine, the Human Rights Commissioner of the Verkhovna Rada of
Ukraine, the
Head of the Accounting Chamber, the Chairman of the National Bank of
Ukraine,
or a leader of a political party, committed in relation to their
government or
public activity, ?
shall be
punishable by imprisonment for a term
up to five years.
2.
Willful infliction of medium grave or minor bodily injury on,
or battery of, or any other violent actions committed in respect of the
persons
named in paragraph 1 of this Article, in connection with their
government or
public activity, ?
shall be
punishable by imprisonment for a term
of four to seven years.
3.
Willful infliction of grave bodily injury on persons named in
paragraph 1 of this Article, in connection with their government or
public
activity, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
Article
347. Willful destruction or impairment of property owned
by a law enforcement officer
1.
Willful destruction or impairment of the property owned by a
law enforcement officer or his/her close relatives, in connection with
his/her
official duties, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, or
imprisonment for a term up to five years.
2. The
same actions committed by setting a fire, explosion or any
other generally dangerous method, or where they caused death of people
or any
other grave consequences, ?
shall be
punishable by imprisonment for a term
of six to fifteen years.
Article
348. Trespass against life of a law enforcement officer, a
member of a community formation for the protection of public order, or
a
military servant
Murder
or attempted murder of a law enforcement officer or his/her
close relatives in connection with his/her official duties, and also of
a
member of a community formation for the protection of public order, or
a
military servant in connection with their activities related to the
protection
of public order, ?
shall be
punishable by imprisonment for a term
of nine to fifteen years, or life imprisonment.
Article
349. Hostage taking of a representative of public
authorities or a law enforcement officer
Taking
or holding of a representative of public authorities, or a
law enforcement officer, or their close relatives as hostages for the
purpose
of making a public or any other institution, business or organization,
or any
official to take or refrain from any actions as a condition for release
of the
hostage, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
350. Threats or violence against an official or a citizen
who performs his/her public duty
1.
Threats of murder, grave bodily injury or destruction or
impairment of property by a generally dangerous method, made in respect
of an
official or his close relatives or a citizen who performs his/her
public duty,
where these acts are committed to preclude the activities of the
official or
the citizen who performs his/her public duty, or to change their nature
in the
interests of the persons who makes such threats, ?
shall be
punishable with arrest for a term up
to six months, or restraint of liberty for a term up to three years, or
imprisonment for a term up to two years.
2.
Willful battery of or infliction of minor or medium grave
bodily injury on an official or a citizen who performs his/her public
duty, in
connection with their official or public activities, and also any such
actions
committed in respect of their close relatives, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for the same term.
3.
Willful infliction of grave bodily injury on an official or a
citizen who performs his/her public duty, in connection with their
official or
public activities, and also such action committed in respect of their
close
relatives, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
351. Interference with activity of a National Deputy of
Ukraine or a deputy of a local council
1.
Failure of an official to comply with lawful requests of the
National Deputy of Ukraine or a deputy of a local council, raising any
simulated obstacles to their activities, or providing knowingly false
information to them, ?
shall be
punishable by a fine of 100 to 1,000
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2.
Failure of an official to comply with lawful requests of
Committees of the Verkhovna Rada (Parliament) of Ukraine or ad-hoc
investigation commissions of the Verkhovna Rada of Ukraine, raising any
simulated obstacles to their activities, or providing false
information, ?
shall be
punishable by a fine 500 to 2,000
tax-free minimum incomes, or restraint of liberty for a term up to five
years,
or deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Article
352. Willful destruction or impairment of property owned
by an official or a citizen who acts in discharge of his/her public duty
1.
Willful destruction or impairment of property owned by an
official or a citizen who acts in discharge of his/her public duty, in
connection with their official or public activity, and also any such
actions in
respect of their close relatives, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or arrest for a term up to six months, or
imprisonment for a term up to four years.
2. Any
such actions as provided for by paragraph 1 of this
Article, if committed by setting fire, explosion or by any other
generally
dangerous method, or where they caused death of people or any other
grave
consequences, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
353. Unauthorized assuming of an office or official title
Unauthorized
assuming of an office or official title accompanied
with any socially dangerous acts, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
Article
354. Receiving of illegal benefits by an employee of a
state enterprise, institution or organization
Illegal
receiving of any material consideration or benefits of a
significant amount, by way of extortion, by an employee of a state
enterprise,
institution or organization, who is not an official, in return for any
actions
or omission through abuse of his/her position at the enterprise,
institution or
organization, ?
shall be
punishable by the fine up to 70
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, or imprisonment for
a term
up three years.
Note: For the
purposes of this Article, illegal benefits of a significant
amount shall mean any illegal benefits which equal or exceed 2 tax-free
minimum
incomes.
Article
355. Compulsion to meet or neglect civil obligations
1.
Compulsion to meet or neglect civil obligations, that is a
demand to meet or neglect any contractual or other civil obligations by
threats
of violence in respect of the victim or his/her close relatives, or
impairment
or destruction of their property, where no elements of extortion are
involved, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
imprisonment
for a term up to two years.
2.
Compulsion to meet or neglect any civil obligations, if
repeated, or committed by a group of persons upon their prior
conspiracy, or
accompanied with threats of murder or infliction of grievous bodily
injury, or
accompanied with violence not dangerous to the life and health, or
impairment
or destruction of property, ?
shall be
punishable by imprisonment of three
to five years.
3.
Compulsion to meet or neglect any civil obligations, if
committed by an organized group, or accompanied with violence dangerous
to life
and health, or where it caused any significant damage or any other
grave
consequences, ?
shall be
punishable by imprisonment for a term
of four to eight years.
Article
356. Unauthorized action
Unauthorized
action, that is doing anything contrary to the rules
established by law, where the lawfulness of such acts is challenged by
an
individual citizen, an enterprise, institution or organization, and
where such
acts caused any significant damage to the interests of a citizen, state
and
public interests, or interests of the owner, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to three months.
Article
357. Stealing, appropriation, or extortion of documents,
stamps and seals, or acquiring them by fraud or abuse of office, or
endamagement of same
1.
Stealing, appropriation, or extortion of official documents,
stamps and seals, or acquiring them by fraud or abuse of office, or
willful
destruction, endamagement or concealment of same, and also any such
actions
committed in respect of private documents at enterprises, institutions
or
organizations of any type of ownership, and committed for mercenary
motives or
for any other personal benefit, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or restraint of liberty for a term up to
three years.
2. The
same acts that disrupted the work of an enterprise,
institution or organization, or where committed with regard to
especially
important documents, stamps or seals, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment for the same term.
3.
Illegal acquiring of a passport or any other important personal
document by any means, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to three months, or
restraint
of liberty for a term up to three years.
Article
358. Forgery of documents, stamps, seals or letterheads,
and sale or use of forged documents
1.
Forgery of an identification card or any other document issued
or certified by an enterprise, institution, organization, individual
entrepreneur,
private notary, auditor or any other person authorized to issue or
certify such
documents, or any document that grants any rights or discharges from
any
obligations, for the purpose of using it by the forger or any other
person, or
sale of any such document, and also making of forged stamps, seals or
letterheads of enterprises, institutions or organizations of any type
of
ownership, and any other official stamps, seals and letterheads for the
same
purpose, and sale of the same, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years.
2. Any
such actions as provided for by paragraph 1 of this
Article, if repeated, or committed by a group of persons upon their
prior
conspiracy, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
3. The
use of a knowingly forged document, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up two years.
Article
359. Illegal use of special technology for secret
obtaining of information
1.
Unlawful use of special technology for secret obtaining of
information, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of liberty for a term up to four
years,
or imprisonment for the same term.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or by an organized group, or if
they
caused any substantial damage to legally protected rights, freedoms and
interests of individual citizens, or state and public interests, or
interests
of individual legal entities, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
360. Willful endamagement of communication lines
Willful
endamagement of cable, radio-relay or air communication
lines, wire communications, or any facilities and equipment comprised
by the
former, where it caused a temporary disruption of communication, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional labor for a term up to one
year, or
restraint of liberty for a term up to two years.
Chapter
XVI. CRIMINAL
OFFENSES AGAINST COMPUTERS, COMPUTER SYSTEMS AND NETWORKS
Article
361. Willful interference with the operation of computers,
computer systems and networks
1.
Unlawful interference with the operation of computers, computer
systems or networks that resulted in confusion or destruction of
computer
information or information media, and also dissemination of computer
viruses by
means of software or hardware devised for unlawful penetration into
computers,
computer systems or networks and capable of confusing or destroying
computer
information or information media, ?
shall be
punishable by a fine up to 70
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for the same term.
2. The
same actions that caused any significant damage, or
repeated, or committed by a group of persons upon their prior
conspiracy,
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of three to
five years.
Article
362. Stealing, appropriation, extortion of computer
information or acquisition of such information by fraud or abuse of
office
1.
Stealing, appropriation, extortion of computer information or
acquisition of such information by fraud or abuse of office, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, ?
shall be
punishable by a fine of 100 to 400
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
or imprisonment of the same term.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if they caused an significant damage, ?
shall be
punishable by imprisonment of two to
five years.
Article
363. Violation of rules related to the operation of
computer systems
1.
Violation of rules related to the operation of computers,
computer systems or networks, by a person responsible for their
operation,
where it resulted in stealing, confusion or destruction of computer
information,
means of information protection, or making unlawful copies of computer
information, or significant disruption in operation of computers,
computer
systems or networks, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or deprivation of the right to occupy certain
positions or engage in certain activities for a term up to five years,
or
correctional labor for a term up to two years.
2. The
same act that caused any significant damage, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes or by correctional labor up to two years, or
by
restraint of liberty for a term up to 5 years, with deprivation of the
right to
occupy certain positions or engage in certain activities for a term up
to three
years or without same.
Chapter
XVII. CRIMINAL
OFFENSES IN OFFICE
Article
364. Abuse of authority or office
1. Abuse
of authority or office, that is a willful use of
authority or official position contrary to the official interests by an
official for mercenary motives or other personal benefit or benefit of
any
third persons, where it caused any substantial damage to legally
protected
rights, freedoms and interests of individual citizens, or state and
public
interests, or interests of legal entities, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to three years, with the deprivation of the right
to
occupy certain positions or engage in certain activities for a term up
to three
years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of five to eight years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, of committed by a law enforcement officer, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
Note:
1.
Officials shall mean persons who permanently or temporary
represent public authorities, and also permanently or temporary occupy
positions in businesses, institutions or organizations of any type of
ownership, which are related to organizational, managerial,
administrative and
executive functions, or are specifically authorized to perform such
functions.
2.
Officials shall also mean foreigners or stateless persons who
perform the functions described in paragraph 1 of this Note.
3. For
the purposes of Articles 364, 365 and 367, significant
damage with reference to any pecuniary losses shall mean any damage
that equals
or exceeds 100 tax-free minimum incomes.
4. For
the purposes of Articles 364 to 367, grave consequences
with reference to any pecuniary losses shall mean any such consequences
that
equal or exceed 250 tax-free minimum incomes.
Article
365. Excess of authority or official powers
1.
Excess of authority or official powers, that is a willful
commission of acts, by an official, which patently exceed the rights
and powers
vested in him/her, where it caused any substantial damage to the
legally
protected rights and interest of individual citizens, or state and
public
interests, or interests of legal entities, ?
shall be
punishable by the correctional labor
for a term up to two years, or restraint of liberty for a term up to
five
years, or imprisonment for a term of two to five years, with the
deprivation of
the right to occupy certain positions or engage in certain activities
for a
term up to three years.
2.
Excess of authority or official powers accompanied with
violence, use of weapons, or actions that caused pain or were
derogatory to the
victim?s personal dignity, ?
shall be
punishable by imprisonment for a term
of three to eight years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of seven to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
366. Forgery in office
1.
Forgery in office, that is putting any knowingly false
information in any official documents, any other fabrication of
documents, and
also making and issuing knowingly false documents by an official, ?
shall
punishable by a fine up to 50 tax-free
minimum incomes, or restraint of liberty for a term up to three years,
with the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by the imprisonment for a
term of two to five years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
367. Neglect of official duty
1.
Neglect of official duty, that is the failure to perform or
improper performance, by an official, of his/her official duties due to
negligence, where it caused any significant damage to the legally
protected
rights and interest of individual citizens, or state and public
interests, or
interests of legal entities, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years, with the deprivation
of the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of two to five years with the deprivation of the right to occupy
certain positions
or engage in certain activities for a term up to three years and with
or
without a fine of 100 to 250 tax-free minimum incomes.
Article
368. Taking a bribe
1.
Taking a bribe of any kind, by an official, in return for
taking or refraining from any action for the benefit of the person that
gave
the bribe or for the benefit of any third person by means of authority
or
official powers entrusted in this official, ?
shall be
punishable by a fine of 750 to 1,500
tax-free minimum incomes, or imprisonment for a term of two to five
years, with
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2.
Taking a bribe of gross amount by an official who occupies a
responsible position, or by a group of persons upon their prior
conspiracy, or
if repeated, or accompanied with requests of a bribe, ?
shall be
punishable by imprisonment for a term
of five to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years
and
forfeiture of property.
3.
Receiving a bribe in especially great amount by an authorized
person in responsible position, or by a group of persons upon
proceeding
conspiracy, or if repeated, or accompanied by the extortion of a bribe,
is
punishable by the imprisonment for a term
of ten to fifteen years with the forfeiture of property and with the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
Note:
2.
Officials who occupy responsible positions shall mean persons
referred to in paragraph 1 of the Note to Article 364, whose positions
pursuant
to Article 25 of the Law of Ukraine "On Civil Service" are referred
to the third, forth, fifth and sixth categories, and also judges,
prosecutors
and investigators, heads and deputy heads of government and public
agencies,
local government organs, their divisions and units. Officials who
occupy
especially responsible positions shall mean persons referred to in
paragraph 1
of Article 9 of the Law of Ukraine "On Civil Service" and persons
whose positions are referred to the first and second categories
pursuant to
Article 25 of this Law.
3. For
the purposes of Articles 368 and 369 of this Code, a
repeated offense shall mean an offense committed by a person who had
previously
committed any of the criminal offenses created by these articles.
4.
Request of a bribe shall mean a demand of a bribe by an
official accompanied with a threat to take or refrain from any actions
through
abuse of authority or official position, which may cause any harm to
the rights
and legal interests of the person who gives the bribe, or willful
creation of
conditions, by an official, in which a person is compelled to give a
bribe to
prevent any harmful consequences to his/her rights and legal interests.
Article
369. Giving a bribe
1.
Giving a bribe, ?
shall be
punishable by a fine of 200 to 500
tax-free minimum incomes, or restraint of liberty for a term of two to
five
years.
2.
Repeated giving of a bribe, ?
shall be
punishable by the imprisonment for a
term of three to eight years with or without the forfeiture of property.
Article
370. Provocation of bribery
1.
Provocation of bribery, that is an intentional creation, by an
official, of circumstances and conditions that cause the giving or
taking of a
bribe, for the purpose of uncovering those who gave or took the
bribe, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of two to five
years.
2. The
same act committed by a law enforcement official, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Chapter
XVIII. CRIMINAL
OFFENSES AGAINST JUSTICE
Article
371. Knowingly unlawful apprehension, taking into custody
or arrest
1.
Knowingly unlawful apprehension or unlawful taking into
custody, ?
shall be
punishable by deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to five years, or to restraint of liberty for a term up to three years.
2.
Knowingly unlawful arrest or detention, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for the same term.
3 Any
such acts as provided for by paragraph 1 or 2 of this Article,
where these caused any grave consequences, or were committed for
mercenary
motives or any other personal benefit, ?
shall be
punishable by imprisonment of a term
of five to ten years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
372. Prosecution of a knowingly innocent person
1.
Criminal prosecution of a knowingly innocent person by an
investigator, prosecutor or any other person authorized by law, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
2. The
same act accompanied with charges of a grievous or special
grievous offense, and also accompanied with fabrication of prosecution
evidence
or any other falsification, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
373. Compelling to testify
1.
Compelling to testify during an interview by means of unlawful
actions of a person who conducts the interview or pretrial
investigation, ?
shall be
punishable by restraint of liberty
for a term up to three years, or imprisonment for the same term.
2. The
same actions accompanied with violence or insult in regard
to a person, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Article
374. Violation of the right to defense
1.
Failure to provide access to a defense attorney in a timely
manner, and also any other serious violation of the right of a
suspected,
accused or defendant to defense, if committed by a inquiring officer,
investigator, prosecutor or judge, ?
shall be
punishable by a fine of 300 to 500
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, with or without the deprivation of
the
right to occupy certain positions or engage in certain activities for a
term up
to three years.
2. The
same actions that resulted in conviction of an innocent
person, or committed by a group of persons upon their prior conspiracy,
or
where they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to seven years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
375. Delivery of a knowingly unfair sentence, judgment,
ruling or order by a judge (or judges)
1.
Delivery of a knowingly unfair sentence, judgment, ruling or
order by a judge (or judges), ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term of two to five
years.
2. The
same actions that caused any grave consequences, or
committed for mercenary motives or for any other personal
benefit, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
376. Interference with activity of judicial authorities
1. Any
interference with activity of a judge for the purpose of
preventing him form performance of his official duties or obtaining an
unlawful
judgment, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months.
2. The
same actions that precluded the prevention of a criminal
offence or apprehension of the offender, or committed by a person
through abuse
of office, ?
shall be
punishable by deprivation of the
right to occupy certain positions or engage in certain activities for a
term up
to five years, or arrest for a term up to six months, or imprisonment
for a
term up to three years.
Article
377. Threats or violence against a judge, assessor or
juror
1.
Threats of murder, violence, destruction or impairment of
property made in respect of a judge, assessor or juror, and also their
close
relatives, in connection with their activity related to the
administration of
justice, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to three years, or imprisonment for the same term.
2.
Willful battery of, or infliction of minor or medium grave
bodily injury on a judge, assessor, juror or heir close relatives, in
connection with their activity related to the administration of
justice, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for a term up to six years.
3.
Willful infliction of grave bodily injury on a judge, assessor,
juror or their close relatives, in connection with their activity
related to
the administration of justice, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
378. Willful destruction or impairment of property owned
by a judge, assessor or juror
1.
Willful destruction or impairment of property owned by a judge,
assessor or juror or their close relatives, in connection with their
activities
related to the administration of justice, ?
shall be
punishable by arrest for a term up to
six months, or imprisonment for a term up to five years.
2. The
same actions committed by setting fire, explosion, or any
other generally dangerous method, or where they caused death of people
or any
other grave consequences, ?
shall be
punishable by imprisonment for a term
of six to fifteen years.
Article
379. Trespass against life of a judge, assessor or juror
in connection with their activity related to the administration of
justice
Murder
or attempted murder of a judge, assessor, juror or their
close relatives, in connection with their activity related to the
administration of justice, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years, or life imprisonment.
Article
380. Failure to ensure safety of persons taken under
protection
Failure
to make a decision or making an untimely or insufficiently
grounded decision, and failure to take or untimely taking of measures,
which
are sufficient to ensure safety of court members, law enforcement
officers,
persons involved in criminal proceedings, members of their families and
their
close relatives, by an official of an agency responsible for safety of
the
above persons, where these acts caused any grave consequences, ?
shall be
punishable by imprisonment for a term
up to five years.
Article
381. Disclosure of information on safety measures in
respect of a person taken under protection
1.
Disclosure of information on safety measures in respect of a
person taken under protection, by an official who made decisions on
these
measures, a person who implements these decisions, or a person who
became aware
of these decisions due to his/her official position, and also by a
person taken
under protection, where these acts caused any harm to the health of a
person
taken under protection, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional labor for a term up to two
years, or
restraint of liberty for a term up to three years.
2. The
same actions that caused death of a person taken under
protection or any other grave consequences, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to five years, or
imprisonment for the same term.
Article
382. Failure to comply with a judgment
1.
Willful failure of an official to comply with a sentence,
judgment, ruling or order of a court, which has come into effect, or
preclusion
of their execution, ?
shall be
punishable by a fine of 500 to 1000
tax-free minimum incomes, or imprisonment for a term up to three years,
with
the deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
2. The
same actions committed by an official who occupies a
responsible or especially responsible position, or a person previously
convicted for the offense created by this Article, or where these
actions
caused any significant damage to legally protected rights and freedoms
of
citizens, state and public interests, or interests of legal
entities, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term, with
the
deprivation of the right to occupy certain positions or engage in
certain
activities for a term up to three years.
3.
Willful failure of an official to comply with the judgment of
the European Court of Human Rights, ?
shall be
punishable by imprisonment for a term
of three to eight years with the deprivation of the right to occupy
certain
positions or engage in certain activities for a term up to three years.
Article
383. Intended misreport of a criminal offense
1.
Intended misreport of a criminal offense to a court,
prosecutor, investigator, or inquiring body, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to three years, or imprisonment for a term up to
two
years.
2. The
same actions accompanied with accusation of a person in a
grave or special grave offense, or fabrication of prosecution evidence,
or
committed for mercenary motives, ?
shall be
punishable by restraint of liberty
for a term up to five years, or imprisonment for the same term.
Article
384. Knowingly false testimony
1. Any
knowingly false testimony by a witness or victim, or any
knowingly false opinion presented by an expert during the inquiry,
pretrial
investigation, investigation by an ad-hoc investigation commission or
an ad-hoc
special commission of the Verkhovna Rada (Parliament) of Ukraine, or in
court,
and also any knowingly false interpretation/translation made by an
interpreter/translator in the same cases, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
restraint of
liberty for a term up to two years.
2. The
same actions accompanied with accusations in a grave or
special grave offense, or with the fabrication of prosecution or
defense
evidence, and also committed for mercenary motives, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for a term up to five
years, or
imprisonment for a term of two to five years.
Article
385. Refusal of a witness to testify, or refusal of an
expert or interpreter/translator to perform their duties
shall be
punishable by a fine of 50 to 300
tax-free minimum incomes, or arrest for a term up to six months.
Article
386. Preclusion of appearance of a witness, victim or
expert, or compulsion to testify or give an opinion
Preclusion
of appearance of a witness, victim or expert before a
court, pretrial investigation authorities, ad-hoc investigation
commissions and
ad-hoc special commissions of the Verkhovna Rada of Ukraine, or inquiry
authorities, or compulsion of the above persons to testify or give an
opinion,
and also give any knowingly false testimony or opinion, by threats of
murder,
violence, destruction of property of these persons or their close
relatives, or
disclosure of defamatory information about them, or tampering with a
witness,
victim or expert for the same purposes, and also any threats to commit
any such
actions as a revenge for any previously presented testimony or
opinion, ?
shall be
punishable by a fine of 50 to 300
tax-free minimum incomes, or correctional labor for a term up to two
years, or
to arrest for a term up to six months.
Article
387. Disclosure of information on pretrial investigation
or inquiry
1.
Disclosure of information on preliminary investigation or
inquiry by a person who was notified, in a manner prescribed by law, of
his/her
obligation not to disclose any such information, provided that this
disclosure
was not authorized by a prosecutor, investigator, or a person who
conducted
inquiry or pretrial investigation, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or correctional labor for a term up to two
years.
2.
Disclosure of information on preliminary investigation or
inquiry by a judge, prosecutor, investigator, inquiry officer,
detective
officer, whether on not this person was directly involved in such
pretrial
investigation or inquiry, where this information defames a person,
derogates
his/her honor and dignity, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, with the deprivation of the right
to occupy
certain positions or engage in certain activities for a term up to
three years.
Article
388. Concealment of property
Concealment
of property which is to be forfeited, or is under
arrest, or has been inventoried, ?
shall be
punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or imprisonment for a term up to
two years.
Article
389. Avoidance of any punishment other than imprisonment
1.
Avoidance of fine or deprivation of the right to occupy certain
positions or engage in certain activities by a person on whom it was
imposed, ?
shall be
punishable by correctional labor for
a term up to two years, or restraint of liberty for the same term.
2.
Avoidance of community service or correctional labor by a
person on whom it was imposed, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years.
Article
390. Avoidance of restraint of liberty or imprisonment
1.
Unauthorized leaving of the place of restraint of liberty, or
persistent avoidance of work, or systematic violation of public order
or
established rules of residency, by a person sentenced to restraint of
liberty, ?
shall be
punishable by imprisonment for a term
up to three years.
2.
Failure of a person sentenced to restraint of liberty, who was
allowed to leave for a short period of time, to return to the place of
serving
the sentence by the end of the leave period, ?
shall be
punishable by restraint of liberty
for a term up to two years, or imprisonment for the same term.
3.
Failure of a person sentenced to imprisonment, who was allowed
to leave for a short period of time, to return to the place of serving
the
sentence by the end of the leave period, ?
shall be
punishable by imprisonment for a term
up to three years.
Article
391. Persistent disobedience to authorities of a
correctional institution
Persistent
disobedience to lawful requirements of authorities of a
correctional institution, or any other resistance to lawful actions of
such
authorities in discharge of their functions, by a person who serves a
sentence
of restraint of liberty or imprisonment, where that person had been
penalized
for his/her misconduct by placement in a separate cell or a more
restricted
regime of service within one year,
shall be
punishable by imprisonment for a term
up to three years.
Article
392. Disorganization of activity of correctional
institutions
Terrorization
of inmates or attacks on the authorities of
correctional institutions, and also creation of an organized group for
any such
purposes or active participation in that group, by persons who serve
their
sentence of imprisonment or restraint of liberty, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
393. Escape from a penitentiary institution or custody
1.
Escape from a penitentiary institution or custody by a person
who serves his/her sentence of imprisonment or arrest, or who is under
pretrial
detention, ?
shall be
punishable by imprisonment for a term
of three to five years.
2. The
same actions, if repeated, or committed by a group of
persons upon their prior conspiracy, or by a method dangerous to lives
and
health of other persons, or accompanied with capturing or use of
weapons, or
violence, or threats of violence, or undermining, and also with
endamagement of
technical security facilities, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
394. Escape from a specialized treatment facility
Escape
from a specialized treatment facility, or on the way to
it, ?
shall be
punishable by arrest for a term up to
six months, or imprisonment for a term up to two years.
Article
395. Violation of rules related to administrative
supervision
Unauthorized
leaving of a place of residence by a person for the
purpose of avoidance of administrative supervision, and also ungrounded
failure
of a person, who was placed under administrative supervision after
release from
a penitentiary institution, to arrive at the appointed time to the
determined
place of residence, ?
shall be
punishable by arrest for a term up to
six months.
Article
396. Concealment of a criminal offense
1.
Unpromised concealment of a grave or special grave criminal
offense, ?
shall be
punishable by arrest for a term up to
three months, or restraint of liberty for a term up to three years, or
imprisonment for the same term.
2.
Family members or close relatives of an offender, as determined
by law, shall not be subject to criminal liability for unpromised
concealment
of a criminal offense.
Article
397. Interference with activity of a defense attorney or
legal agent
1. Any
interference with lawful activity of a defense attorney or
legal agent, or violation of legal guaranties of their activity and
professional secrets, ?
shall be
punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional labor for a term up to two
years, or
arrest for a term up to six months, or restraint of liberty for a term
up to
three years.
2. The
same actions committed by a person through abuse of
office, ?
shall be
punishable by a fine of 300 to 500
tax-free minimum incomes, or restraint of liberty for a term up to
three years,
with the deprivation of the right to occupy certain positions or engage
in
certain activities for a term up to three years.
Article
398. Threats or violence against a defense attorney or
legal agent
1.
Threats of murder, violence, destruction or impairment of
property made in respect of a defense attorney or legal agent, and also
their
close relatives, in connection with their legal assistance, ?
shall be
punishable by arrest for a term up to
six months, or restraint of liberty for a term up to three years, or
imprisonment for the same term.
2.
Willful battery of, or infliction of minor or medium grave
bodily injury on a defense attorney or legal agent or heir close
relatives, in
connection with their legal assistance, ?
shall be
punishable by restraint of liberty
for a term of three to five years, or imprisonment for the same term.
3.
Willful infliction of grave bodily injury on the same persons,
in connection with their legal assistance, ?
shall be
punishable by imprisonment for a term
of seven to twelve years.
Article
399. Willful destruction or impairment of property owned
by a defense attorney or legal agent
1.
Willful destruction or impairment of property owned by a
defense attorney or legal agent or their close relatives, in connection
with
their legal assistance, ?
shall be
punishable by a fine of 50 to 100
tax-free minimum incomes, or arrest for a term up to six months, or
restraint
of liberty for a term up to three years, or imprisonment for the same
term.
2. The
same actions committed by setting fire, explosion, or any
other generally dangerous method, or where they caused damages in
especially
gross amount, ?
shall be
punishable by imprisonment for a term
of five to eight years.
2. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if they caused death of people, grave bodily injuries or any
other
grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
400. Trespass against life of a defense attorney or legal
agent in connection with their activity related to the administration
of
justice
Murder
or attempted murder of a defense attorney or legal agent or
their close relatives, in connection with their legal
assistance, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years, or life imprisonment.
Chapter
XIX. CRIMINAL
OFFENSES AGAINST THE ESTABLISHED PROCEDURE OF MILITARY SERVICE
(MILITARY
OFFENSES)
Article
401. Definition of a military offense
1.
Military offenses are the offenses created by this Chapter and
committed by military servants, and also registrants during their
training (or
checkup) or special sessions, in violation of the established procedure
of
military service.
2.
Appropriate articles of this Chapter establish the liability of
members of the Armed Forces of Ukraine, the Security Service of
Ukraine, the
Border Troops of Ukraine, Internal Troops of the Ministry of Internal
Affairs
of Ukraine, and other military formations established in compliance
with the
laws of Ukraine, and also other persons specified in the law.
3.
Persons not specified in this Article shall be criminally
liable for complicity in military offenses under appropriate articles
of this
Chapter.
4.
Persons, who committed a criminal offense created by this
Chapter, may be discharged from criminal liability under Article 42 of
this
Code subject to imposition of measures provided for by the Disciplinary
Statute
of the Armed Forces of Ukraine.
Article
402. Disobedience
1.
Disobedience, that is an open refusal to comply with orders of
a commander, and also any other willful failure to comply with
orders, ?
shall be
punishable by service restrictions
for a term up to two years, or custody in a penal battalion for a term
up to
two years, or imprisonment for a term up to three years.
2. The
same acts committed by a group of persons, or where they
caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to seven years.
3.
Disobedience committed in state of martial law or in a
battle, ?
shall be
punishable by imprisonment for a term of five to ten
years.
Article
403. Failure to comply with orders
1.
Failure to comply with orders of a commander upon absence of
elements specified in paragraph 1 of Article 402 of this Code, where it
caused
any grave consequences, ?
shall be
punishable by service restrictions
for a term up to two years, or custody in a penal battalion for a term
up to
one year, or imprisonment for a term up to two years.
2. The
same acts committed in state of martial law or in a
battle, ?
shall be
punishable by imprisonment for a term
of three to seven years.
Article
404. Resistance to a commander or coercion of a commander
into breaching the official duties
1.
Resistance to a commander or any other person acting in
discharge of military service duties, or coercion of these persons into
breaching their duties, ?
shall be
punishable by service restrictions
for a term up to two years, or detention in a disciplinary battalion
for a term
up to two years, or imprisonment for a term of two to five years.
2. The
same acts committed by a group of persons, or with the use
of weapons, or where they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if they were committed in state of martial law or in a
battle, ?
shall be
punishable by imprisonment for a term
of three to twelve years.
4. Any
such acts as provided for by paragraph 2 or 3 of this
Article, if they involved murder of a commander or any other person
acting in
discharge of military service duties, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years, or life imprisonment.
Article
405. Threats or violence against a commander
1.
Threats of murder, or causing bodily injury to or battery of a
commander, or threats of destruction of his/her property in connection
with his
military service duties, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for the same term.
2.
Bodily injury, battery or any other violent acts in respect of
a commander in connection with his/her military service duties, ?
shall be
punishable by imprisonment for a term
of two to seven years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed by a group of persons, or with the use of
weapons, or in
state of martial law or in a battle, ?
they are
punishable by imprisonment for a term
of five to fifteen years.
Article
406. Violation of statutory rules of conduct of military
servants not subordinated to each other
1.
Violation of statutory rules of conduct of military servants
not subordinated to each other, involving battery or any other
violence, ?
shall be
punishable by arrest for a term up to
six months, or custody in a penal battalion for a term up to one year,
or
imprisonment for a term up to three years.
2. The
same act committed in respect of a several persons, or
where it caused minor or medium grave bodily injury, or involved
humiliation or
debasement of a military serviceman, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for a term of two
to five
years.
3. Any
such acts as provided for in paragraph 1 or 2 of this
Article, if committed by a group of persons, or with the use of
weapons, or
where they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to ten years.
Article
407. Absence without leave from a military unit or place
of service
1.
Absence of an active military serviceman from a military unit
or place of service without leave, or failure to timely report for duty
without
a reasonable excuse after a leave, or upon appointment or reassignment,
or
failure to report for duty after a detached service, vacation or
treatment in a
medical facility for more than three days but less than one
month, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for a term up to
three
years.
2.
Absence of a military serviceman (other than in active service)
from a military unit or place of service without leave, or failure to
timely
report for duty without a reasonable excuse for more than ten days but
less
than one month, or for less than ten days but more than three days if
repeated
during one year, ?
shall be
punishable by a fine of 100 tax-free
minimum incomes or service restrictions for a term up to two years, or
imprisonment for a term up to three years.
3.
Absence of persons specified in paragraph 1 and 2 of this
Article from a military unit or place of service without leave, or
failure to
timely report for duty without a reasonable excuse for more than one
month, ?
shall be
punishable by imprisonment for a term
of two to five years.
4.
Absence from a military unit or place of service without leave,
or failure to timely report for duty without a reasonable excuse in
state of
martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
408. Desertion
1.
Desertion, that is the absence from a military unit or place of
duty without leave for the purpose of avoiding the military service, or
failure
to report for duty upon appointment or reassignment, after a detached
service,
vacation or treatment in a medical facility for the same purpose, ?
shall be
punishable by imprisonment for a term
of two to five years.
2.
Desertion with weapons or of a group of persons upon their
prior conspiracy, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Any
such act as provided for by paragraph 1 or 2 of this
Article, if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Article
409. Evasion of military service by way of self-maiming or
otherwise
1.
Evasion of military service by a military serviceman by way of
self-maiming or
malingering,
or forgery of documents, or any other deceit, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for the same term.
2.
Refusal to comply with the duties of military service, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2, if committed
in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
410. Stealing, appropriation, extortion or fraudulent
obtaining of weapons, ammunitions, explosive or other warfare
substances,
vehicles, military or special enginery, or abuse of office, by a
military
serviceman
1.
Stealing, appropriation, extortion or fraudulent obtaining of
weapons, ammunitions, explosive or other warfare substances, vehicles,
military
or special enginery by a military serviceman, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2. The
same actions committed by a military official with the
abuse of office, or repeated, or
committed
by a group of persons upon their prior conspiracy, or
where they causes any significant damage, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3. Any
such actions as provided for by paragraph 1 or 2 of this
Article, if committed in state of martial law or in a battle,
brigandism for
the purpose of taking possession of weapons, ammunitions, explosive or
other
warfare substances, vehicles, military or special enginery, and also
extortion
of these items accompanied with violence dangerous to the victim's life
and
health, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years.
Article
411. Willful destruction or engdamagement of munitions
1.
Willful destruction or endamagement of weapons, ammunitions,
vehicles, military or special enginery or any other munitions, ?
shall be
punishable by service restrictions
for a term up to two years, or custody in a penal battalion for the
same term,
or imprisonment for a term up to three years.
2. The
same actions committed by setting a fire or any other
generally dangerous method, or where they caused death of people or any
other
grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 2 of this Article,
if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
412. Negligent destruction or endamagement of munitions
1.
Negligent destruction or endamagement of weapons, ammunitions,
vehicles, military or special enginery or any other munitions, where it
causes
damage of gross amount, ?
shall be
punishable by a fine up to fifty
tax-free minimum incomes, or service restrictions for a term up to two
years,
or custody in a penal battalion for a term up to one year.
2. The
same acts that caused death of people or any other grave
consequences, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for a term up to
tree
years.
Article
413. Waste or loss of munitions
1. Sale,
pledge or giving for use ? by a military servant in
active service ? of articles of uniform or outfit provided to him/her
for
his/her personal use (waste), and also loss or destruction of these
articles
due to violation of safekeeping regulations, ?
shall be
punishable by arrest for a term up to
six months, or custody in a penal battalion for a term up to two years.
2. Loss
or destruction of weapons, ammunitions, vehicles, materiel
or any other munitions provided for official use, due to violation of
safekeeping regulations, ?
shall be
punishable by arrest for a term up to
six months, or custody in a penal battalion for a term up to two years,
or
imprisonment for the same term.
3. Any
such acts as provided for by paragraph 1 or 2 of this Article,
if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of two to five years.
Article
414. Violation of rules related to handling of weapons,
and also substances and objects of increased danger to the surroundings
1.
Violation of rules on handling of weapons, ammunitions,
explosive, radioactive and other substances and objects of increased
danger to
the surroundings, where it caused bodily injuries to the victim, ?
shall be
punishable by service restrictions
for a term up to two years, or custody in a penal battalion for the
same term,
or imprisonment for a term up to three years.
2. The
same act that caused bodily injuries to several persons or
death of the victim, ?
shall be
punishable by imprisonment for a term
of two to ten years.
3. Any
such act as provided by paragraph 1, where it caused death
to several persons or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of three to twelve years.
Article
415. Violation of rules related to driving or vehicle
operation
1.
Violation of rules related to driving or operation of warfare,
special or transport vehicles, where it caused medium grave or grave
bodily
injuries or death of a victim, ?
shall be
punishable by imprisonment for a term
of two to five years.
2. Any
such act as provided for by paragraph 1 of this Article,
where it caused death of several persons, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
416. Violation of rules related to flights or flight
training
Violation
of rules related to flights or flight training, and also
violation of rules of aircraft operation, which caused a crash or any
other
grave consequences, ?
shall be
punishable by imprisonment for a term
of five to fifteen years.
Article
417. Violation of navigation rules
Violation
of rules of navigation that caused death of people, loss
of a ship or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of five to fifteen years.
Article
418. Violation of statutory rules of guard or patrol duty
1.
Violation of statutory rules of guard or patrol duty, where it
resulted in grave consequences which should have been prevented by such
guard
or patrol duty, ?
shall be
punishable by restraint of liberty for
a term of two to five years, or imprisonment for the same term.
2. Any
such acts as provided for by paragraph 1 of this Article,
if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Article
419. Violation of statutory rules of border guard duty
1.
Violation of statutory rules of border guard duty by a member
of a unit guarding the border of Ukraine, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for a term up to
three
years.
2. Any
such acts as provided for by paragraph 1 of this Article,
if they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
Article
420. Violation of statutory rules of alert duty
1.
Violation of statutory rules of alert duty established for
timely detection and repelling of an sudden attack on Ukraine or for
the
protection and security of Ukraine, ?
shall be
punishable by imprisonment for a term
up to three years.
2. Any
such act as provided for by paragraph 1 of this Article, if
it caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
421. Violation of statutory rules of routine duty
1
Violation of statutory rules of routine duty by a person who was
on daily duty (other than on guard or watch duty) in a military unit,
where it
caused any grave consequences, prevention of which was a part of that
person?s
duty, ?
shall be
punishable by custody in a penal
battalion for a term up to two years, or imprisonment for a term up to
three
years.
2. The
same act committed in state of martial law or in a
battle, ?
shall be
punishable by imprisonment for a term
up to five years.
Article
422. Disclosure of military information that constitutes
state secret or loss of documents or material that contain any such
information
1.
Disclosure of military information that constitutes state
secret, where no elements of high treason are involved, ?
shall be
punishable by imprisonment for a term
of two to five years.
2. Loss
of documents or material that contain military information
that constitutes state secret or loss of things, the information on
which
constitutes state secret, by a person to whom they were entrusted,
where the
loss happens as a result of violation of rules related to handling of
any such
documents, material or things, ?
shall be
punishable by imprisonment for a term
of two to five years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if they caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
423. Abuse of authority or official position by a military
official
1.
Unlawful use of vehicles, buildings or other munitions,
unlawful use of a subordinate to provide personal services or services
to other
persons, and any other abuse of authority or official position
committed for
selfish motives or any other personal interest or interest of any third
persons, where it caused any significant damage, ?
shall be
punishable by a fine of fifty to one
hundred tax free minimum incomes, or service restrictions for a term up
to two
years, or imprisonment for a term up to three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to eight years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to twelve years.
Note:
(1)
Military officials shall mean any military commanders and any
other military servants who occupy, permanently or temporary, positions
related
to administrative or managerial functions, or are commissioned to
perform any
such duties by the command authority.
(2) In
Articles 423 to 426 of this Code, the significant damage
shall mean the damage that equals or exceeds 250 tax-free minimum
incomes,
provided the damage implies material losses, while the grave
consequences under
the same condition shall mean the damage that equals or exceeds 500
tax-free minimum
incomes.
Article
424. Excess of authority or official powers by a military
official
1.
Excess of authority or official powers by a military official,
that is willful actions that manifestly exceed the scope of rights or
authority
vested in this person ? except those provided for in paragraph 2 of
this
Article ? where these acts cause any significant damage, ?
shall be
punishable by restraint of liberty
for a term of two to five years, or imprisonment for the same term.
2. Use
of non-statutory measures of influence in respect of a
subordinate or excess of disciplinary authority that caused any
significant
damage, and also violence in respect of a subordinate, ?
shall be
punishable by imprisonment or three
to seven years.
3. Any
such acts as provided by paragraph 2 of this Article, if
committed with the use of weapons, and also the act envisaged by
paragraphs 1
or 2 of this Article, if it caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of five to ten years.
4. Any
such acts as provided for by paragraphs 1, 2 or 3 of this
Article, if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of eight to twelve years.
Article
425. Neglect of duty in military service
1.
Neglect of duty in military service that caused any significant
damage, ?
shall be
punishable by a fine up to 100
tax-free minimum incomes, or service restrictions for a term up to two
years,
or imprisonment for a term of three years.
2. The
same act that caused any grave consequences, ?
shall be
punishable by imprisonment for a term
of three to seven years.
3. Any
such acts as provided for by paragraph 1 or 2 of this
Article, if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of five to eight years.
Article
426. Omissions of military authorities
1.
Willful failure to prevent a crime committed by a subordinate,
or failure of a military inquiry authorities to institute a criminal
case
against a subordinate offender, and also willful failure of a military
official
to act in accordance with his/her official duties, if it caused any
significant
damage, ?
shall be
punishable by a fine of 50 to 200
tax-free minimum incomes, or service restrictions for a term up to two
years,
or imprisonment for a term up to three years.
2. The
same acts that caused any grave consequences, ?
is
punishable by the imprisonment for a term
of three to seven years.
3. Any
such acts as provided by paragraph 1 or 2 of this Article,
if committed in state of martial law or in a battle, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
427. Surrender or abandoning of means of war to an enemy
Surrender
of military forces to the enemy by a commander, to whom
they were entrusted, and also abandoning of fortifications, military or
special
enginery or any other means of war to the enemy not justified by the
battle
conditions, where it was done with no intent to aid the enemy, ?
shall be
punishable by imprisonment for a term
of three to ten years.
Article
428. Abandoning of a perishing ship of war
1.
Abandoning of a perishing ship of war by a commander who has
not fully discharged his/her duties or by a member of the crew without
the
commander?s appropriate order, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2. The
same act committed in state of martial law or in a
battle, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
429. Unauthorized leaving of a battlefield or refusal to
use weapons
Unauthorized
leaving of a battlefield during a battle or refusal
to use weapons in a battle, ?
shall be
punishable by imprisonment for a term
of five to ten years.
Article
430. Voluntary rendering oneself prisoner of war
Voluntarily
rendering oneself prisoner of war due to cowardice and
pusillanimity, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
431. Criminal actions of a prisoner of war
1.
Voluntarily participation of a prisoner of war in any works of
military importance or any other activities that may detrimental to
Ukraine or
its allies, where it involves no elements of high treason, ?
shall be
punishable by imprisonment for a term
of three to seven years.
2.
Violence or cruelty of a senior prisoner of war in respect of
other prisoners of war, ?
shall be
punishable by imprisonment for a term
of five to ten years.
3.
Actions taken by prisoner of war to the detriment of other
prisoners of war for selfish motives or to win indulgent treatment of
the enemy, ?
shall be
punishable by imprisonment for a term
up to three years.
Article
432. Marauding
Stealing
things of the killed or wounded persons at a battlefield
(marauding), ?
shall be
punishable by imprisonment for a term
of three to ten years.
Article
433. Violence against population in an operational zone
1.
Violence, unlawful destruction or taking of property under the
pretext of military necessity, which were committed in respect of
population in
an operational zone, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2.
Brigandism committed in respect of local population in an
operational zone, ?
shall be
punishable by imprisonment for a term
of seven to ten years.
Article
434. Ill treatment of prisoners of war
Repeatedly
ill treatment of prisoners of war, or any such
treatment combined with exceptional cruelty or committed in respect of
sick or
wounded persons, and also negligent performance of duty in respect of
sick or
wounded persons by persons required to provide medical treatment and
care to
them, where it involved no elements of a more grave criminal
offense, ?
shall be
punishable by imprisonment for a term
up to three years.
Article
435. Unlawful use or misuse of the Red Cross and Red
Crescent symbols
Carrying
the Red Cross and Red Crescent symbols in an operational
zone by persons not entitled to do so, and also misuse of flags or
signs of the
Red Cross and Red Crescent or the colors attributed to medical vehicles
in
state of martial law, ?
shall be
punishable by imprisonment for a term
up to two years.
Chapter
XX. CRIMINAL
OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL
ORDER
Article
436. Propaganda of war
Public
calls to an aggressive war or an armed conflict, and also
making of materials with calls to any such actions for distribution
purposes or
distribution of such materials, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to six months, or
imprisonment
for a term up to three years.
Article
437. Planning, preparation and waging of an aggressive war
1.
Planning, preparation or waging of an aggressive war or armed
conflict, or conspiring for any such purposes, ?
shall be
punishable by imprisonment for a term
of seven to twelve years
2.
Conducting an aggressive war or aggressive military
operations, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years.
Article
438. Violation of rules of the warfare
1. Cruel
treatment of prisoners of war or civilians, deportation
of civilian population for forced labor, pillage of national treasures
on
occupied territories, use of methods of the warfare prohibited by
international
instruments, or any other violations of rules of the warfare recognized
by
international instruments consented to by binding by the Verkhovna Rada
(Parliament) of Ukraine, and also giving an order to commit any such
actions, ?
shall be
punishable by imprisonment for a term
of eight to twelve years.
2. The
same acts accompanied with a murder, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years, or life imprisonment.
Article
439. Use of weapons of mass destruction
1. The
use of weapons of mass destruction prohibited by
international instruments consented to be binding by the Verkhovna Rada
of
Ukraine, ?
shall be
punishable by imprisonment for a term
of eight to twelve years.
2. The
same act that caused death of people or any other grave
consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years, or life imprisonment.
Article
440. Development, production, purchasing, storage,
distribution or transportation of weapons of mass destruction
Development,
production, purchasing, storage, distribution or
transportation of weapons of mass destruction prohibited by
international
instruments consented to be binding by the Verkhovna Rada of
Ukraine, ?
shall be
punishable by imprisonment for a term
of three to ten years.
Article
441. Ecocide
Mass
destruction of flora and fauna, poisoning of air or water
resources, and also any other actions that may cause an environmental
disaster, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years.
Article
442. Genocide
1.
Genocide, that is a willfully committed act for the purpose of
total or partial destruction of any national, ethnic, racial, or
religious
group by extermination of members of any such group or inflicting grave
bodily
injuries on them, creation of life conditions calculated for total or
partial
physical destruction of the group, decrease or prevention of
childbearing in the
group, or forceful transferring of children from one group to
another, ?
shall be
punishable by imprisonment for a term
of ten to fifteen years, or life imprisonment.
2.
Public calls to genocide, and also making any materials with
calls to genocide for the purpose of distribution, or distribution of
such
materials, ?
shall be
punishable by arrest for a term up to
six months, or imprisonment for a term up to five years.
Article
443. Trespass against life of a foreign state
representative
Trespass
against life of a foreign state representative or any
other person who enjoys international protection for the purpose of
influencing
the nature of their activity or activity of their states or
organizations, or
for the purpose of provoking a war or international complications, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years, or life imprisonment.
Article
444. Criminal offenses against internationally protected
persons and institutions
1.
Attacks on official premises or private accommodations of
internationally protected persons, and also kidnapping or confinement
of such
persons for the purpose of influencing the nature of their activity or
the
activity of their states or organizations, or for the purpose of
provoking a
war or international complications, ?
shall be
punishable by imprisonment for a term of three to eight
years.
2. A
threat to commit any such actions as provided for by
paragraph 1 of this Article, ?
shall be
punishable by correctional labor for
a term up to two years, or arrest for a term up to three months, or
restraint
of liberty for a term up to three years, or imprisonment for a term up
to two
years.
Article
445. Illegal use of symbols of Red Cross and Red Crescent
Illegal
use of symbols of Red Cross and Red Crescent, other than
in cases provided for by this Code, ?
shall be
punishable by a fine up to 50
tax-free minimum incomes, or arrest for a term up to six month.
Article
446. Piracy
1.
Piracy, that is the use of a vessel, whether armed or not, for
capturing any other sea or river vessel, and violence, robbery or any
other
hostile actions against the crew or passengers of such vessel, for the
purpose
of pecuniary compensation or any other personal benefits, ?
shall be
punishable by imprisonment for a term
of five to twelve years with the forfeiture of property.
2. The
same acts, if repeated, or where they caused death of
people or any other grave consequences, ?
shall be
punishable by imprisonment for a term
of eight to fifteen years with the forfeiture of property.
Article
447. Mercenaries
1.
Recruiting, financing, supplying and training of mercenaries
for the purpose of using them in armed conflicts of other states or
violent
actions aimed at overthrowing of government or violation of territorial
integrity, and also the use of mercenaries in war conflicts or
operations, ?
shall be
punishable by imprisonment for a term
of three to eight years.
2.
Participation in armed conflicts of other states for the
purpose of pecuniary compensation without authorization obtained from
appropriate government authorities, ?
shall be
punishable by imprisonment for a term
of five to ten years.
FINAL
AND TRANSITIONAL
PROVISIONS
Chapter I
1. This
Code shall enter into force on September 1, 2001.
2. As
this Code enters into force, the following legislation shall
lose its effect:
Criminal
Code of the Ukrainian Soviet Socialist Republic of
December 28, 1960 (hereinafter referred to as ?the 1960 CC?) (Vidomosti
Verkhovnoi Rady Ukrainskoi RSR, 1961, No. 2, p. 14) as amended;
Law of
the Ukrainian SSR "On Adoption of the Criminal Code of
the Ukrainian SSR" (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1961, No.
2,
p 14);
Articles
1, 2 and 5 of the Decree of the Presidium of the
Verkhovna Rada (Parliament) of Ukrainian SSR of April 20, 1990 "On
Liability
for actions breaching the public order and safety of citizens"
(Vidomosti
Verkhovnoi Rady Ukrainskoi RSR, 1990, No. 18, p. 278);
Decree
by the Presidium of the Verkhovna Rada of Ukrainian SSR of
December 26, 1990 "On Liability for Violation of the Procedures on the
Use
of Consumer Cards for Purchase of Goods and Other Official Documents"
(Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1991, No. 3, p. 13);
Article
3 of the Decree of the Presidium of Verkhovna Rada of
Ukrainian SSR of January 28, 1991 "On Liability for Violation of
Requirements Related to the Radiation Safety Regime, Procurement,
Processing
and Sale of Foodstuffs Contaminated by Radiation" (Vidomosti Verkhovnoi
Rady Ukrainskoi RSR, 1991, No. 11, p. 106);
Decree
by the Presidium of the Verkhovna Rada of Ukraine of
January 21, 1992 "On Liability for the Counterfeit of Nonexpendable
Coupons for Sale Purposes and Sale of Such Coupons" (Vidomosti
Verkhovnoi
Rady Ukrainy, 1992, No. 18, p. 246).
Chapter
II
1. The
following persons, who were sentenced under the 1960
Criminal Code of Ukraine for actions that entail no liability under
this Code,
shall be discharged from punishment (primary and additional) pursuant
to
paragraph 2 of Article 74 of this Code:
(a)
persons sentenced under paragraph 3 of Article
5 of the 1960 Criminal Code of Ukraine;
(b)
persons sentenced for preparation of a
criminal offense under paragraph 1 of Article 17 and relevant articles
of the
Special Part of the 1960 Criminal Code of Ukraine, if these criminal
offenses
are minor;
(c)
persons sentenced under Articles 1081,
110, 1341, 125, 126, 1472, 1473, 149,
154, 1552,
1553, 1555, 1556, 159, 169, 1763,
1832, 1834, 187, 1877, 1878,
189,
1891, 1931, 199, 202, 206 (paragraph 1), 2081,
2082, 2298, 237 of the 1960 Criminal Code of
Ukraine;
(d)
persons sentenced under paragraph 1 of
Article 133, Articles 147 (paragraph 1), 1483, 161
(paragraph 1),
1874, 1878, 192 (paragraph 3), 1961
(paragraph
1), 199 (paragraphs 1 and 2), 2071, 2272
(paragraph 1)
applied pursuant to the 1960 Criminal Code of Ukraine on condition that
prior
administrative penalties were imposed on these persons;
(e)
persons sentenced for criminal offenses
committed between 14 and 16 years of age and created by Articles 781,
97, 98,
106 (paragraph 1) of the 1960 Criminal Code of Ukraine;
(f)
persons sentenced under Article 186 of the
1960 Criminal Code of Ukraine (other than those sentenced for
unpromised in
advance covering up of a grave or special grave criminal offense), and
also
persons defined in paragraph 2 of Article 396 of this Code, sentenced
for the
unpromised in advanced covering up under Article 186 of the 1960
Criminal Code
of Ukraine;
(g)
persons sentenced under Decree by the
Presidium of the Verkhovna Rada of Ukrainian SSR of December 26, 1990
"On
Liability for Violation of the Procedures on the Use of Consumer Cards
for
Purchase of Goods and Other Official Documents" and Decree by the
Presidium of the Verkhovna Rada of Ukraine of January 21, 1992 "On
Liability for the Counterfeit of Nonexpendable Coupons for Sale
Purposes and
Sale of Such Coupons".
2. The
following shall be discharged from punishment:
(a)
persons sentenced for the first time to
imprisonment for minor criminal offenses committed under 18 years of
age
pursuant to paragraph 2 of Article 12 and paragraph 2 of Article 102 of
this
Code;
(b)
military servants sentenced to custody in
a penal battalion for a term up to six months;
(c)
persons sentenced under paragraph 1 of
Article 29 of the 1960 Criminal Code of Ukraine, who serve their
sentence in any
places other than the place of employment but at the area of their
residence,
and also persons sentenced to correctional labor without imprisonment
for a
term up to six months.
3. All
criminal cases instituted against persons, who committed
any criminal offenses created by the 1960 Criminal Code of Ukraine and
listed
in paragraph 1 of this Chapter, shall be dismissed.
4.
Persons serving their cumulative sentences, where they are
discharged from punishment for certain criminal offenses under
paragraph 1 of
this Chapter, shall continue to serve sentences imposed by a court for
any
other cumulated criminal offenses, if they have not completed to serve
them.
The imposed punishment may also be decreased in cases provided for by
paragraph
5 of this Chapter.
5. The
penalties imposed under the 1960 Criminal Code of Ukraine,
if they exceed the penalties of appropriate Articles of this Code above
the
maximum punishment thresholds prescribed by this Code, shall be reduced
pursuant to paragraph 3 of Article 74 of this Code. The punishment of
the
deprivation of the right to occupy certain positions or engage in
certain
activities, where imposed as additional, shall be reduced pursuant to
paragraph
1 of Article 55 of this Code to three years. The term of corrective
labor
imposed on minors shall be reduced pursuant to paragraphs two and three
of
Article 100 of this Code to one year, while the amount deducted from
their
salaries shall be reduced to 10 percent.
6.
Persons serving their sentences of imprisonment imposed by a
court for a term up to five years in colonies shall be regarded as such
that
serve the sentence of imprisonment provided for Article 61 of this
Code.
7.
Person deprived of parental rights pursuant to Article 38 of
the 1960 Criminal Code of Ukraine may be reinstated in their rights
only under
the procedures defined by the Marriage and Family Code of Ukraine.
Persons
sentenced to a punishment of public reprimand (Article 33 of the 1960
Criminal
Code of Ukraine) shall be regarded as such that have no conviction, if
their
conviction had not been canceled prior to the entry of this Code into
force.
8. The
judgments shall not be enforced in those parts that impose
forfeiture of property or fine, where the forfeited property had not
been
seized and sold, and the fine had not been exacted prior to the entry
of this
Code into force, if this Code does not provide for the forfeiture of
property
or fine for the same criminal offense.
9. As of
the day of the entry of this Code into force, any persons
regarded as especially dangerous recidivists under the 1960 Criminal
Code of
Ukraine shall no more be regarded as such. If these persons continue to
serve
their sentences, the judgments delivered in their regard shall be
modified in
the part where they are recognized as especially dangerous recidivists.
Where
necessary, the legal treatment of the committed criminal offenses shall
be
changed, and also the punishment shall be reduced pursuant to paragraph
3 of
Article 74 of this Code. If the persons mentioned in the first sentence
of this
paragraph have completed their sentences but have unrevoked conviction,
the
conviction of these persons shall be canceled under rules provided for
by
Articles 89 and 90 of this Code.
10. All
cases on criminal offenses of persons, who committed
embezzlement of state or collective property in respect of large or
especially
large amounts as prescribed by paragraph 4 of Article 81, paragraph 4
of
Article 82, paragraph 4 of Article 84, paragraph 2 of Article 86, and
Article
861 of the 1960 Criminal Code of Ukraine, shall be reviewed
to
decide on the replacement of legal treatment of actions of these
persons by
appropriate paragraphs and Articles of this Code (Articles 185, 186,
187, 190
and 191).
Penalties
imposed on persons convicted for embezzlement in respect
of large or especially large amounts under Articles 81, 82, 83, 84, 86
and 861
of the 1960 Criminal Code of Ukraine and have not served their
sentences, shall
be adjusted to punishments prescribed by sanctions of Articles 185,
186, 187,
190 and 191 of this Code, if the punishment imposed by a court for a
particular
criminal offense is heavier than the one prescribed by this Code.
11.
Rules established by the 1960 Criminal Code of Ukraine with
regard to the limitation periods, parole, mitigation, cancellation and
revocation of conviction shall apply to persons, who had committed
criminal
offenses prior to the entry of this Code into force, except where this
Code
lenifies the criminal liability of such persons.
12.
Where the imposed punishment is more lenient than the one
provided for by the law for the criminal offense committed prior to the
entry
of this Code, the court shall be guided by requirements of Article 44
of the
1960 Criminal Code of Ukraine.
13.
Where the punishment is imposed for cumulative offenses,
committed prior to the entry of this Code into force, Article 42 of the
1960
Criminal Code of Ukraine shall apply.
If at
least one of the cumulated criminal offenses was committed
after the entry of this Code into force, Article 70 or paragraph 2 of
Article
103 of this Code shall apply.
If a
person who serves a sentence commits any new criminal offense
after the entry of this Code into force, Article 71 or paragraph 2 of
Article
103 of this Code shall apply for the purposes of imposition of
cumulative
punishment.
14. When
deciding on releasing on probation any person who
committed any criminal offense after the entry of this Code into force,
the
court shall apply Articles 75 to 77 of this Code.
The
probation period shall be reduced to two years for
conditionally sentenced minors pursuant to paragraph 3 of Article 104
of this
Code, if the probation period determined by the court was above this
time
limit.
15.
Article 78 of this Code shall apply to persons sentenced to
imprisonment with suspended enforcement under Article 46 of the 1960
Criminal
Code of Ukraine.
16. If
persons, who have committed criminal offences prior to the
entry of this Code into force are discharged from criminal liability
and
punishment due to the change of circumstances or due to the fact that
the act
or the person that committed it lose their social dangerousness,
paragraph 1 or
2 of Article 50 of the 1960 Criminal Code of Ukraine shall be applied.
17.
Criminal offense committed by a person prior to the entry of
this code into force, and also any conviction of a person, which has
not been
cancelled or revoked pursuant to the procedure prescribed by law, shall
be
taken into account for the purpose of the legal treatment of any new
criminal
offense committed by that person, and also in other cases as prescribed
by this
Code.
18. In
deciding on the classification of criminal offenses created
by the 1960 Criminal Code of Ukraine, which have been committed prior
to the
entry of this Code into force, to minor, medium gravity, grave and
special
grave criminal offenses, Article 12 of this Code shall be applied, if
this
mitigates the criminal liability of persons who have committed criminal
offenses prior to the entry of this Code into force. In other cases,
relevant
provisions of the 1960 Criminal Code of Ukraine should be applied.
19. The
review of cases of persons who have been sentenced under
the 1960 Criminal Code of Ukraine, and also the dismissal of cases of
persons
who have committed criminal offenses prior to the entry of this Code
into force
and whose cases are pending in courts, pretrial investigation or
inquiry
authorities, shall be handled by a court.
20.
Authorities responsible for enforcement of sentences passed by
courts must provide appropriate materials on persons, who serve their
sentences, to courts.
21.
Matters referred to in paragraphs 3, 4, 6, 7, 9, 10, 15 of
this Chapter shall be reviewed by courts upon motion of the
administration of
the penitentiary institution or prosecutor in open court together with
the
prosecutor і and representative of the administration of the
penitentiary
institution if the case is reviewed upon their motion.
Ruling
of the court on these matters may not be appealed but may
be contested under the procedure of judicial supervision on general
grounds.
____________