Last modification: 04.06.21 11:14:38
|
|
|
CRIMINAL CODE OF UKRAINE |
(The Official Bulletin of the Verkhovna Rada (BVR), 2001, No. 25–26, Article 131)
{As amended by Laws
No. 2953-III of 17 January 2002, BVR, 2002, No. 17, Article 121
No. 3075-III of 07 March 2002, BVR, 2002, No. 30, Article 206
No. 430-IV of 16 January 2003, BVR, 2003, No. 14, Article 95
No. 485-IV of 06 February 2003, BVR, 2003, No. 14, Article 104
No. 662-IV of 03 April 2003, BVR, 2003, No. 27, Article 209
No. 668-IV of 03 April 2003, BVR, 2003, No. 26, Article 198
No. 669-IV of 03 April 2003, BVR, 2003, No. 26, Article 199
No. 744-IV of 15 May 2003, BVR, 2003, No. 29, Article 234
No. 850-IV of 22 May 2003, BVR, 2003, No. 35, Article 271
No. 908-IV of 05 June 2003, BVR, 2003, No. 38, Article 320
No. 1098-IV of 10 July 2003, BVR, 2004, No. 7, Article 46
No. 1130-IV of 11 July 2003, BVR, 2004, No. 8, Article 66
No. 1626-IV of 18 March 2004, BVR, 2004, No. 26, Article 361
No. 1723-IV of 18 May 2004, BVR, 2004, No. 36, Article 430}
{On certain provisions recognised as unconstitutional, refer to the Decision of the Constitutional Court
No. 15-rp/2004 of 02 November 2004}
{As amended by Laws
No. 2252-IV of 16 December 2004, BVR, 2005, No. 5, Article 119
No. 2276-IV of 21 December 2004, BVR, 2005, No. 6, Article 134
No. 2289-IV of 23 December 2004, BVR, 2005, No. 6, Article 139
No. 2308-IV of 11 January 2005, BVR, 2005, No. 6, Article 145
No. 2322-IV of 12 January 2005, BVR, 2005, No. 10, Article 187
No. 2456-IV of 03 March 2005, BVR, 2005, No. 16, Article 260
No. 2598-IV of 31 May 2005, BVR, 2005, No. 27, Article 359
No. 2734-IV of 06 July 2005, BVR, 2005, No. 33, Article 432
No. 2903-IV of 22 September 2005, BVR, 2006, No. 1, Article 4
No. 2984-IV of 18 October 2005, BVR, 2006, No. 2-3, Article 37
No. 3108-IV of 17 November 2005, BVR, 2006, No. 1, Article 18
No. 3169-IV of 01 December 2005, BVR, 2006, No. 12, Article 105
No. 3316-IV of 12 January 2006, BVR, 2006, No. 17, Article 147
No. 3423-IV of 09 February 2006, BVR, 2006, No. 26, Article 211
No. 3480-IV of 23 February 2006, BVR, 2006, No. 31, Article 268
No. 3504-IV of 23 February 2006, BVR, 2006, No. 33, Article 280
No. 170-V of 21 September 2006, BVR, 2006, No. 45, Article 443
No. 527-V of 22 December 2006, BVR, 2007, No. 11, Article 96
No. 534-V of 22 December 2006, BVR, 2007, No. 10, Article 91
No. 578-V of 11 January 2007, BVR, 2007, No. 13, Article 131
No. 698-V of 22 February 2007, BVR, 2007, No. 20, Article 282
No. 875-V of 05 April 2007, BVR, 2007, No. 29, Article 388
No. 966-V of 19 April 2007, BVR, 2007, No. 32, Article 412
No. 1071-V of 24 May 2007, BVR, 2007, No. 34, Article 447
No. 1111-V of 31 May 2007, BVR, 2007, No. 44, Article 512
No. 270-VI of 15 April 2008, BVR, 2008, No. 24, Article 236
No. 586-VI of 24 September 2008, BVR, 2009, No. 10-11, Article 137
No. 600-VI of 25 September 2008, BVR, 2009, No. 13, Article 154
No. 616-VI of 01 October 2008, BVR, 2009, No. 14, Article 167
No. 801-VI of 25 December 2008, BVR, 2009, No. 23, Article 278
No. 890-VI of 15 January 2009, BVR, 2009, No. 25, Article 311 –
the Law was recognised as unconstitutional under the Decision of the Constitutional Court
No. 20-rp/2009 of 10 September 2009
No. 894-VI of 15 January 2009, BVR, 2009, No. 26, Article 317
No. 1027-VI of 19 February 2009, BVR, 2009, No. 28, Article 368
No. 1125-VI of 17 March 2009, BVR, 2009, No. 30, Article 423
No. 1165-VI of 19 March 2009, BVR, 2009, No. 31, Article 458
No. 1166-VI of 19 March 2009, BVR, 2009, No. 31, Article 459
No. 1180-VI of 19 March 2009, BVR, 2009, No. 32-33, Article 485
No. 1254-VI of 14 April 2009, BVR, 2009, No. 36-37, Article 511
No. 1414-VI of 02 June 2009, BVR, 2009, No. 41, Article 600
No. 1441-VI of 04 June 2009, BVR, 2009, No. 42, Article 632
No. 1449-VI of 04 June 2009, BVR, 2009, No. 43, Article 640
No. 1452-VI of 04 June 2009, BVR, 2009, No. 44, Article 653
No. 1475-VI of 05 June 2009, BVR, 2009, No. 45, Article 683
No. 1508-VI of 11 June 2009, BVR, 2009, No. 46, Article 699
No. 1520-VI of 11 June 2009, BVR, 2009, No. 49, Article 732
No. 1616-VI of 21 August 2009, BVR, 2009, No. 50, Article 754
No. 1675-VI of 22 October 2009, BVR, 2010, No. 4, Article 28
No. 1707-VI of 05 November 2009, BVR, 2010, No. 5, Article 43
No. 1708-VI of 05 November 2009, BVR, 2010, No. 5, Article 44
No. 1819-VI of 20 January 2010, BVR, 2010, No. 10, Article 105
No. 1827-VI of 21 January 2010, BVR, 2010, No. 10, Article 108
No. 2258-VI of 18 May 2010, BVR, 2010, No. 29, Article 392
No. 2295-VI of 01 June 2010, BVR, 2010, No. 30, Article 399
No. 2338-VI of 15 June 2010, BVR, 2010, No. 32, Article 450
No. 2453-VI of 07 July 2010, BVR, 2010, No. 41-42, No. 43, No. 44-45, Article 529
No. 2457-VI of 08 July 2010, BVR, 2010, No. 48, Article 564
No. 2464-VI of 08 July 2010, BVR, 2011, No. 2-3, Article 11
No. 2518-VI of 09 September 2010, BVR, 2011, No. 4, Article 22
No. 2556-VI of 23 September 2010, BVR, 2011, No. 6, Article 42
No. 2677-VI of 04 November 2010, BVR, 2011, No. 19-20, Article 142
No. 2735-VI of 02 December 2010, BVR, 2011, No. 21, Article 144
No. 2742-VI of 02 December 2010, BVR, 2011, No. 22, Article 146
No. 2756-VI of 02 December 2010, BVR, 2011, No. 23, Article 160
No. 2808-VI of 21 December 2010, BVR, 2011, No. 25, Article 188
No. 2852-VI of 22 December 2010, BVR, 2011, No. 28, Article 253
No. 2924-VI of 13 January 2011, BVR, 2011, No. 31, Article 302
No. 2939-VI of 13 January 2011, BVR, 2011, No. 32, Article 314
No. 3186-VI of 05 April 2011, BVR, 2011, No. 42, Article 424
No. 3207-VI of 07 April 2011, BVR, 2011, No. 41, Article 414
No. 3267-VI of 21 April 2011, BVR, 2011, No. 44, Article 456
No. 3306-VI of 22 April 2011, BVR, 2011, No. 44, Article 471
under Code
No. 3393-VI of 19 May 2011, BVR, 2011, No. 48-49, Article 536
under Laws
No. 3454-VI of 02 June 2011, BVR, 2011, No. 50, Article 549
No. 3465-VI of 02 June 2011, BVR, 2011, No. 51, Article 580
No. 3571-VI of 05 July 2011, BVR, 2012, No. 5, Article 38
No. 3718-VI of 08 September 2011, BVR, 2012, No. 19-20, Article 168
No. 3795-VI of 22 September 2011, BVR, 2012, No. 21, Article 197
No. 3826-VI of 06 October 2011, BVR, 2012, No. 21, Article 203
No. 4016-VI of 04 November 2011, BVR, 2012, No. 25, Article 260
No. 4025-VI of 15 November 2011, BVR, 2012, No. 25, Article 263
No. 4452-VI of 23 February 2012, BVR, 2012, No. 50, Article 564
No. 4652-VI of 13 April 2012, BVR, 2013, No. 21, Article 208}
{For official interpretation of the Code, refer to the Decision of the Constitutional Court
No. 10-rp/2012 of 18 April 2012}
{As amended by Laws
No. 4837-VI of 24 May 2012, BVR, 2013, No. 15, Article 113
No. 4838-VI of 24 May 2012, BVR, 2013, No. 15, Article 114
No. 4955-VI of 07 June 2012, BVR, 2013, No. 18, Article 170
No. 5064-VI of 05 July 2012, BVR, 2013, No. 28, Article 299
No. 5065-VI of 05 July 2012, BVR, 2013, No. 28, Article 300
No. 5283-VI of 18 September 2012, BVR, 2013, No. 36, Article 481
No. 5284-VI of 18 September 2012, BVR, 2013, No. 37, Article 488
No. 5460-VI of 16 October 2012, BVR, 2014, No. 2-3, Article 41
No. 221-VII of 18 April 2013, BVR, 2014, No. 10, Article 119
No. 222-VII of 18 April 2013, BVR, 2014, No. 11, Article 131
No. 228-VII of 14 May 2013, BVR, 2014, No. 11, Article 133
No. 245-VII of 16 May 2013, BVR, 2014, No. 12, Article 178
No. 314-VII of 23 May 2013, BVR, 2014, No. 12, Article 183
No. 642-VII of 10 October 2013, BVR, 2014, No. 22, Article 773
No. 721-VII of 16 January 2014, BVR, 2014, No. 22, Article 801 that has ceased to be in force under Law No. 732-VII of 28 January 2014, BVR, 2014, No. 22, Article 811
No. 728-VII of 16 January 2014, BVR, 2014, No. 22, Article 808 that has ceased to be in force under Law No. 732-VII of 28 January 2014
No. 729-VII of 16 January 2014, BVR, 2014, No. 22, Article 809 that has ceased to be in force under Law No. 732-VII of 28 January 2014
No. 734-VII of 28 January 2014, BVR, 2014, No. 22, Article 813
No. 735-VII of 28 January 2014, BVR, 2014, No. 22, Article 814
No. 746-VII of 21 February 2014, BVR, 2014, No. 12, Article 188
No. 767-VII of 23 February 2014, BVR, 2014, No. 17, Article 593
No. 877-VII of 13 March 2014, BVR, 2014, No. 15, Article 326
No. 879-VII of 13 March 2014, BVR, 2014, No. 16, Article 582
No. 1170-VII of 27 March 2014, BVR, 2014, No. 22, Article 816
No. 1183-VII of 08 April 2014, BVR, 2014, No. 23, Article 867
No. 1194-VII of 09 April 2014, BVR, 2014, No. 25, Article 890
No. 1207-VII of 15 April 2014, BVR, 2014, No. 26, Article 892
No. 1261-VII of 13 May 2014, BVR, 2014, No. 28, Article 937
No. 1519-VII of 18 June 2014, BVR, 2014, No. 32, Article 1124
No. 1533-VII of 19 June 2014, BVR, 2014, No. 32, Article 1125
No. 1682-VII of 16 September 2014, BVR, 2014, No. 44, Article 2041
No. 1689-VII of 07 October 2014, BVR, 2014, No. 46, Article 2046
No. 1697-VII of 14 October 2014, BVR, 2015, No. 2-3, Article 12
No. 1698-VII of 14 October 2014, BVR, 2014, No. 47, Article 2051
No. 1700-VII of 14 October 2014, BVR, 2014, No. 49, Article 2056
No. 1702-VII of 14 October 2014, BVR, 2014, No. 50-51, Article 2057
No. 1703-VII of 14 October 2014, BVR, 2014, No. 45, Article 2045
No. 63-VIII of 25 December 2014, BVR, 2015, No. 6, Article 38
No. 71-VIII of 28 December 2014, BVR, 2015, No. 7-8, No. 9, Article 55
No. 77-VIII of 28 December 2014, BVR, 2015, No. 11, Article 75
No. 116-VIII of 15 January 2015, BVR, 2015, No. 13, Article 85
No. 158-VIII of 05 February 2015, BVR, 2015, No. 13, Article 92
No. 186-VIII of 12 February 2015, BVR, 2015, No. 16, Article 110
No. 191-VIII of 12 February 2015, BVR, 2015, No. 21, Article 133
No. 194-VIII of 12 February 2015, BVR, 2015, No. 16, Article 113
No. 198-VIII of 12 February 2015, BVR, 2015, No. 17, Article 118
No. 218-VIII of 02 March 2015, BVR, 2015, No. 17, Article 122
No. 222-VIII of 02 March 2015, BVR, 2015, No. 23, Article 158
No. 290-VIII of 07 April 2015, BVR, 2015, No. 26, Article 217
No. 317-VIII of 09 April 2015, BVR, 2015, No. 26, Article 219
No. 421-VIII of 14 May 2015, BVR, 2015, No. 29, Article 264
No. 576-VIII of 02 July 2015, BVR, 2015, No. 36, Article 360
No. 629-VIII of 16 July 2015, BVR, 2015, No. 43, Article 386
No. 716-VIII of 06 October 2015, BVR, 2015, No. 47, Article 436
No. 731-VIII of 08 October 2015, BVR, 2015, No. 49-50, Article 449
No. 743-VIII of 03 November 2015, BVR, 2015, No. 51, Article 472
No. 770-VIII of 10 November 2015, BVR, 2015, No. 49-50, Article 464
No. 835-VIII of 26 November 2015, BVR, 2016, No. 2, Article 17
No. 838-VIII of 26 November 2015, BVR, 2016, No. 2, Article 18
No. 889-VIII of 10 December 2015, BVR, 2016, No. 4, Article 43
No. 993–VIII of 04 February 2016, BVR, 2016, No. 12, Article 135
No. 1019-VIII of 18 February 2016, BVR, 2016, No. 11, Article 127
No. 1022-VIII of 15 March 2016, BVR, 2016, No. 13, Article 146
No. 1403-VIII of 02 June 2016, BVR, 2016, No. 29, Article 535
No. 1404-VIII of 02 June 2016, BVR, 2016, No. 30, Article 542
No. 1492-VIII of 07 September 2016, BVR, 2016, No. 43, Article 736 – provisions on the application of probation programmes shall come into force on 01 January 2018
No. 1540-VIII of 22 September 2016, BVR, 2016, No. 51, Article 833
No. 1638-VIII of 04 October 2016, BVR, 2016, No. 46, Article 779
No. 1666-VIII of 06 October 2016, BVR, 2016, No. 47, Article 800
No. 1774-VIII of 06 December 2016, BVR, 2017, No. 2, Article 25
No. 1791-VIII of 20 December 2016, BVR, 2017, No. 4, Article 42
No. 1798-VIII of 21 December 2016, BVR, 2017, No. 7-8, Article 50
No. 1952-VIII of 16 March 2017, BVR, 2017, No. 17, Article 205
No. 1977-VIII of 23 March 2017, BVR, 2017, No. 20, Article 240
No. 2046-VIII of 18 May 2017, BVR, 2017, No. 27-28, Article 313
No. 2052-VIII of 18 May 2017, BVR, 2017, No. 26, Article 297
No. 2059-VIII of 23 May 2017, BVR, 2017, No. 29, Article 315
No. 2063-VIII of 23 May 2017, BVR, 2017, No. 37, Article 379
No. 2119-VIII of 22 June 2017, BVR, 2017, No. 34, Article 370
No. 2120-VIII of 22 June 2017, BVR, 2017, No. 34, Article 371
No. 2136-VIII of 13 July 2017, BVR, 2017, No. 35, Article 376
No. 2147-VIII of 03 October 2017, BVR, 2017, No. 48, Article 436
No. 2205-VIII of 14 November 2017, BVR, 2017, No. 51-52, Article 448
No. 2213-VIII of 16 November 2017, BVR, 2017, No. 49-50, Article 444
No. 2227-VIII of 06 December 2017, BVR, 2018, No. 5, Article 34
No. 2292-VIII of 08 February 2018, BVR, 2018, No. 13, Article 72
No. 2334-VIII of 14 March 2018, BVR, 2018, No. 17, Article 150
No. 2427-VIII of 17 May 2018, BVR, 2018, No. 28, Article 232
No. 2447-VIII of 07 June 2018, BVR, 2018, No. 24, Article 212
No. 2475-VIII of 03 July 2018, BVR, 2018, No. 36, Article 272
No. 2505-VIII of 12 July 2018, BVR, 2018, No. 38, Article 280
No. 2531-VIII of 06 September 2018, BVR, 2018, No. 42, Article 327
No. 2539-VIII of 06 September 2018, BVR, 2018, No. 41, Article 321
No. 2581-VIII of 02 October 2018, BVR, 2018, No. 46, Article 371
No. 2599-VIII of 18 October 2018, BVR, 2018, No. 46, Article 374
No. 2617-VIII of 22 November 2018, BVR, 2019, No. 17, Article 71
No. 2628-VIII of 23 November 2018, BVR, 2018, No. 49, Article 399}
{On certain provisions recognised as unconstitutional, refer to the Decision of the Constitutional Court
No. 1-r/2019 of 26 February 2019}
{As amended by Laws
No. 2708-VIII of 25 April 2019, BVR, 2019, No. 22, Article 83
No. 2747-VIII of 06 June 2019, BVR, 2019, No. 29, Article 118
No. 39-IX of 10 September 2019, BVR, 2019, No. 40, Article 212
No. 101-IX of 18 September 2019, BVR, 2019, No. 40, Article 219
No. 124-IX of 20 September 2019, BVR, 2019, No. 46, Article 295
No. 140-IX of 02 October 2019, BVR, 2019, No. 47, Article 311
No. 198-IX of 17 October 2019, BVR, 2019, No. 50, Article 356
No. 263-IX of 31 October 2019, BVR, 2020, No. 2, Article 5
No. 284-IX of 12 November 2019, BVR, 2020, No. 2, Article 8
No. 361-IX of 06 December 2019, BVR, 2020, No. 25, Article 171
No. 402-IX of 19 December 2019, BVR, 2020, No. 20, Article 141
No. 404-IX of 19 December 2019, BVR, 2020, No. 35, Article 253
No. 409-IX of 19 December 2019, BVR, 2020, No. 27, Article 175
No. 418-IX of 20 December 2019, BVR, 2020, No. 28, Article 187
No. 524-IX of 04 March 2020, BVR, 2020, No. 38, Article 279
No. 530-IX of 17 March 2020, BVR, 2020, No. 16, Article 100
No. 540-IX of 30 March 2020, BVR, 2020, No. 18, Article 123
No. 556-IX of 13 April 2020, BVR, 2020, No. 19, Article 128
No. 600-IX of 13 May 2020, BVR, 2020, No. 39, Article 295
No. 619-IX of 19 May 2020, BVR, 2020, No. 39, Article 298}
{On certain provisions recognised as unconstitutional, refer to the Decision of the Constitutional Court
No. 7-r/2020 of 11 June 2020}
{As amended by Laws
No. 671-IX of 04 June 2020, BVR, 2020, No. 42, Article 343
No. 685-IX of 05 June 2020, BVR, 2020, No. 42, Article 350
No. 720-IX of 17 June 2020, BVR, 2020, No. 47, Article 408
No. 768-IX of 14 July 2020
No. 776-IX of 14 July 2020, BVR, 2020, No. 49, Article 442
No. 805-IX of 16 July 2020, BVR, 2020, No. 36, Article 273
No. 875-IX of 03 September 2020, BVR, 2020, No. 51, Article 483}
{On certain provisions recognised as unconstitutional, refer to the Decision of the Constitutional Court
No. 13-r/2020 of 27 October 2020}
{As amended by Laws
No. 1074-IX of 04 December 2020, BVR, 2021, No. 15, Article 131
No. 1231-IX of 16 February 2021
No. 1256-IX of 18 February 2021
No. 1292-IX of 02 March 2021
No. 1357-IX of 30 March 2021
No. 1366-IX of 30 March 2021}
{In the text of the Code, the words “Prosecutor General of Ukraine” have been replaced in all cases with the words “Prosecutor General” in the appropriate case under Law No. 1798-VIII of 21 December 2016}
{In the text of the Code, the words “psychiatric facility” have been replaced with the words “psychiatric care facility” in the appropriate case and number under Law No. 2205-VIII of 14 November 2017}
Article 1. Objectives of the Criminal Code of Ukraine
1. The objective of the Criminal Code of Ukraine is to provide legal protection of the rights and liberties of every human being and citizen, property, public order and public safety, the environment, and the constitutional order of Ukraine against criminal encroachments, to secure peace and safety of mankind, and also to prevent crime.
2. To this aim, the Criminal Code shall define which socially dangerous acts or omissions count as offences, and which punishments shall be imposed upon persons who commit them.
{Article 1 as amended by Law No. 2617-VIII of 22 November 2018}
Article 2. Grounds for criminal liability
1. Commission by a person of a socially dangerous act that has such elements of crime as provided for by this Code shall give grounds for criminal liability.
2. A person shall be deemed innocent of a crime and may not be criminally punished until his/her guilt is legally proven and found by a lawful sentence.
3. No one may be prosecuted more than once for one and the same offence.
{Article 1 as amended by Law No. 2617-VIII of 22 November 2018}
Section II
LAW ON CRIMINAL LIABILITY
Article 3. Ukrainian legislation on criminal liability
1. The Criminal Code of Ukraine based on the Ukraine and generally recognised principles and rules of international law shall be the Ukrainian legislation on criminal liability.
2. The Ukrainian laws on criminal liability, adopted after the effective date of this Code, shall be incorporated in this Code following its entry into force.
3. The criminality of any act as well as 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 Ukraine on criminal liability shall be consistent with provisions of existing international treaties, ratified by the Verkhovna Rada of Ukraine.
6. Amendments to the legislation of Ukraine on criminal liability shall be made only under laws amending this Code and/ or the criminal procedure legislation of Ukraine, and/or the legislation of Ukraine on administrative offences.
{Article 3 as amended by Laws No. 2617-VIII of 22 November 2018, No. 619-IX of 19 May 2020}
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 by the law itself, but not prior to the day of its publication.
2. The criminality and punishability, as well other criminal and legal consequences 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 offence shall be the time in which a person committed an act or omission stipulated by the law on criminal liability.
{Article 4 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 commutes criminal liability, shall be retroactive in time, that is it shall apply to persons who had committed respective acts before that law entered into force, including persons serving their sentence or those who have completed their sentence but have a conviction.
2. The law on criminal liability that criminalises an act or increases criminal liability or otherwise deteriorates the situation of a person shall not be retroactive in time.
3. The law on criminal liability, which partially commutes criminal liability or otherwise improves the situation of a person, and partially increases criminal liability or otherwise deteriorates the situation of a person, shall have retroactive effect only in the part that commutes criminal liability or otherwise improves the situation of a person.
4. Where the law on criminal liability has been amended several times since a person committed an act stipulated by this Code, the law that repeals criminality of an act or commutes criminal liability or otherwise improves the situation of a person shall be deemed retroactive.
{Article 5 as revised by Law No. 270-VI of 15 April 2008; as amended by Law No. 2617-VIII of 22 November 2018}
Article 6. The operation of the law on criminal liability with regard to offences committed in the territory of Ukraine
1. Any person who has committed an offence in the territory of Ukraine shall be criminally liable under this Code.
2. An offence shall be deemed committed in the territory of Ukraine if it has been initiated, continued, completed or discontinued in the territory of Ukraine.
3. An offence shall be deemed committed in the territory of Ukraine if the principal to such offence, or at least one of the accomplices, has acted in the territory of Ukraine.
4. Where a diplomatic agent of a foreign state or another citizen who, under the laws of Ukraine or international treaties, ratified by the Verkhovna Rada of Ukraine, is not criminally cognisable by a Ukrainian court commits an offence in the territory of Ukraine, the issue of his/her criminal liability shall be settled diplomatically.
{Article 6 as amended by Law No. 2617-VIII of 22 November 2018}
Article 7. The operation of the law on criminal liability in regard to offences committed by citizens of Ukraine or stateless persons outside Ukraine
1. Citizens of Ukraine and stateless persons permanently residing in Ukraine, who have committed offences outside Ukraine, shall be criminally liable under this Code, unless otherwise provided for by the international treaties of Ukraine, ratified by the Verkhovna Rada of Ukraine.
2. Where the persons referred to in part 1 of this Article undergo criminal punishment for the committed criminal offences outside Ukraine, they shall not be criminally liable for these criminal offences in Ukraine.
{Article 7 as amended by Law No. 2617-VIII of 22 November 2018}
Article 8. The operation of the law on criminal liability with regard to offences committed by foreign nationals or stateless persons outside Ukraine
1. Foreign nationals or stateless persons not residing permanently in Ukraine, who have committed criminal offences 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 grave or special grave offences against rights and freedoms of Ukrainian citizens or Ukraine as prescribed by this Code.
2. Foreign nationals or stateless persons who do not reside permanently in Ukraine shall also be liable in Ukraine under this Code if they have committed any criminal offence outside Ukraine provided for by Articles 368, 368-3, 368-4, 369 and 369-2 hereof in complicity with officials who are citizens of Ukraine or if they offered, promised, provided improper advantages to such officials, or accepted a proposal, a promise of improper advantages or received such advantage from them.
{Article 8 as amended by Laws No. 3316-IV of 12 January 2006, No. 1261-VII of 13 May 2014, No. 2617-VIII of 22 November 2018}
Article 9. Legal consequences of conviction outside Ukraine
1. A judgment passed by a foreign court may be taken into account where a citizen of Ukraine, a foreign national, or a stateless person have been convicted of a criminal offence committed outside Ukraine and have committed another criminal offence in the territory of Ukraine.
2. Pursuant to part 1 of this Article, the repetition of criminal offences, 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 offence, determination of punishment, in the discharge from criminal liability or punishment.
{Article 9 as amended by Law No. 2617-VIII of 22 November 2018}
Article 10. Resolving the issue of criminal liability of persons who are subject to criminal liability under the legislation of a foreign state and who reside in the territory of Ukraine, and the execution of sentences delivered by foreign courts or international judicial institutions
1. Citizens of Ukraine who have committed criminal offences outside Ukraine, shall not be extradited to a foreign state for criminal prosecution and committal for trial.
3. Foreign nationals or stateless persons residing in the territory of Ukraine who have committed crimes outside Ukraine may be extradited to a foreign state for criminal prosecution and committal for trial.
3. Ukraine may take over criminal proceedings in which the judiciary of a foreign state has not passed a sentence against citizens of Ukraine and foreign nationals residing in the territory of Ukraine who have committed crimes outside Ukraine, but who cannot be extradited to a foreign state or their extradition was denied, provided the act in connection with which the transfer of criminal proceedings has been requested is deemed a crime under this Code.
4. Execution in Ukraine of a sentence of a foreign court or international judicial institution shall be only possible provided the act as a result of which the sentence was passed is deemed a criminal offence under this Code or would be a criminal offence if committed in the territory of Ukraine.
{Article 10 as revised by Law No. 245-VII of 16 May 2013; as amended by Law No. 2617-VIII of 22 November 2018}
Section III
CRIMINAL OFFENCE, ITS TYPES AND STAGES
{Title of Section III as amended by Law No. 2617-VIII of 22 November 2018}
Article 11. Definition of a criminal offence
1. A criminal offence shall mean a socially dangerous culpable act (act or omission) prescribed by this Code and committed by an offender.
2. Although an act or omission may technically have any elements of an act provided for by this Code, it shall not be an offence if, due to its insignificance, it is not socially dangerous, that is it neither did nor could cause considerable damage to an individual or legal entity, society or the state.
{Article 11 as revised by Law No. 2617-VIII of 22 November 2018}
Article 12. Classification of criminal offences
1. Criminal offences shall be classified as minor crimes and crimes.
2. A minor crime shall mean an action (act or omission) provided for by this Code, for the commission of which the principal punishment shall be a fine not exceeding three thousand tax-free minimum incomes or other punishment other than imprisonment.
3. Crimes shall be classified as minor offences, grave offences and special grave offences.
4. A minor offence shall mean an action (act or omission) provided for by this Code, the commission of which shall be punishable by a fine not exceeding ten thousand tax-free minimum incomes or imprisonment for a term of up to five years.
5. A grave offence shall mean an action (act or omission) provided for by this Code, the commission of which shall be punishable by a fine not exceeding twenty-five thousand tax-free minimum incomes or imprisonment for a term of up to ten years.
6. A special grave offence shall mean an action (act or omission) provided for by this Code, the commission of which shall be punishable by a fine not exceeding twenty-five thousand tax-free minimum incomes, imprisonment for more than ten years or life imprisonment.
7. The severity of a crime, the commission of which shall be punishable by a fine and imprisonment provided at the same time, shall be determined based on the term of punishment as imprisonment provided for the respective crime.
{Article 12 as revised by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 13. Consummated and unconsummated criminal offences
1. A consummated criminal offence shall mean an offence that comprises all elements of a criminal offence as prescribed by the respective Article of the Special Part of this Code.
2. An unconsummated criminal offence shall mean the preparation for crime and criminal attempt.
{Article 13 as amended by Law No. 2617-VIII of 22 November 2018}
Article 14. Preparation for criminal offence
1. The preparation for a criminal offence shall mean choosing or adapting means and tools, or looking for accomplices, or conspiring for an offence, removing of obstacles to an offence, or otherwise intended conditioning of an offence.
2. Preparation for a criminal offence or crime for which Article of the Special Part of this Code provides for imprisonment for up to two years or more, or other, commuted, punishment, shall not entail criminal liability.
{Article 14 as amended by Law No. 2617-VIII of 22 November 2018}
1. A criminal attempt shall mean an action with direct intent (act or omission) made by a person and aimed directly at the commission of a criminal offence prescribed by the respective article of the Special Part of this Code, where this criminal offence has not been consummated for reasons beyond that person's control.
2. A criminal attempt shall be deemed consummated where a person has completed all such actions as he/she deemed necessary for the consummation of an offence, however, the offence was not completed for the reasons beyond that person's control.
3. A criminal attempt shall be deemed unconsummated where a person has not completed all such actions as he/she deemed necessary for the consummation of an offence for the reasons beyond that person's control.
{Article 15 as amended by Law No. 2617-VIII of 22 November 2018}
Article 16. Criminal liability for an unconsummated criminal offence
Criminal liability for the preparation for criminal offence 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 criminal offence.
{Article 16 as amended by Law No. 2617-VIII of 22 November 2018}
Article 17. Voluntary renunciation in an unconsummated criminal offence
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 realised that the criminal offence may be consummated.
2. A person who voluntarily renounced to consummate a criminal offence shall be criminally liable only if the actual act committed by that person comprised elements of any other offence.
{Article 17 as amended by Law No. 2617-VIII of 22 November 2018}
Section IV
CRIMINALLY LIABLE PERSON (CRIMINAL OFFENDER)
{Title of Section IV as amended by Law No. 2617-VIII of 22 November 2018}
1. A criminal offender shall mean a sane person who has committed a criminal offence at the age when criminal liability may rise under this Code.
2. A special criminal offender shall mean a sane person who has committed a criminal offence at the age when criminal liability may rise, if that offence may only be committed by a certain person.
3. Officials shall mean persons who permanently, temporarily or by special authority perform the functions of representatives of government authorities or local governments, as well as who permanently or temporarily hold positions in government authorities, local governments, enterprises, institutions or organisations related to the implementation of organisational and administrative or administrative and economic functions, or perform such functions under special authority, which a person is endowed with by a government authority, local government, central authority with special status, authorised body or authorised official of an enterprise, institution, organisation, court or law.
4. Officials shall also means officials of foreign states (persons holding positions in the legislative, executive or judicial body of a foreign state, including jurors, other persons performing state functions for a foreign state, in particular for a state body or state-owned enterprise), foreign arbitrators, persons authorised to resolve civil, commercial or labour disputes in foreign countries in the manner alternative to judicial, officials of international organisations (employees of an international organisation or any other person authorised by such organisation to act on its behalf), as well as members of international parliamentary assemblies Ukraine is a member of, and judges and officials of international courts.
{Article 18 as amended by Law No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Law No. 2617-VIII of 22 November 2018}
1. A person who was aware of and could control his/her acts (omissions) at the time of an offence shall be deemed criminally sane.
2. A person who at the time of a socially dangerous act, as prescribed by this Code, was in the state of insanity, that is he/she was not aware of or could not control his/her acts (omissions) due to chronic mental disease, or a temporary mental disorder, or feeble-mindedness, or any other morbid mental condition, shall not be criminally liable. Such person may be subjected to compulsory medical measures upon a court decision.
3. A person who committed a criminal offence in the state of sanity, but prior to the judgment lapsed into a mental disease which renders that person unaware of or unable to control his/her acts (omissions), shall not be criminally liable. Such person may be subjected to compulsory medical measures, and may be held criminally liable upon recovery.
{Article 19 as amended by Law No. 2617-VIII of 22 November 2018}
1. A person found partially insane by a court, that is a person who at the time of the criminal offence was not completely aware of and could not fully control his/her acts (omissions) because of his/her mental disorder, shall be criminally liable.
2. The partial insanity shall be taken into consideration by the court in the infliction of punishment and may warrant compulsory medical measures.
{Article 20 as amended by Law No. 2617-VIII of 22 November 2018}
Article 21. Criminal liability for offences committed under the influence of alcohol, drugs or other intoxicants or under the influence of medicines that affect concentration
A person who has committed a criminal offence in a state of alcohol, drug or other intoxication or under the influence of medicines that affect concentration shall be criminally liable.
{Article 21 as revised by Law No. 2617-VIII of 22 November 2018}
Article 22. Age of criminal liability
1. Persons who have reached the age of sixteen before the commission of a criminal offence shall be criminally liable.
2. Persons who have committed criminal offences at the age of fourteen to sixteen shall be criminally liable only for an intended murder (Articles 115–117), attempted murder 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 defence attorney or agent of any person in connection with their activity related to legal assistance, or a foreign representative (Articles 112, 348, 379, 400, 443), intended grievous bodily injury (Article 121, part 3 of Articles 345, 346, 350, 377, 398), intended bodily injury of medium gravity (Article 122, part 2 of Articles 345, 346, 350, 377, 398), sabotage (Article 113), gangsterism (Article 257), act of terrorism (Article 258), hostage taking (Articles 147 and 349), rape (Article 152), violence of sexual nature (Article 153), theft (Article 185, part 1 of Articles 262, 308), robbery (Articles 186, 262, 308), brigandism (Article 187, part 3 of Articles 262, 308), extortion (Articles 189, 262, 308), wilful destruction or endamagement of property (part 2 of Articles 194, 347, 352, 378, part 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 a vehicle (parts 2, 3 of Article 289), and hooliganism (Article 296).
{Article 22 as amended by Laws No. 2227-VIII of 06 December 2017, No. 2617-VIII of 22 November 2018}
Guilt shall mean a mental stance of a person with 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 shall be deemed direct where a person was conscious of the socially injurious nature of his/her action (act or omission), foresaw its socially injurious consequences, and wished them.
3. The intent shall be deemed indirect where a person was conscious of the socially injurious nature of his/her action (act 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 shall be deemed criminal presumption where a person anticipated that his/her action (act or omission) may have socially dangerous consequences but carelessly expected to avoid them.
3. Recklessness shall be deemed criminal negligence where a person did not anticipate that his/her action (act or omission) may have socially dangerous consequences, although ought to and could anticipate them.
{Article 25 as amended by Law No. 2617-VIII of 22 November 2018}
{Title of Section VI as amended by Law No. 2617-VIII of 22 November 2018}
Article 26. Definition of complicity
Criminal complicity shall mean the wilful co-participation of several criminal offenders in an intended criminal offence.
{Article 26 as amended by Law No. 2617-VIII of 22 November 2018}
Article 27. Types of accomplices
1. Organiser, abettor and accessory, together with a principal offender, shall be deemed accomplices in a criminal offence.
2. A principal offender (or co-principal offender) shall mean a person who, in association with other criminal offenders, has committed a criminal offence under this Code, directly or through other persons, who cannot be criminally liable, in accordance with the law, for what they have committed.
3. An organiser shall mean person who has organised a criminal offence (or criminal offences) or supervised its (their) preparation or commission. An organiser shall also mean a person who has created an organised group or criminal organisation, supervised it, funded it, or organised the covering up of the criminal activity of an organised group or criminal organisation.
4. An abettor shall mean a person who has induced any other accomplice to a criminal offence, by way of persuasion, subornation, threat, coercion or otherwise.
5. An accessory shall mean a person who has facilitated the commission of a criminal offence by other accomplices, by way of advice, instructions, or by supplying the means or tools, or removing obstacles, and also a person who promised in advance to cover up a criminal offence, 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 offence.
6. The concealment of a criminal offender, tools or means of a criminal offence, 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 hereof.
7. A promised failure to report a crime which is definitely known to be in preparation or in progress, prior to the consummation of such, shall not constitute complicity. Any such person shall be criminally liable only if the act so committed comprises the elements of any other criminal offence.
{Article 27 as amended by Law No. 2617-VIII of 22 November 2018}
Article 28. Criminal offence committed by a group of persons, or a group of persons upon their prior conspiracy, or an organised group, or a criminal organisation
1. A criminal offence shall be deemed to have been committed by a group of persons where several (two or more) principal offenders participated in that criminal offence, acting without prior conspiracy.
2. A criminal offence shall be deemed committed by a group of persons upon their prior conspiracy where it was jointly committed by several (two or more) persons who have conspired in advance, that is prior to the commencement of the offence, to commit it together.
3. A criminal offence shall be deemed to have been committed by an organised group where several persons (three or more) participated in its preparation or commission, who have previously established a stable association for the purpose of committing of this and other offence (or offences), and have been consolidated by a common plan with assigned roles designed to achieve this plan known to all members of the group.
4. A criminal offence shall be deemed committed by a criminal organisation where it was committed by a stable hierarchical association of several persons (five and more), members or structural units of which have organised themselves, upon their prior conspiracy, to jointly act for the purpose of directly committing of grave or special grave criminal offences by the members of this organisation, or supervising or coordinating criminal activity of other persons, or supporting the activity of this criminal organisation and other criminal groups.
{Article 28 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 29. Criminal liability of accomplices
1. A principal offender (or co-principals) shall be criminally liable under the Article of the Special Part of this Code, which stipulates the offence he/she has committed.
2. An organiser, abettor and accessory shall be criminally liable under the respective part of Article 27 and the Article (part of the Article) of the Special Part of this Code that provides for the offence committed by a principal offender.
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 hereof as the elements of a crime that affect the treatment of the principal offender's actions, shall be criminated only upon the accomplice who was conscious of such circumstances.
4. Should a principal offender commit an unconsummated criminal offence, 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 offender, provided there was no part of their intent in that act.
{Article 29 as amended by Law No. 2617-VIII of 22 November 2018}
Article 30. Criminal liability of organisers and members of an organised group or criminal organisation
1. An organiser of an organised group or criminal organisation shall be criminally liable for all the offences committed by the organised group or criminal organisation, given those offences were part of his/her intent.
2. Other members of an organised group or criminal organisation shall be criminally liable for the criminal offences prepared or committed with their participation, regardless of the role each of them had in such offences.
{Text of the Article 30 as amended by Law No. 2617-VIII of 22 November 2018}
Article 31. Voluntary renunciation of accomplices
1. In the event of a principal offenders (or co-principal’s) voluntary renunciation to commit a criminal offence, he/she (or they) shall not be criminally liable where the conditions prescribed by Article 17 of this Code are satisfied. In this event, other accomplices shall be criminally liable for the preparation of the criminal offence or the attempted offence that was voluntary renunciated by the principal offender.
2. An organiser, abettor or accessory shall not be criminally liable in the event of their voluntary renunciation, where they averted the offence or timely reported the preparation or commission of the offence to appropriate government authorities. The accessory's failure to supply the means and tools or remove obstacles for the offence shall also be regarded as his/her voluntary renunciation.
3. In the event of a voluntary renunciation of any accomplice, the principal offender shall be criminally liable for the preparation of the criminal offence or for the attempted offence depending on the stage at which his/her action was precluded.
{Article 31 as amended by Law No. 2617-VIII of 22 November 2018}
Section VII
REPETITION, CUMULATION OF CRIMINAL OFFENCES AND RECIDIVISM
{Title of Section VII as amended by Law No. 2617-VIII of 22 November 2018}
Article 32. Repetition of criminal offences
1. Repetition of criminal offences shall mean the commission of two or more offences, prescribed by the same Article or the same part of the Article of the Special Part hereof.
2. Repetition stipulated by part 1 of this Article shall not be present in commission of a continuing offence comprised of two or more similar acts connected by one criminal intent.
3. Committing two or more criminal offences provided for by different Articles of this Code shall be recognised as repetition only in cases prescribed in the Special Part hereof.
4. There shall be no repetition present, where a person was discharged from criminal liability for the previously committed criminal offence on the grounds provided for by law or where the criminal record for that criminal offence was cancelled or revoked, as well as after serving a sentence for a criminal offence.
{Article 32 as amended by Law No. 2617-VIII of 22 November 2018}
Article 33. Cumulation of criminal offences
1. Cumulation of criminal offences shall mean the commission of two or more offences by one person stipulated by different Articles or different parts of one Article of the Special Part of this Code, where that person has not been convicted of any of these offences. The offences with regard to which a person was discharged from criminal liability on the grounds prescribed by law shall not be taken into account.
2. In case of cumulation of criminal offences, each of them shall be classified under appropriate Article or part of the Article of the Special Part hereof.
{Article 33 as amended by Law No. 2617-VIII of 22 November 2018}
Recidivism shall mean the commission of a new intended criminal offence by a person who has a criminal record for another offence.
{Article 34 as amended by Law No. 2617-VIII of 22 November 2018}
Article 35. Legal consequences of repetition, cumulation and recidivism
Repetition, cumulation or recidivism shall be taken into account in the classification of criminal offences and infliction of punishment, and also in contemplating discharging from criminal liability and punishment in cases provided for by this Code.
{Article 35 as amended by Law No. 2617-VIII of 22 November 2018}
Section VIII
CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT
{Title of Section VIII as amended by Law No. 2617-VIII of 22 November 2018}
1. The necessary defence 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 defence are not exceeded.
2. Every person shall have the right to necessary defence notwithstanding any possibility to avoid a socially dangerous trespass or request assistance of other persons or authorities.
3. The excess of necessary defence 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 defence. The excess of necessary defence shall entail criminal liability only in cases specially stipulated by Articles 118 and 124 hereof.
4. A person shall not be subject to criminal liability where that person was not able, due to the heat of passion, to evaluate if the harm caused by that person was proportionate to the danger of the trespass or circumstances of defence.
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 defence and shall not entail criminal liability irrespective of the gravity of harm caused to the trespasser.
1. The misread defence shall mean actions resulting in a harm caused in the absence of any real socially dangerous trespass where the person, who misinterpreted the victim's actions, only mistakenly presumed the reality of such trespass.
2. The misread defence shall exclude any criminal liability for the harm caused only if the circumstances involved 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 defence justifiable under the circumstances of a real trespass, that person shall be criminally liable for the excess of necessary defence.
4. Where a person, under the circumstances, was not aware of, but ought to realise 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/her to appropriate government authorities and which were not in excess of what was necessary for such apprehension shall not be deemed criminal.
2. Any wilful infliction of grievous harm upon an offender clearly disproportionate to the danger of the trespass or circumstances involved in the apprehension of the offender shall be deemed 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 by Articles 118 and 124 hereof.
{Article 38 as amended by Law No. 2617-VIII of 22 November 2018}
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 offence, where the danger could not be prevented by other means and where the limits of extreme necessity were not exceeded.
2. Any wilful infliction of harm upon any legally protected interests, where such harm is larger than the harm thus prevented, shall be deemed to be in excess of extreme necessity.
3. A person shall not be criminally liable for exceeding the limits of extreme necessity where that person could not, as a result of heat of passion raised by the danger, evaluate if the harm caused was proportionate to such danger.
{Article 39 as amended by Law No. 2617-VIII of 22 November 2018}
Article 40. Physical or mental coercion
1. A person's act or omission that caused harm to legally protected interests shall not be deemed a criminal offence, where that person acted under direct physical coercion that rendered him/her unable to be in control of his/her actions.
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 39 as amended by Law No. 2617-VIII of 22 November 2018}
Article 41. Obeying an order or command
1. A person's act or omission that caused harm to legally protected interests shall be lawful where that person acted to obey a legal order or instructions.
2. An order or command shall be deemed lawful where it is duly issued by a respective person acting within his/her power 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.
3. A person shall not be criminally liable for disobeying a patently criminal order or command.
4. A person, who obeyed a patently criminal order or command, shall be criminally liable on general grounds for the acts committed in pursuance of such order or command.
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 41 as amended by Law No. 2617-VIII of 22 November 2018}
Article 42. An act involving risk
1. No act (act or omission) in prejudice of legally protected interests shall be deemed a criminal offence where it was committed in circumstances of justified risk to achieve a significant purpose valuable to the community.
2. A risk shall be justified if the goal pursued could not be achieved otherwise than by an act (omission) involving risk and the person that allowed the risk reasonably believed that he/she exercised enough caution to avert harm to the legally protected interests.
3. A risk shall not be justified if it knowingly endangered lives of other people, or created a threat of environmental disaster or any other emergency.
{Article 42 as amended by Law No. 2617-VIII of 22 November 2018}
Article 43. Undertaking a special mission to prevent or uncover criminal activities of an organised group or criminal organisation
1. A compelled causing of harm to legally protected interests by a person shall not be a criminal offence, where such person was undertaking a special mission, pursuant to law, by way of participation in an organised group or criminal organisation for the purpose of preventing or uncovering its criminal activities.
2. Any such person as defined in part 1 of this Article shall be criminally liable only for committing a special grave criminal offence as part of an organised group or criminal organisation which was wilful and involved violence with respect to the victim, or a grievous crime, which was wilful and involved grievous bodily injury to the victim or other grave or particularly grave consequences.
3. A person who has committed such criminal offence may not be sentenced to life and may not be imprisoned for a longer term than half of the maximum term of imprisonment prescribed by law in respect of this crime.
{Article 43 as amended by Law No. 2617-VIII of 22 November 2018}
Section IX
DISCHARGE FROM CRIMINAL LIABILITY
Article 44. Legal grounds and procedure for discharge from criminal liability
1. A person, who committed a criminal offence, shall be discharged from criminal liability in cases prescribed by this Code.
2. Discharge from criminal liability in cases prescribed by this Code shall be exercised exclusively by court. The procedure of discharge from criminal liability shall be established by law.
{Article 44 as amended by Laws No. 3465-VI of 02 June 2011, No. 2617-VIII of 22 November 2018}
Article 45. Discharge from criminal liability in view of effective repentance
A person who for the first time has committed a criminal offence or a reckless minor crime, other than corruption offences, violations of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, shall be released from criminal liability if he/she sincerely repented after the commission of a criminal offence, actively contributed to the uncovering of a criminal offence and fully compensated for the damage caused by it or eliminated the damage caused.
Note. Under this Code, corruption criminal offences shall be deemed criminal offences provided for by Articles 191, 262, 308, 312, 313, 320, 357, 410, where they are committed by abuse of office, as well as criminal offences under Articles 210, 354, 364, 364-1, 365-2, 368–369-2 hereof.
{Article 45 as amended by Laws No. 270-VI of 15 April 2008, No. 1698-VII of 14 October 2014, No. 198-VIII of 12 February 2015; as amended by Law No. 140-IX of 02 October 2019, No. 524-IX of 04 March 2020; as revised by Law No. 2617-VIII of 22 November 2018 as amended by Law No. 321-IX of 03 December 2019; as amended by Law No. 1231-IX of 16 February 2021}
Article 46. Discharge from criminal liability in view of reconciliation of the offender and the victim
A person who has committed a criminal offence or a reckless minor crime, other than corruption offences, violations of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, shall be released from criminal liability if he/she reconciled with the victim and reimbursed the damage caused by him/her or eliminated the damage.
{Article 46 as amended by Laws No. 270-VI of 15 April 2008, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 47. Discharge from criminal liability in view of admission to bail
1. A person who has committed a criminal offence or a minor crime for the first time, except for corruption criminal offences, violations of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, and sincerely repented, may be released from criminal liability with the admission to bail to the personnel of an enterprise, institution or organisation at their request, provided that he/she within a year from the date of his/her bail will justify the trust of the personnel, will take part in statutory aftercare and will not violate public peace.
2. If conditions of the admission to bail are not satisfied, a person shall be subject to criminal liability for the offence committed.
{Article 47 as amended by Laws No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 48. Discharge from criminal liability due to a change of situation
A person who has committed a criminal offence or a minor crime for the first time, other than corruption offences, violations of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that effect concentration, may be released from criminal liability if it has been recognised that at the time of the criminal proceedings due to a change in circumstances the act committed by him/her ceased to be socially dangerous or this person ceased to be socially dangerous.
{Article 48 as amended by Laws No. 4652-VI of 13 April 2012, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 49. Discharge from criminal liability due to statute of limitations
1. A person shall be discharged from criminal liability if the following periods have elapsed from the date of the criminal offence to the effective date of the judgment:
1) two years where a minor offence has been committed and the prescribed punishment is less severe than the restriction of liberty;
2) three years where a criminal offence is punishable by restriction of liberty, or where a minor crime is punishable by imprisonment for a term not exceeding two years;
3) five years where an offence of medium gravity has been committed;
4) ten years where a grave offence has been committed;
5) fifteen years where a special grave offence has been committed.
2. The statute of limitations shall be saved where a person who committed a criminal offence evaded investigation or trial. In these cases, the statute of limitations shall be restored from the date of a person's surrender or his/her detention, and from the date of the commission of a criminal offence it shall be five years. In this case, a person shall be released from criminal liability if fifteen years have passed since the commission of the criminal offence.
3. The statute of limitations shall be interrupted if before the expiration of the terms specified in parts 1 and 2 of this Article a person has committed a new crime, except for a minor offence punishable by imprisonment for a term not exceeding two years.
4. Where a person has committed a special grave offence punishable by life imprisonment, the issue of statute of limitations shall be decided by a court. Where a court rules out the possibility to apply a statute of limitations, a sentence of life may not be imposed and shall be commuted to an imprisonment for a determinate term.
5. The statute of limitations shall not apply in case of committing crimes against the foundations of national security of Ukraine provided for by Articles 109–114-1, against the peace and security of mankind provided for by Articles 437–439 and Part 1 of Article 442 hereof.
6. In the event of committing a criminal offence provided for by Articles 151-2-156-1, 301-1-303 hereof, in relation to a minor, the calculation of the time limits specified in parts 1 and 2 of this Article shall begin on the day when such victim has reached the age of majority or, in the event of his/her death, should have reached the age of majority.
{Article 49 as amended by Laws No. 245-VII of 16 May 2013, No. 1183-VII of 08 April 2014, No. 2617-VIII of 22 November 2018, No. 1256-IX of 18 February 2021}
Section X
PUNISHMENT AND ITS TYPES
Article 50. Definition of punishment and its purpose
1. The punishment shall be a coercive measure imposed in a judgment of court on behalf of the state upon a person found guilty of a criminal offence and consist in restraint of the sentenced person's rights and freedoms secured by law.
2. The punishment shall be aimed not only at penalising but also reformation of sentenced persons and prevention of further offences by both the sentenced and other persons.
3. The punishment shall not mean to cause physical sufferings or humiliate human dignity.
{Article 50 as amended by Law No. 2617-VIII of 22 November 2018}
Article 51. Types of punishment
The following types of punishment may be imposed by a court on persons convicted of criminal offences:
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;
6) service restrictions for military servants;
10) custody of military servants in a penal battalion;
11) imprisonment for a certain term;
{Article 51 as amended by Law No. 2617-VIII of 22 November 2018}
Article 52. Primary and additional punishments
1. Primary punishments shall be community service, correctional labour, service restrictions for military servants, arrest, restriction of liberty, custody of military servants in a penal battalion, imprisonment for a determinate term, and life imprisonment.
2. Additional punishments shall be 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 the Article (sanction of part of the Article) in the Special Part of this Code, may be imposed for one criminal offence. 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 by a court judgment shall entail liability pursuant to Articles 389 and 390 hereof.
{Article 52 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
1. A fine shall mean a pecuniary penalty imposed by a court in cases and within limits provided for in the Special Part hereof, with due account of provisions of part 2 of this Article.
2. The amount of a fine shall be determined by a court depending on the gravity of the offence committed and the property status of a guilty person but within the limits of thirty to fifty thousand tax-free minimum incomes, unless a larger amount of a fine is prescribed by Articles of the Special Part hereof. For the commission of a criminal offence punishable by a fine of more than three thousand tax-free minimum incomes, the amount of a fine imposed by a court may not be less than the amount of property damage caused by the criminal offence or income received as a result of the criminal offence, regardless of the maximum amount of a fine sanctioned by the Article (sanctioned by part of the Article) of the Special Part of this Code. A court, having established that such a criminal offence was committed in complicity and the role of a principal offender (co-principal offender), abettor or accessory in its commission is insignificant, may impose a penalty on such persons in the amount sanctioned by the Article (sanctioned by part of the Article) of the Special Part hereof, except for the amount of property damage caused by a criminal offence, or income received as a result of a criminal offence.
3. A fine shall be imposed as an additional punishment only provided it is specifically sanctioned by the Article (specifically sanctioned by part of the Article) in the Special Part of this Code.
4. Taking into account the property status of a guilty person, a court may impose a fine to be paid in instalments within the period of up to one year.
5. Where a fine cannot be paid, a court may replace the outstanding amount of a fine by community service calculated as one hour of community service for each tax-free minimum individual income established by law, or by correctional labour calculated as one month of correctional labour for twenty tax-free minimum incomes established by law, but for a period not exceeding two years.
In the event of failure to pay a fine of more than three thousand tax-free minimum incomes, appointed as the main punishment, and there are no grounds for instalment payment, the court shall substitute the unpaid amount of the fine with punishment of one day of imprisonment for eight tax-free minimum incomes within the limits as follows:
1) from one to five years of imprisonment where a fine for committing a minor crime is imposed;
2) from five to ten years of imprisonment where a fine for a grave crime is imposed;
3) from ten to twelve years of imprisonment where a fine for a special grave crime is imposed.
If during the calculation of the term of imprisonment this term exceeds the limits established by this part of the Article, the court shall substitute the penalty in the form of a fine with imprisonment for the maximum term provided for a crime of this gravity by this part of the Article.
{Article 53 as amended by Law No. 270-VI of 15 April 2008; as revised by Law No. 4025-VI of 15 November 2011; as amended by Laws No. 4652-VI of 13 April 2012, No. 2617-VIII of 22 November 2018}
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 offence, may be subject to revocation of his/her military or special title, rank, grade or qualification class by a court judgment.
Article 55. Deprivation of the right to occupy certain positions or engage in certain activities;
1. Deprivation of the right to hold certain positions or engage in certain activities may be imposed as a principal punishment for a term of two to five years or as an additional punishment for a term of one to three years.
Deprivation of the right to hold certain positions as an additional punishment in the cases provided for by the Law of Ukraine “On the Purification of Power” shall be imposed for a term of five years.
Deprivation of the right to hold certain positions or engage in certain activities as an additional punishment for committing a criminal offence against the voting rights and freedoms of a citizen provided for by Articles 157–160 hereof shall be imposed for a period of five years.
Deprivation of the right to drive vehicles as an additional punishment shall be imposed for up to ten years.
2. Deprivation of the right to hold certain positions or engage in certain activities as an additional punishment may be imposed in cases where it is specifically sanctioned by the Article (specifically sanctioned by part of the Article) of the Special Part of this Code, provided that, given the nature of the criminal offence committed ex officio or in connection with certain activities, a person of a convict and other circumstances of the case the court recognises it is impossible to retain the right to hold certain positions or engage in certain activities.
Where deprivation of the right to occupy certain positions or engage in certain activities is imposed as additional punishment together with the arrest, restriction 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 shall be 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 it shall be calculated from the effective date of the judgment.
{Article 55 as amended by Laws No. 270-VI of 15 April 2008, No. 1682-VII of 16 September 2014, No. 2617-VIII of 22 November 2018, No. 805-IX of 16 July 2020, No. 1231-IX of 16 February 2021}
1. Community service shall consists in performance by a convicted person of unpaid work valuable to the community during hours free from work or studies, as determined by the local government.
2. The term of community service imposed may be from sixty to two hundred and forty hours and its duration in any single day may not exceed four 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 56 as amended by Law No. 2581-VIII of 02 October 2018}
Article 57. Correctional labour
1. The punishment of correctional labour shall be imposed for a term of six months to two years and shall be served by a convicted person at the place of his/her employment. A certain amount of money shall be deducted from the convicted person's salary in favour of the state, ranging from ten to twenty per cent as determined in the court judgment.
2. Correctional labour shall not be imposed upon pregnant women, women on maternity leave, disabled persons, persons under sixteen, persons of retirement age, military servants, enlisted staff of the State Service for Special Communication and Information Protection of Ukraine, law enforcement officers, notaries, private executors, judges, prosecutors, defence attorneys, civil servants, and local government officials.
3. A court may substitute correctional labour by a fine calculated as three tax-free minimum incomes, established by the law, for one month of correctional labour, for those persons who became disabled after their sentence was awarded by a court.
{Article 57 as amended by Laws No. 1180-VI of 19 March 2009, No. 1403-VIII of 02 June 2016}
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 by 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.
2. A certain amount of money shall be deducted from the military pay of the person sentenced to a service restriction in favour of the state, ranging from ten to twenty per cent as determined in a court judgment. While serving this sentence, the person sentenced may not be promoted in office or military rank, and the term of sentence shall not be included in the time-in-service for the purposes of regular promotion in military rank.
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 favour 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 mercenary crimes, as well as for crimes against the fundamentals of national security of Ukraine and public security, regardless of their severity, and may be imposed only in cases specifically provided for by the Special Part hereof.
3. The list of property exempt from forfeiture shall be determined by the law of Ukraine.
{Article 59 as amended by Law No. 1689-VII of 07 October 2014}
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.
2. A military servant shall be put under arrest in a guardhouse.
3. Arrest shall not be imposed on persons under sixteen, pregnant women and women having children under seven.
Article 61. restriction of liberty
1. The punishment of restriction 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. restriction of liberty shall be imposed for a term of one to five years.
3. restriction of liberty shall not be imposed on minors, pregnant women and women having children under fourteen, persons of retirement age, military servants in active service, and persons with the first or second degree disability.
{Article 61 as amended by Law No. 2581-VIII of 02 October 2018}
Article 62. Custody of military servants in a penal battalion
1. The punishment of detention in a penal battalion shall be imposed on conscripts, servicemen serving on a contractual basis, officers serving in the military, officers serving on conscription, conscripts during mobilisation, for a special period, servicemen called up for military service on the call of reservists during a special period (except for female servicemen), for a period of six months to two years in the cases provided for by this Code, as well as if a court, with due account of the circumstances of the case and a character of a convict, considers it possible to substitute imprisonment for up to two years with serving 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 62 as amended by Laws No. 158-VIII of 05 February 2015, No. 1357-IX of 30 March 2021}
Article 63. Imprisonment for a determinate period of time
1. The punishment of imprisonment consists in confinement of a convicted person and placing him/her in a penitentiary institution for a determinate period of time.
2. Imprisonment shall be imposed for a term of one to fifteen years, except for the cases envisaged by the Special Part hereof.
{Article 63 as amended by Laws No. 270-VI of 15 April 2008, No. 1254-VI of 14 April 2009}
1. The punishment of life imprisonment is imposed for special grave offences 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 period of time.
2. Life imprisonment shall not be imposed on persons who committed offences under eighteen and to persons over sixty five, and women who were pregnant at the time of offence or at the time of sentencing, as well as in the case stipulated by part 4 of Article 68 hereof.
{Article 64 as amended by Law No. 1492-VIII of 07 September 2016}
Section XI
IMPOSITION OF PUNISHMENT
Article 65. General principles of imposition of punishment
1. A court shall impose a punishment:
1) within the limits prescribed by the sanction of the Article (sanction of part of the Article) of the Special Part hereof, which provides for liability for a criminal offence, except as provided for by part 2 of Article 53 hereof;
2) pursuant to provisions of the General Part of this Code;
3) having regard to the degree of gravity of the committed offence, character of a guilty person, and circumstances mitigating or aggravating the punishment.
2. The punishment imposed shall be adequate and sufficient to reform the offender and prevent new offences. A heavier punishment out of those prescribed for the committed offence shall be imposed only where a milder punishment is deemed insufficient to reform the offender and prevent new offences.
3. The grounds for imposing a punishment milder than the one prescribed for a committed offence in a respective Article of the Special Part of this Code are specified in Article 69 hereof.
4. A punishment heavier than one prescribed for a committed offence in a respective Article of the Special Part of this Code may be imposed pursuant to Articles 70 and 71 hereof in case of cumulative offences and cumulative sentencing.
5. In the event of a judgment approving a conciliation agreement or a guilty plea, a court shall impose a penalty agreed upon by the parties to the agreement.
{Article 65 as amended by Laws No. 270-VI of 15 April 2008, No. 4025-VI of 15 November 2011, No. 4652-VI of 13 April 2012, No. 2617-VIII of 22 November 2018}
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 active assistance in uncovering the offence;
2) voluntary compensation of losses or repairing of damages;
2-1) providing medical aid of other aid to the injured person after committing the offence;
3) the commission of an offence by a minor;
4) the commission of an offence by a pregnant woman;
5) the commission of an offence in consequence of a concurrence of adverse personal, family or other circumstances;
6) the commission of an offence under influence of threats, coercion or financial, official or other dependence;
7) the commission of a criminal offence under the influence of extreme emotional disturbance caused by ill-treatment, or such that humiliates the honour and dignity of a person, as well as in the presence of a systemic nature of such treatment of a victim;
8) the commission of an offence in excess of necessary defence;
9) undertaking a special mission to prevent or uncover criminal activities of an organised group or criminal organisation, where this has involved committing an offence in cases provided for by this Code;
2. When imposing a punishment, a court may find circumstances, other than those specified in part 1 of this Article, to be mitigating.
3. If any of the mitigating circumstances is specified in the Article of the Special Part of this Code as an element of an offence that affects its treatment, a court shall not take it into consideration again as a mitigating circumstance when imposing a punishment.
{Article 66 as amended by Laws No. 270-VI of 15 April 2008, No. 2227-VIII of 06 December 2017, No. 2617-VIII of 22 November 2018}
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 offence or recidivism;
2) the commission of an offence by a group of persons upon their prior conspiracy (part 2 or 3 of Article 28);
3) the commission of a criminal offence on the grounds of racial, national, religious hatred or discord, or on the gender grounds;
4) the commission of an offence in connection with the discharge of official or public duty by the victim;
5) grave consequences caused by the offence;
6) the commission of a criminal offence against an elderly person, a person with a disability or a person in a helpless state, or a person suffering from a mental disorder, in particular, dementia, mental retardation, as well as the commission of a criminal offence against a minor or a child, or in the presence of a child;
6-1) the commission of a criminal offence against a spouse or ex-spouse or another person with whom an offender is (was) in family or close relationships;
7) the commission of an offence against a woman who, to the knowledge of the culprit, was pregnant;
8) the commission of an offence against a person who was in a financial, official or other dependence on the culprit;
9) the commission of an offence through the use of a minor, a person of unsound mind or mentally defective person;
10) the commission of an especially violent offence;
11) the commission of an offence by taking advantage of a martial law or a state of emergency or other extraordinary events;
12) the commission of an offence by a socially dangerous method;
13) the commission of an offence by a person under the influence of alcohol, narcotic, or any other intoxicating substances;
2. Depending on the nature of an offence committed, a court shall be entitled to find any of the circumstances specified in part 1 of this Article, other than those defined in clauses 2, 6, 6-1, 7, 9, 10, 12 to be not aggravating, and shall provide the reasons for this decision in its judgment.
3. When imposing a punishment, a court shall not find any circumstances, other than those defined in part 1 1 of this Article, to be aggravating.
4. If any of the aggravating circumstances is specified in the Article of the Special Part of this Code as an element of an offence, that affects its treatment, a court shall not take it into consideration again as an aggravating circumstance when imposing a punishment.
{Article 67 as amended by Laws No. 2227-VIII of 06 December 2017, No. 2617-VIII of 22 November 2018}
Article 68. Imposing a punishment for unconsummated criminal offence and offence committed in complicity
1. For the purposes of imposition of punishment for an unconsummated criminal offence, a court, while being guided by Articles 65–67 hereof, 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 offence was not consummated.
2. The term or amount of punishment for preparation for crime shall not exceed half of the maximum term or amount of the heaviest kind of punishment prescribed by a sanction of the Article (a sanction of a part of the Article) of the Special Part of this Code.
3. The term or amount of punishment for attempted crime shall not exceed two thirds of the maximum term or amount of the heaviest kind of punishment prescribed by a sanction of the Article (a sanction of part of the Article) of the Special Part of this Code.
4. Life imprisonment for preparation for a crime and attempt to commit a crime shall not apply, except in cases of committing crimes against the foundations of national security of Ukraine provided for by Articles 109–114-1, against peace, security of mankind and international rule of law provided for by Articles 437–439, part 1 of Article 442 and Article 443 hereof.
5. When sentencing accomplices of a criminal offence, a court, guided by the provisions of Articles 65–67 hereof, shall take into account the nature and degree of participation of each of them in the commission of a criminal offence.
{Article 68 as amended by Laws No. 270-VI of 15 April 2008, No. 1492-VIII of 07 September 2016, No. 2617-VIII of 22 November 2018}
Article 69. Imposition of a punishment milder than prescribed by law
1. In presence of several circumstances mitigating the punishment and significantly decreasing the degree of gravity of the offence committed, having regard to the character of an offender, a court may, by providing the reasons for its judgment, impose a primary punishment lower than the lowest threshold specifically sanctioned by the Article (specifically sanctioned by part of the Article) of the Special Part hereof, or change to another, milder type of primary punishment, which is not specifically sanctioned by the Article (specifically sanctioned by part of the Article) in respect of this offence. In this case, the court shall not impose a punishment lower than the lowest threshold prescribed for this type of punishment in the General Part hereof. For committing a criminal offence punishable by a fine of more than three thousand tax-free minimum incomes, the court on the grounds provided for in this part may impose a primary punishment as a fine not exceeding a quarter lower than the lowest threshold, specifically sanctioned by the Article (specifically sanctioned by part of the Article) of the Special Part hereof.
2. On the grounds provided for by part 1 of this Article, the court may not impose an additional punishment specifically sanctioned by the Article (specifically sanctioned by part of the Article) of the Special Part hereof as mandatory, except in cases of sentencing for a criminal offence the primary punishment for which is a fine exceeding three thousand tax-free minimum incomes.
{Article 69 as amended by Laws No. 270-VI of 15 April 2008, No. 4025-VI of 15 November 2011, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018}
Article 69-1. Imposing a punishment under mitigating circumstances
1. In the presence of mitigating circumstances provided for by clauses 1 and 2 of cart 1 of Article 66 hereof, the absence of aggravating circumstances, as well as the admission of guilt by the accused, the term or amount of punishment shall not exceed two thirds of the maximum term or amount of the most severe type of punishment provided by the respective sanction of the Article (sanction of part of the Article) of the Special Part hereof.
{The Code has been supplemented with Article 69-1 under Law No. 270-VI of 15 April 2008; as amended by Law No. 245-VII of 16 May 2013}
Article 70. Imposing a punishment for cumulative criminal offences
1. In the event of cumulative criminal offences, a court, having determined the punishment (both primary and additional) for each offence, shall impose a final punishment by way of merging milder punishment into a heavier one, or by way of full or partial adding up of imposed punishments.
2. In adding up punishments, the final cumulative punishment shall be within the limits prescribed by the sanction of the Article (the sanction of part of the Article) of the Special Part hereof, which provides for a heavier punishment. Where at least one of the criminal offences is an intended grave or special grave offence, the court may impose a final cumulative punishment within the maximum term provided for this kind of punishment in the General Part hereof. Where life imprisonment is imposed for at least one of the criminal offences committed, the final cumulative punishment shall be determined by way of merging milder punishments into life imprisonment.
3. A primary cumulative punishment may be supplemented by additional punishments imposed by a court for criminal offences of which a person was convicted.
4. A punishment shall be imposed under the rules set forth in parts 1–3 of this Article where, after a sentence in the case was passed, it is established that the sentenced person is guilty of yet another criminal offence committed before such previous sentence was passed. In this case, the punishment that has been fully or partially served under the previous sentence shall be merged into the term of the final punishment pursuant to the rules prescribed by Article 72 hereof.
{Article 70 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 71. Imposing of a 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.
2. In adding punishments through cumulation of sentences, the total term of punishment may not exceed the maximum term prescribed for this kind of punishment in the General Part hereof. In cumulating punishments of imprisonment, the final term shall not exceed fifteen years, and where at least one of the offences is a special grave offence, the total term may exceed fifteen years but shall not exceed twenty five years. In cumulating punishments of life sentence or any milder punishments, the total term of the final punishment imposed through cumulation of sentences shall be determined by way of merging any milder punishments into life imprisonment.
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, expect for the cases when it is determined by merging one punishment into another one imposed for the maximum term, shall be longer than the punishment imposed for any new criminal offence and also the unserved term of any previous sentence.
5. Where a convicted person commits two or more criminal offences after the sentence was passed but before the full term has been served, a court shall impose punishments for these new offences under rules set forth in Article 70 hereof, 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 part 2 of this Article.
{Article 71 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 72. Rules of adding up punishments and merging previous terms of imprisonment
1. In adding up punishments for cumulative offences and cumulative sentences, a milder type of punishment shall be merged into a heavier punishment based on the following proportions:
1) one day of imprisonment equals to:
а) one day of custody in a penal battalion for military servants, or one day of arrest;
b) two days of restriction of liberty;
c) three days of service restriction for military servants, or three days of correctional labour;
d) eight hours of community service;
2) one day of custody in a penal battalion for military servants, or one day of arrest equals to:
а) two days of restriction of liberty;
b) three days of service restriction for military servants, or three days of correctional labour;
3) one day of restriction of liberty equals to three days of service restriction for military servants, or three days of correctional labour.
4) one day of restriction of liberty of arrest equals to eight hours of community service.
2. In imposing a punishment through cumulation of offences or sentences, where the punishment is to be correctional labour or service restrictions for military servants, only the terms of these punishments shall be added up. Any deductions from salaries of a convicted person shall not be added up and shall be calculated for each sentence separately.
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.
5. A court shall merge the pre-trial detention into the term of punishment, in case of sentencing to imprisonment, on a day for day basis or pursuant to the rules prescribed in part 1 of this Article. In imposing punishments not specified in part 1 of this Article, a court may take into account the pre-trial detention and mitigate the punishment or discharge the convicted person from serving it.
6. The rules for determining concordance of various kinds of punishment stipulated by part 1 of this Article may also apply to other cases envisaged by the General Part hereof.
{Article 72 as amended by Laws No. 270-VI of 15 April 2008, No. 838-VIII of 26 November 2015, No. 2046-VIII of 18 May 2017, No. 2617-VIII of 22 November 2018}
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 pre-trial detention, the terms of punishment may be calculated in days.
Section 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.
2. A person convicted of acts made no longer punishable by law shall be immediately discharged from punishment imposed by a court.
3. A punishment imposed on a convicted person, which is heavier than the sanction of a new law, shall be lowered to the maximum threshold of punishment prescribed by such sanction. Where such threshold provides for milder punishment, the punishment served by the convicted shall be merged based on calculation prescribed by the rules set forth in part 1 of Article 72 hereof.
4. A person who has committed a criminal offence or a minor crime, except for corruption offences, violations of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines affecting concentration, may be released from punishment by a court judgment, if it is recognised that, given the impeccable conduct and conscientious attitude to work, this person cannot be considered socially dangerous during the court proceedings.
5. A person may also be discharged from punishment by a judgment of court on the grounds provided for by Article 49 hereof.
{Article 74 as amended by Laws No. 270-VI of 15 April 2008, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 75. Discharge from punishment on probation
1. If the court, except in cases of conviction for a corruption offence, violation of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, when sentencing to correctional labour, restriction of service for servicemen, restriction of liberty, as well as imprisonment for a term not exceeding five years, having regard to the gravity of the criminal offence, the character of the offender and other circumstances of the case, concludes that it is possible to reform the convict without serving the sentence, it may decide to discharge him/her on probation.
2. The court shall decide on discharge on probation in case of approval of a conciliation agreement or a guilty plea, where the parties to the agreement agree on punishment of correctional labour, service restriction for servicemen, restriction of liberty, imprisonment not exceeding five years, as well as agreed discharge on probation.
3. In the cases provided for by parts 1 and 2 of this Article, the court shall decide to release the convict from serving the sentence provided he/she does not commit a new criminal offence during the probation period and fulfils his/her obligations. The duration of the probation period and the obligations imposed on the person discharged on probation shall be determined by court.
4. The probation period shall be established by the court for the term of one to three years.
{Article 75 as amended by Laws No. 4652-VI of 13 April 2012, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 76. Obligations imposed on a person discharged on probation
1. In case of discharge on probation, a court may impose the following obligations on the convicted person:
4) regularly register with criminal enforcement authorities;
3) notify criminal enforcement authorities of any change in the place of residence, employment or studies;
2. Persons convicted of domestic violence crimes may be subjected by the court to other obligations and prohibitions provided for by Article 91-1 hereof
1. In case of discharge on probation, the court may impose the following obligations on the convicted person:
1) apologise to the victim publicly or in any other way;
2) not leave for permanent residence outside Ukraine without a permission of criminal enforcement authorities;
3) to be employed or, under the direction of the criminal enforcement authorities apply to the state employment service bodies for registration as unemployed and to be employed if he/she is offered a respective position (job);
4) perform measures provided for by the probation programme;
5) undergo a medical treatment for mental and behavioural disorders due to the use of psychoactive substances or a disease that poses a danger to the health of other people;
6) comply with the requirements established by the court to perform certain actions, restrict communication, travel and leisure.
The court shall impose on the person discharged on probation the obligations provided for by part 2 of this Article, necessary and sufficient for his/her reforming, with due account of the severity of the crime, the character of a guilty person and mitigating or aggravating circumstances.
2. The conduct of such convicted person shall be monitored by criminal enforcement authorities at the place of his/her residence, and the conduct of military servants shall be monitored by commanders of military units.
{Article 76 as amended by Law No. 1254-VI of 14 April 2009; as revised by Law No. 1492-VIII of 07 September 2016 – the provisions on probation programmes shall enter into force on 1 January 2018; as amended by Law No. 2227-VIII of 06 December 2017}
Article 77. Imposing 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/her by a court and committed no further criminal offences shall be discharged from the punishment imposed by a court.
2. Where a convicted person fails to comply with obligations imposed on him/her, or regularly commits offences that entail administrative penalties and demonstrate his/her unwillingness to reform, a court shall send the convicted person to serve the imposed sentence.
3. Should a convicted person commit another crime while on probation, a court shall impose a punishment on him/her pursuant to Articles 71 and 72 hereof.
{Article 78 as amended by Law No. 2617-VIII of 22 November 2018}
Article 79. Discharge on probation for pregnant women and women having children under seven years of age
1. Where a restriction 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 offences, 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 seven years of age are discharged on probation, a court may impose upon a convicted woman any such obligation as provided for by Article 76 hereof.
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, disappeared having left her place of residence, evades from bringing up and taking care of her child, fails to comply with the obligations imposed upon her by a court or regularly commits offences that entail administrative penalties and demonstrate her unwillingness to reform, a court, upon a motion of the monitoring authority, shall send such convicted woman to serve her sentence imposed by a court.
6. Where a convicted woman commits another offence while on probation, a court shall impose a punishment on her pursuant to Articles 71 and 72 hereof.
{Article 79 as amended by Laws No. 1254-VI of 14 April 2009, No. 1698-VII of 14 October 2014, No. 1492-VIII of 07 September 2016, No. 2617-VIII of 22 November 2018}
Article 80. Discharge from serving a sentence due to expiry of statute of limitations for enforcement of judgment
1. A person shall be discharged from serving his/her sentence, if it was not enforced within the following periods of time elapsing from the date on which the judgment came into force:
1) two years for a sentence milder than the restriction of liberty;
2) three years for a sentence of the restriction of liberty;
3) five years for a sentence of imprisonment imposed for a medium grave offence and also a sentence of imprisonment for a term of up to five years imposed for a grave offence;
4) ten years for a sentence of imprisonment for a term over five years imposed for a grave offence, and also a sentence of imprisonment for a term of up to ten years imposed for a special grave offence;
5) fifteen years for a sentence of imprisonment for a term over ten years imposed for a special grave offence.
2. Statutes of limitations for additional punishments shall depend on the primary punishment imposed by a court judgment.
3. Statute of limitations shall be suspended where a convicted person avoids serving his/her sentence. In such cases, statute of limitations shall resume on the date the convicted person appeared to continue serving his/her sentence or on the day of his/her apprehension. In this case, the statutes of limitations provided for by clauses 1–3, part 1 of this Article shall be doubled.
4. Statute of limitations shall be suspended, if, prior to the expiry of periods provided for by parts 1 and 3 of this Article, a convicted person commits another offence. In this case, the statute of limitations shall begin on the date of the new criminal offence.
5. A court shall decide any issues related to the application of statutes of limitations to a person sentenced to life imprisonment. Where the court finds it impossible to apply statute of limitations, the life imprisonment shall be substituted by imprisonment.
6. No statute of limitations shall apply where a person was convicted for criminal offences against peace and security of mankind as provided for by Articles 437–439 and part 1 of Article 442 hereof.
{Article 80 as amended by Law No. 2617-VIII of 22 November 2018}
1. Parole may be applied to persons who serve their sentences of correctional labour, or service restrictions for military servants, or restriction 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 behaviour 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 half of the term of punishment imposed by the court for a criminal offence or a minor crime, except for corruption offences, violation of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, as well as for reckless grave crime;
2) no less than two thirds of the term of punishment imposed by the court for a minor corruption offence, violation of traffic safety rules or operation of transport by persons who drove vehicles under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, an intended grave crime or a reckless special grave crime, as well as if the person has previously served a sentence of imprisonment for an intended criminal offence and before committing or removing a conviction again committed an intended criminal offence for which he/she was sentenced to imprisonment;
3) not less than three quarters of the term imposed by a court for an intended special grave offence, or of the term imposed on a person who had been previously paroled but committed another intended offence during the remaining part of the sentence;
4. Where a paroled person commits another offence during the remaining part of the sentence, a court shall impose a punishment under the rules provided for by Articles 71 and 72 hereof.
{Article 81 as amended by Laws No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 82. Commutation of the remaining part of a sentence
1. A court may commute the remaining part of a sentence of restriction of liberty or imprisonment. In this case, the punishment shall be commuted within the terms provided for by the General Part of this Code with regard to a given type of punishment and shall not exceed the remaining part of the primary 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 provided the sentenced person displays signs of reformation.
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 of punishment imposed by the court for a criminal offence or a minor crime, except for corruption offences, violation of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, as well as for a reckless grave crime;
2) not less than half of the term of punishment imposed by the court for a minor crime, violation of traffic safety rules or operation of transport by persons who drove vehicles under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, intended grave crime or reckless special grave crime, as well as if the person has previously served a sentence of imprisonment for an intended criminal offence and before the expiration or removal of the conviction committed a repeated intended criminal offence for which he/she was sentenced to imprisonment;
3) not less than two-thirds of the term imposed by a court for an intended special grave offence, or of the term imposed on a person who had been previously paroled but committed another intended offence 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 hereof.
6. Should a person commit another offence while serving commuted sentence, the court shall add the remaining part of commuted sentence to the punishment imposed for any new offence according to the rules provided for by Articles 71 and 72 hereof.
{Article 82 as amended by Laws No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 83. Discharge from punishment for pregnant women and women with children under three years of age
1. Women sentenced to the restriction of liberty or imprisonment, who became pregnant or gave birth to a child while serving their sentences, except for women sentenced to imprisonment for a term over five years for intended grave or special grave offences, may be discharged by a court from serving their sentences for a period of time within which a women may have her maternity leave under 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 woman who has a family or relatives, who agreed to live with her or any sentenced female who is able to independently provide proper conditions for raising her child.
3. Released pregnant women and women with children under three years of age shall be monitored by a local criminal enforcement authority at the place of residence.
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 depending on her conduct, or commute her sentence, or send the convict to serve her primary sentence. In this event, the court may fully or partially add the time during which a convicted woman did not serve the sentence.
5. Where a convicted woman, 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 of her child, or regularly commits offences that involve administrative penalties and demonstrate her unwillingness to reform, the court may, upon a motion of the monitoring authority, order that the sentenced woman shall continue to serve her primary sentence.
6. Where a convicted woman commits another criminal offence while being discharged from serving her sentence, the court shall impose a punishment on her pursuant to the rules provided for by Articles 71 and 72 hereof.
{Article 83 as amended by Laws No. 1254-VI of 14 April 2009, No. 1492-VIII of 07 September 2016, No. 2617-VIII of 22 November 2018}
Article 84. Discharge on medical grounds
1. A person shall be discharged from punishment, if he/she develops a mental disease while serving his/her sentence, which renders him/her incapable of realising his/her acts (or omissions) or controlling them. Such person may be subject to compulsory medical measures pursuant to Articles 92–95 hereof.
2. A person who develops a serious illness after commission of a criminal offence or imposition of a sentence, which precludes him/her from serving his/her sentence, may be discharged from punishment or further service. During consideration of any such matter, a court shall take into account the gravity of the offence committed, the nature of the disease, the character of the offender, and other circumstances of the case.
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 issues, shall be released from punishment.
4. Where persons, referred to in parts 1 and 2 of this Article, recover, they shall be ordered to continue to serve their sentences, provided the statutes of limitations prescribed by Articles 49 or 80 hereof 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 part 5 of Article 72 hereof, where each day of compulsory treatment counts as one day of imprisonment.
{Article 84 as amended by Law No. 2617-VIII of 22 November 2018}
Article 85. Discharge from punishment under 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 under the law of Ukraine on amnesty or an act of pardon.
{Text of the Article 85 as revised by Law No. 3465-VI of 02 June 2011}
1. Amnesty shall be announced in a law of Ukraine with regard to a certain category of persons.
2. Under the law on amnesty, persons convicted of a criminal offence by a court, or criminal cases in respect of which have been considered by courts, but convictions against these persons have not entered into force, may be fully or partially released from serving a sentence.
{Part 3 of Article 86 has been deleted under Law No. 3465-VI of 02 June 2011}
4. Persons found guilty of committing corruption offences, violation of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration, sentences in respect of which have not entered into force may not be released from serving a sentence, and persons in respect of whom sentences have entered into force may not be completely released under the law on amnesty from serving a sentence. These persons may be released from serving a sentence after they have actually served the terms prescribed by part 3 of Article 81 hereof.
{Article 86 as amended by Laws No. 3465-VI of 02 June 2011, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
1. Pardon shall be granted by the President of Ukraine with regard to a particular individual.
2. An act of pardon may substitute a sentence of life imprisonment imposed by a court for imprisonment for a term of not less than twenty-five years.
3. Persons convicted of committing corruption offences, violation of traffic safety rules or operation of transport by persons who drove under the influence of alcohol, drugs or other intoxicants or were under the influence of medicines that affect concentration may be released from serving a sentence under the act of pardon after they actually serve the terms established by part 3 of Article 81 hereof.
{Article 87 as amended by Laws No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018, No. 1231-IX of 16 February 2021}
Article 88. Legal implications of conviction
1. A person shall be deemed to have a conviction from the date on which the judgment of guilty enters into force and until the conviction is cancelled or revoked.
2. Conviction shall have legal implications in case of commission of a new criminal offence, 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 offence the criminality and punishability of which was subsequently repealed by law, shall be deemed to have no conviction.
4. Rehabilitated persons shall be deemed to have no conviction.
{Article 88 as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 89. Cancellation of conviction
The following persons shall be deemed to have no conviction:
1) persons sentenced under Article 75 of this Code, if they commit no further offences during the probation period, and the probation is not revoked during the prescribed period for any other reasons provided for by law. Should the term of any additional punishment exceed the term of probation, a person shall be deemed to have no conviction after completing to serve such additional punishment;
2) women sentenced under Article 79 hereof, provided they commit no further offences 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 woman was not discharged from an additional punishment and its term exceeds the term of probation, she shall be deemed to have no conviction after completing to serve such additional punishment;
2-1) persons convicted of a criminal offence after serving a sentence;
{Clause 3 of Article 89 has been deleted under Law No. 1698-VII of 14 October 2014}
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 offences, and also military servants who have served their punishment at a guardhouse instead of arrest;
5) persons convicted of a crime with the primary punishment of a fine not exceeding three thousand tax-free minimum incomes, deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labour or arrest, provided they commit no other criminal offences within one year of conviction (primary and additional);
6) persons sentenced to restriction of liberty, provided they commit no other offences within two years from the date on which they completed to serve their sentence (primary or additional);
7) persons sentenced to imprisonment or the primary punishment of a fine for a minor crime, provided they commit no other criminal offences within three years from the date of serving the sentence (primary and additional);
8) persons sentenced to imprisonment or the primary sentence of a fine for a grave crime, provided they commit no other criminal offences within six years from the date of serving the sentence (primary and additional);
9) persons sentenced to imprisonment or the primary sentence of a fine for a special grave crime, provided they commit no other criminal offences within eight years from the date of serving the sentence (primary and additional).
{Article 89 as amended by Laws No. 4025-VI of 15 November 2011, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018}
Article 90. Calculation of periods for the cancellation of conviction
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 statute of limitations was not interrupted. If a sentence was not enforced, the conviction shall be cancelled upon expiration of the statute of limitations for enforcement of a sentence.
3. Where 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. Where 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. Should a person who completed his/her sentence commit another offence before the expiration of the cancellation period, this period shall be suspended and recalculated. In any such cases, the cancellation periods shall be calculated separately for each criminal offence, after the actual completion of the sentence (primary and additional) imposed for the last committed offence.
{Article 90 as amended by Law No. 2617-VIII of 22 November 2018}
Article 91. Revocation of conviction
1. If a person, who completed his/her sentence of restriction 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 prescribed in Article 89 hereof.
2. Conviction revoked before the expiration of the term specified in Article 89 hereof shall be prohibited in cases of conviction for intended grave and special grave offences, as well as corruption criminal offences.
3. Conviction can be revoked only after the expiration of at least half of the term of conviction served as prescribed by Article 89 hereof.
3. The procedure related to revocation of conviction shall be established by the Criminal Procedure Code of Ukraine.
{Article 91 as amended by Laws No. 4652-VI of 13 April 2012, No. 1698-VII of 14 October 2014, No. 2617-VIII of 22 November 2018}
Section XIII-1.
RESTRICTIVE MEASURES
Article 91-1. Restrictive measures applicable to perpetrators of domestic violence
1. In the interests of a victim of a crime related to domestic violence, simultaneously with the imposition of a punishment not related to imprisonment or release from criminal liability or punishment on the grounds provided for by this Code, the court may apply to a person who committed domestic violence one or more restrictive measures, according to which the following obligations may be imposed on the convict:
1) prohibition to be in the place of cohabitation with a person who has suffered from domestic violence;
2) restriction of communication with the child in the event that domestic violence is committed against the child or in its presence;
3) prohibition to approach for a certain distance to a place where a person who has suffered from domestic violence may permanently or temporarily reside, temporarily or systematically stay in connection with work, study, treatment or for other reasons;
4) prohibition of correspondence, telephone conversations with a person who has suffered from domestic violence, other contacts through means of communication or electronic communications in person or through third parties;
5) referral for an offender programme or a probation programme.
2. The measures provided for by part 1 of this Article shall apply to a person who has reached the age of eighteen at the time of the commission of domestic violence.
3. The measures provided for by part 1 of this Article may be applied for a period of one to three months and, if needed, may be extended for a period determined by the court, but not exceeding twelve months.
4. Monitoring the conduct of convicts to whom restrictive measures have been applied shall be exercised by the criminal enforcement authorities at the place of residence of the convict, and in case of commission of a crime by a serviceman it shall be exercised by the commander of a military unit.
{General Part has been supplemented with Section XIII-1 under Law No. 2227-VIII of 06 December 2017}
Section XIV
OTHER CRIMINAL LAW MEASURES
{Titles of Section XIV as revised by Law No. 222-VII of 18 April 2013}
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 provided for by 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 the state of insanity;
2) committed a criminal offence in the state of partial insanity;
3) committed a criminal offence in the state of sanity, but developed insanity before a sentence was pronounced or while serving a sentence.
{Article 93 as amended by Law No. 2617-VIII of 22 November 2018}
Article 94. Types of compulsory medical measures
1. A court may impose the following compulsory medical measures depending on the seriousness of a mental condition, the gravity of an act committed, and the degree to which the offender is dangerous to himself/herself or others:
1) compulsory outpatient psychiatric assistance;
2) hospitalisation in a regular-security psychiatric care facility;
3) hospitalisation in a reinforced-security mental institution;
4) hospitalisation in a high-security psychiatric care facility;
2. A court may order compulsory outpatient psychiatric assistance in respect of a mentally sick person who committed a socially dangerous act, if the condition of the person does not necessitate inpatient treatment in a psychiatric care facility.
3. A court may order hospitalisation in a regular-security psychiatric care facility in respect of a mentally sick person whose mental condition and the nature of his/her socially dangerous act necessitates custody in a psychiatric care facility and compulsory treatment.
4. A court may order hospitalisation in a reinforced-security psychiatric care facility in respect of a mentally sick person who had committed a socially dangerous act that involved no trespass against lives of other persons and whose mental condition is not dangerous to the public but necessitates custody in a psychiatric care facility and treatment in conditions of reinforced security.
5. A court may order hospitalisation in a high-security psychiatric care facility in respect of a mentally sick person who committed a socially dangerous act that involved a trespass against lives of other persons and whose mental condition and the nature of his/her socially dangerous act pose an increased danger to the public and necessitate custody in a psychiatric care facility and treatment in conditions of high security.
6. Where 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 psychiatric care facility (psychiatrist), who provides psychiatric assistance to a person together with an appended opinion of a panel of psychiatrists, which shall state the reasons for continuation, change or discontinuation of any compulsory measures.
The court may also change or terminate the application of compulsory medical measures upon the application of the person to whom compulsory medical measures are applied, his/her defence counsel or legal representative if such person is unaware of his/her actions (inaction) or cannot manage them, including when he/she cannot knowingly file a motion. The motion shall be accompanied by the opinion of a panel of psychiatrists of the facility in which the person is provided with psychiatric care, or, if available, the opinion of an independent psychiatrist of his/her choice.
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 psychiatric care facility (psychiatrist) who provides psychiatric assistance to the person, shall file a motion to the 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 psychiatric care facility (psychiatrist) who provides psychiatric assistance to the person, shall file to a local court a motion for extension of compulsory measures. The motion 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.
Persons subjected to compulsory medical measures shall have the right to apply to the court to change or terminate the application of compulsory medical measures no more than every 6 months and regardless of whether the court considered the issue during this period.
A person who is subjected to compulsory medical measures shall have the right to consult an independent psychiatrist of his/her choice in order to obtain an opinion on the state of his/her mental health. An opinion of the independent psychiatrist shall provide the grounds for changing or terminating the application of compulsory medical measures. In the absence of such grounds, the conclusion shall substantiate the need to continue the application of compulsory medical measures.
3. Should the application of compulsory medical measures be terminated due to a positive change in the mental state of a person, the court may transfer him/her to the care of relatives or guardians with mandatory medical supervision.
4. Should the application of compulsory medical measures be terminated due to recovery of a person who committed criminal offences in a state of sanity, but fell mentally ill before sentencing, he/she shall be sentenced on a general basis, and persons who fell mentally ill while serving a sentence may be subjected to further serving of the sentence.
{Article 95 as amended by Laws No. 2205-VIII of 14 November 2017, No. 2617-VIII of 22 November 2018}
Article 96. Compulsory treatment
1. Compulsory treatment may be ordered by a court in respect of persons who committed offences and have any disease dangerous to the health of others, irrespective of the punishment imposed on them.
2. In the event of imprisonment or restriction of liberty, treatment shall be provided at the place of service. In the event of any other type of punishment, treatment shall be provided in special treatment facilities.
{Article 96 as amended by Law No. 2617-VIII of 22 November 2018}
Article 96-1. Asset forfeiture
1. Asset forfeiture shall consists in compulsory forfeiture of money, valuables and other property without compensation by a court decision in the cases specified by this Code, provided that an intended criminal offence or a socially dangerous act that meet the criteria of the act provided for by Special Part of this Code, for which the primary punishment of imprisonment or a fine exceeding three thousand tax-free minimum incomes is prescribed, as well as provided for by part 1 of Article 150, Article 154, parts 2 and 3 of Article 159-1, part 1 of Article 190, Article 192, part 1 of Articles 204, 209-1, 210, parts 1 and 2 of Articles 212, 212-1, part 1 of Articles 222, 229, 239-1, 239-2, part 2 of Article 244, part 1 of Articles 248, 249, parts 1 and 2 of Article 300, part 1 of Articles 301, 302, 310, 311, 313, 318, 319, 362, Article 363, part 1 of Articles 363-1, 364-1, 365-2 hereof.
2. Asset forfeiture shall not be applied on the basis of:
2) court ruling on release of a person from criminal liability;
3) court rulings on the application of compulsory medical measures;
4) court rulings on the application of compulsory statutory aftercare.
3. In cases where the object of asset forfeiture is a property withdrawn from civil circulation, it may be applied on the basis of:
1) a court ruling on the closure of criminal proceedings on the grounds other than the release of a person from criminal liability;
2) a court ruling issued under part 9 of Article 100 of the Criminal Procedure Code of Ukraine, at the request of the investigator or prosecutor, if the criminal proceedings are closed by them.
{The Code has been supplemented with Article 96-1 under Law No. 222-VII of 18 April 2013; as revised by Law No. 1261-VII of 13 May 2014; as amended by Law No. 731-VIII of 08 October 2015; text of the Article 96-1 as amended by Law No. 770-VIII of 10 November 2015; as amended by Law No. 743-VIII of 03 November 2015; text of the Article 96-1 as amended by Law No. 1019-VIII of 18 February 2016; as amended by Law No. 2617-VIII of 22 November 2018}
Article 96-2. Cases of asset forfeiture
1. Asset forfeiture shall be applied if money, valuables and other property:
1) have been obtained due to committing a criminal offence and/or if they are income from such property;
2) they were intended (used) to persuade a person to commit a criminal offence, to finance and/or provide material support for a criminal offence or to be rewarded for its commission;
3) they were the subject of a criminal offence, except for those that are returned to the owner (legal owner), and in the case when it is not established, they become the property of the state;
4) were found, manufactured, adjusted or used as means or tools of committing a criminal offence, except for those returned to the owner (legal owner), who did not know and could not know about their illegal use.
2. If the money, valuables and other property referred to in part 1 of this Article have been fully or partially converted into other property, full or partially converted property shall be subject to the asset forfeiture. If the forfeiture of money, valuables and other property referred to in part 1 of this Article, at the time of the court decision on the asset forfeiture is impossible due to their use or inability to separate them from legally acquired property, or alienation, or for other reasons, the court shall decide to confiscate the amount of money corresponding to the value of such property.
3. Asset forfeiture shall also apply where a person is not subject to criminal liability in connection with reaching the age from which criminal liability may arise, or insanity, or is released from criminal liability or punishment on the grounds provided for by this Code, except for exemption from criminal liability in connection with the expiration of the statute of limitations.
4. Money, valuables, including funds in bank accounts or in custody in banks or other financial institutions, other property referred to in this Article shall be subject to asset forfeiture from a third party, if it acquired such property from the suspect, accused, a person who is prosecuted for committing a socially dangerous act at the age of which no criminal liability arises, or in a state of insanity, or from another person free of charge, at a market price or at a price above or below market value, who knew or should have known that such property meets any of the criteria specified in clauses 1–4, part 1 of this Article.
The above information about a third party shall be established in court on the basis of sufficient evidence.
Asset forfeiture may not be applied to property owned by a bona fide purchaser.
5. Asset forfeiture shall not apply to money, valuables and other property specified in this Article, which according to the law shall be returned to the owner (legal owner) or are intended for compensation of the damage caused by a criminal offence.
{Part 6 of Article 96-2 has been deleted under Law No. 1019-VIII of 18 February 2016}
{The Code has been supplemented with Article 96-2 under Law No. 222-VII of 18 April 2013; as amended by Laws No. 1261-VII of 13 May 2014, No. 770-VIII of 10 November 2015, No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018, No. 361-IX of 06 December 2019}
Section XIV-1
CRIMINAL LAW MEASURES APPLIED TO LEGAL ENTITIES
Article 96-3. Grounds for applying criminal law measures to legal entities
1. The grounds for applying criminal and law measures to a legal entity shall be as follows:
1) the commission by its authorised person on behalf of and for the benefit of a legal entity of any of the criminal offences provided for by Articles 209 and 306, parts 1 and 2 of Article 368-3, parts 1 and 2 of Article 368-4, Articles 369 and 369-2 hereof;
2) failure to fulfil the obligations imposed on its authorised person by law or the constituent documents of the legal entity to take measures to prevent corruption, which resulted in the commission of any of the criminal offences provided for by Articles 209 and 306, parts 1 and 2 of Article 368-3, parts 1 and 2 of Article 368-4, Articles 369 and 369-2 hereof;
3) the commission by its authorised person on behalf of a legal entity of any of the criminal offences provided for by Articles 258-258-5 hereof;
4) the commission by its authorised person on behalf of and for the benefit of a legal entity of any of the criminal offences provided for by Articles 109, 110, 113, 146, 147, parts 2–4, Article 159-1, Articles 160, 260, 262, 436, 437, 438, 442, 444, 447 hereof;
5) the commission by its authorised person on behalf of and for the benefit of a legal entity of any of the criminal offences provided for by Articles 255, 343, 345, 347, 348, 349, 376–379, 386 hereof;
6) the commission by its authorised person on behalf of and for the benefit of a legal entity in relation to a child or a minor of any of the criminal offences provided for by Articles 152–156-1, 301-1-303 hereof.
Note 1. Authorised persons of a legal entity shall mean officials of a legal entity, as well as other persons who under the law, constituent documents of a legal entity or an agreement are entitled to act on behalf of a legal entity.
2. Criminal offences provided for by Articles 109, 110, 113, 146, 147, 152–156-1, parts 2–4 159-1, Articles 160, 209, 255, 260, 262, 301-1-303, 306, 343, 345, 347, 348, 349, parts 1 and 2 of Article 368-3, parts 1 and 2 of Article 368-4, Articles 369, 369-2, 376-379, 386, 436, 437, 438, 442, 444, 447 hereof, shall be deemed committed for the benefit of a legal entity, if they resulted in obtaining its improper advantage or created the conditions for such advantage or were aimed at evading liability under the law.
{Article 96-3 as amended by Law No. 1261-VII of 13 May 2014, No. 731-VIII of 08 October 2015, No. 2617-VIII of 22 November 2018, No. 361-IX of 06 December 2019, No. 1256-IX of 18 February 2021}
Article 96-4. Legal entities that are subject to criminal law measures
1. Criminal law measures, in the cases provided for by clauses 1 and 2, part 1, Article 96-3 hereof, may be applied by a court to an enterprise, institution or organisation, except for government authorities, authorities of the Autonomous Republic of Crimea, local governments, organisations established by them in the prescribed manner, fully supported by the state or local budgets, foundations of compulsory state social insurance, the Deposit Guarantee Fund and international organisations.
2. Criminal law measures, in cases provided for by clauses 3–6, part 1 of Article 96-3 hereof, may be applied by court to the entities of private and public law of residents and non-residents of Ukraine, including enterprises, institutions or organisations, government authorities, authorities of the Autonomous Republic of Crimea, local governments, organisations established by them in the prescribed manner, funds and international organisations, other legal entities established in accordance with the requirements of national or international law.
If the state or state-owned entity owns more than 25 per cent of the legal entity or the legal entity is under the effective control of the state or state-owned entity, the legal entity shall be fully liable for the unlawfully obtained advantage and damage caused by the criminal offence committed by the state, entities of state property or state administration.
3. In the event of reorganisation of legal entities specified in parts 1 and 2 of this Article, criminal law measures may be applied to their successors to whom the property, rights and obligations related to the commission of criminal offences stipulated in clauses 1–6, Part 1 of Article 96-3 hereof have been transferred.
{Article 96-4 as amended by Laws No. 1261-VII of 13 May 2014, No. 2617-VIII of 22 November 2018, No. 361-IX of 06 December 2019, No. 720-IX of 17 June 2020, No. 1256-IX of 18 February 2021}
Article 96-5. Grounds for exemption of a legal entity from the application of criminal law measures
1. A legal entity shall be exempt from the application of criminal law measures, if from the date of commission by its authorised person of any criminal offence provided for by Article 96-3 hereof, and before the effective date of the sentence the following time limits have elapsed:
1) three years as for commission of a criminal offence;
2) five years as for commission of a minor crime;
3) ten years as for commission of a grave crime;
4) fifteen years as for commission of a special grave crime.
2. The statute of limitations for the application of criminal law measures to a legal entity shall be suspended if its authorised person who has committed any criminal offence provided for by Article 96-3 hereof hides from the pre-trial investigation and court authorities in order to avoid criminal liability and his/her location is unknown. In such cases, the statute of limitations shall be restored from the date of establishing the location of this authorised person.
3. The statute of limitations for the application of measures of a criminal law nature to a legal entity shall be suspended if, before the expiration of the terms provided for by parts 1 and 1 of this Article, its authorised person has repeatedly committed any criminal offence referred to in Article 96 -3 hereof.
4. In this case, the calculation of the statute of limitations shall begin from the date of commission by the authorised person of a legal entity of any criminal offence specified in Article 96-3 hereof. For this purpose, the statute of limitations shall be calculated separately for each criminal offence.
{Article 96-5 as amended by Law No. 2617-VIII of 22 November 2018}
Article 96-6. Types of criminal law measures applicable to legal entities
1. The following criminal law measures may be applied to legal entities by court:
2. A fine and liquidation may be applied to legal entities only as the primary criminal law measures, and forfeiture of property shall only be applied as an additional measure. When applying criminal law measures, a legal entity shall reimburse the damages and losses in full, as well as the amount of improper advantage obtained, which was obtained or could have been obtained by the legal entity.
1. A fine shall mean the amount of money paid by a legal entity under a court decision.
The court shall impose a fine based on twice the amount of illegally obtained improper advantage.
2. In the event the improper advantage has not been received, or its amount cannot be calculated, the court, depending on the gravity of the criminal offence committed by the authorised person of the legal entity, shall apply a fine in the following amounts:
from five to ten thousand tax-free minimum incomes for a criminal offence;
from ten to twenty thousand tax-free minimum incomes for a minor crime;
from twenty to seventy-five thousand tax-free minimum incomes for a grave crime;
from seventy-five to one hundred thousand tax-free minimum incomes for a special grave crime.
3. Having regard to the property status of a legal entity, the court may apply a fine with instalment payment in certain parts for up to three years.
{Article 96-7 as revised by Law No. 1261-VII of 13 May 2014; as amended by Laws No. 2617-VIII of 22 November 2018, No. 361-IX of 06 December 2019}
Article 96-8. Forfeiture of property
1. Forfeiture of property consists in compulsory confiscation of property of a legal entity without compensation and shall be applied by the court in case of liquidation of a legal entity in accordance with this Code.
1. Liquidation of a legal entity shall be applied by a court in case of commission by its authorised person of any of the criminal offences specified in Articles 109,110, 113, 146, 147, 152–156-1, 160, 209, 255, 258–258-5, 301-1–303, 260, 262, 306, 436, 436-1, 437, 438, 442, 444, 447 hereof.
{Article 96-9 as amended by Laws No. 317-VIII of 09 April 2015, No. 2617-VIII of 22 November 2018, No. 361-IX of 06 December 2019, No. 1256-IX of 18 February 2021}
Article 96-10. General procedure for the application of criminal law measures to legal entities
1. When applying criminal law measures to a legal entity, the court shall take a due account of the gravity of the criminal offence committed by its authorised person, the degree of criminal intent, the amount of damage, the nature and amount of illegal gain received or that could be received by the legal entity, measures taken by a legal entity to prevent criminal offences.
{Article 96-10 as amended by Law No. 2617-VIII of 22 November 2018}
Article 96-11. Application of criminal law measures to legal entities in respect of cumulative criminal offences
1. In respect of cumulative criminal offences within one proceeding, the court, applying to the legal entity criminal law measures for each criminal offence individually, shall determine the final primary measure by merging a less severe measure into more severe one.
2. When applying to a legal entity criminal law measures for a crime in the presence of an unfulfilled measure under the previous sentence (sentences) of the court, each of them shall be executed independently, except when the court applies the liquidation of the legal entity under this Code.
{Article 96-11 as amended by Law No. 2617-VIII of 22 November 2018}
{The Code has been supplemented with Section XIV-1 under Law No. 314-VII of 23 May 2013 as amended by Law No. 1207-VII of 15 April 2014}
Section XV
SPECIFIC ASPECTS OF CRIMINAL LIABILITY AND PUNISHMENT OF MINORS
Article 97. Discharge from criminal liability with imposition of compulsory reformation measures
1. A minor who committed a minor offence or a medium grave reckless offence for the first time, may be discharged from criminal liability, provided that his/her reformation is possible without imposition of punishment. In such cases, a court shall impose compulsory reformation measures provided for by part 2, Article 105 of this Code upon the minor.
2. A court shall also apply compulsory reformation measures provided for by part 2 of Article 105 hereof to a person who committed a socially dangerous act that classifies as an act provided for by the Special Part of this Code, before he/she attained the age of criminal liability.
3. Where a minor, who committed a criminal offence, evades compulsory reformation measures, such measures shall be cancelled and he/she shall be criminally prosecuted.
{Article 97 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 98. Types of punishment
1. The following types of punishment may be imposed on minors who committed any criminal offence:
5) imprisonment for a determinate period of time;
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 98 as amended by Law No. 2617-VIII of 22 November 2018}
1. A fine may be imposed only on minors who have independent income, personal finances or property, on which the execution of penalty may be levied.
2. The amount of the fine, including for the commission of a criminal offence, for which the primary punishment is provided only in the form of a fine exceeding three thousand tax-free minimum incomes, shall be established by the court depending on the gravity of the offence and having regard to the property state of a minor within the limits of up to five hundred tax-free minimum incomes of established by law.
3. A minor who does not have independent income, own funds or property, which may be subject to foreclosure, convicted of a criminal offence punishable only by a fine exceeding three thousand tax-free minimum incomes, may be punished with community service or correctional labour in accordance with the provisions of Articles 100, 103 hereof.
{Article 99 as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 100. Community service and correctional labour
1. Community service may be imposed on a minor of sixteen to eighteen years of age for a term of thirty to one hundred and twenty hours and shall consist in 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 labour may be imposed on a minor of sixteen to eighteen years of age to be performed at the place of his/her employment for a term of two months to one year.
3. A court shall establish an amount ranging from five to ten per cent of the salary of a minor sentenced to correctional labour, which shall be deducted in favour of the state.
Arrest shall imply detention of a minor, who attained the age of sixteen by the time of sentencing, in isolation at special institutions for a term of fifteen to forty-five days.
Article 102. Imprisonment for a determinate period of time
1. The term of punishment as imprisonment imposed on persons who were under eighteen years of age at the time of commission of an offence, may last from six months up to ten years, except for the cases provided for by clause 5, part 3 of this Article. Minors sentenced to imprisonment shall serve it at special reformatory institutions.
{Part 1 of Article 102 has been deleted under Law No. 2617-VIII of 22 November 2018}
3. Imprisonment shall be imposed on a minor who committed:
{Clause 1, part 3 of Article 102 has been deleted under Law No. 2617-VIII of 22 November 2018}
2) for a term of up to four years for a medium grave offence;
3) for a term of up to seven years for a grave offence;
4) for a term of up to ten years for a special grave offence.
5) for a term of up to fifteen years for a special grave offence involving an intended murder.
{Article 102 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 65–67 hereof, 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 offences or punishments may not exceed fifteen years.
{Article 103 as amended by Law No. 2617-VIII of 22 November 2018}
Article 104. Discharge from punishment on probation
1. Discharge from punishment on probation shall be applied to minors pursuant to Articles 75–78 hereof and subject to the provisions of this Article.
2. Discharge on probation may only be applied to minors sentenced to arrest or 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 supervision of another person, upon consent or request of the latter to undertake such obligation.
{Article 104 as amended by Law No. 270-VI of 15 April 2008}
Article 105. Discharge from punishment subject to compulsory reformatory measures
1. A minor, who has committed a minor or medium grave offence, may be discharged from punishment by a court, if it is found that the punishment may be discontinued due to the minor's genuine repentance and further irreproachable conduct.
2. In this case, the court shall impose the following reformatory measures on a minor:
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 fifteen 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 reformatory institution for children and teenagers until the minor's complete reformation 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.
3. A minor may be subjected to several compulsory reformatory measures provided for by part 2 of this Article. The duration of compulsory reformatory measures provided for by clauses 2 and 3, part 2 of this Article shall be determined by a sentencing court.
4. A court may also find it necessary to appoint a tutor for a minor pursuant to the procedures provided for by law.
{Article 105 as amended by Law No. 2617-VIII of 22 November 2018}
Article 106. Discharge from criminal liability and punishment due to the expiration of statute of limitations
1. Discharge from criminal liability and punishment due to the expiration of statute of limitations shall be applied to persons who committed criminal offences under eighteen years of age, pursuant to Articles 49 and 80 hereof and subject to the provisions of this Article.
2. The following statutes of limitations shall be applied in respect of persons specified in part 1 of this Article:
1) two years for a minor offence;
2) five years for a medium grave offence;
3) seven years for a grave offence;
4) ten years for a special grave offence.
3. The following periods of sentence enforcement shall be established in respect of persons specified in part 1 of this Article:
1) two years, where a person was sentenced to any punishment other than imprisonment, or to imprisonment for a minor offence;
2) five years, where a person was sentenced to imprisonment for a medium grave offence, or imprisonment for a term of up to five years for a grave offence;
3) seven years, where a person was sentenced to imprisonment for a term exceeding five years for a grave offence;
4) ten years, where a person was sentenced to imprisonment for a special grave offence.
{Article 106 as amended by Law No. 2617-VIII of 22 November 2018}
1. Parole may be applied to persons who serve their sentence of imprisonment imposed for an offence committed at the age under eighteen, regardless of the gravity of the offence.
2. Parole may be applied, if a person displays decent behaviour and diligence in work and studies as a proof of his/her reformation.
3. Parole may be applied to persons, who committed an offence at the age under eighteen, 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 offence, and also for a reckless grave offence;
2) not less than one-half of the term of imprisonment imposed by a court for an intended grave offence or reckless special grave offence, and also where that person had previously served a sentence of imprisonment imposed for an intended offence but committed another intended offence under eighteen years of age before the conviction was cancelled or revoked and he/she was sentenced for that offence to imprisonment;
3) not less than two-thirds of the term of imprisonment imposed by a court for an intended special grave offence, and also where that person had previously served a sentence of imprisonment and was paroled but committed another intended offence under eighteen years of age before the end of sentence and was sentenced for that offence 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 offence during the remaining part of the sentence, a court shall impose a punishment under the rules provided for by Articles 71 and 72 hereof.
{Article 107 as amended by Law No. 2617-VIII of 22 November 2018}
Article 108. Cancellation and revocation of conviction
1. Conviction of persons who committed any criminal offence at the age under eighteen shall be cancelled and revoked pursuant to Articles 88–91 hereof and subject to the provisions of this Article.
2. The following minors shall be deemed 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 offence, if they commit no further offence within one year from the date on which they completed to serve their sentence;
3) minors sentenced to imprisonment for a grave offence, if they commit no further offence within three years from the date on which they completed to serve their sentence;
4) minors sentenced to imprisonment for a special grave offence, if they commit no further offence within five years from the date on which they completed to serve their sentence;
3. Pre-term 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 offence committed at the age under eighteen, on such grounds as provided for by part 1 of Article 91 hereof, after completion of at least one-half of the cancellation period as provided for by part 2 of this Article.
{Article 108 as amended by Law No. 2617-VIII of 22 November 2018}
Section 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 with or without forfeiture of property.
2. Public appeals to violent change or overthrow of the constitutional order of take-over of government, and also distribution of materials with any appeals to commit any such actions
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term with or without forfeiture of property.
3. Any such actions, as provided for by part 2 of this Article, if committed by an official of government authorities or repeated, or committed by an organised group, or by means of mass media
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term with or without forfeiture of property.
{Article 109 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014, No. 1689-VII of 07 October 2014}
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 by the Constitution of Ukraine, and also public calls or distribution of materials with calls to commit any such actions
shall be punishable by imprisonment for a term of three to five years with or without forfeiture of property.
2. The same actions, if committed by an official of government authorities, or repeated, or committed by an organised group, or accompanied with exciting national or religious enmity
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
3. Any such actions, as provided for by parts 1 and 2 of this Article, if they caused the death of people or resulted in any other grave consequences
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment with or without forfeiture of property.
{Article 110 as amended by Laws No. 1183-VII of 08 April 2014, No. 1689-VII of 07 October 2014}
{Article 110-1 has been deleted under Law No. 767-VII of 23 February 2014}
Article 110-2. Financing of actions committed for the purpose of forcible change or overthrow of the constitutional order or take-over of government, change of boundaries of the territory or state border of Ukraine
1. Financing of actions committed to change the boundaries of the territory or state border of Ukraine in violation of the procedure established by the Constitution of Ukraine
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years, with forfeiture of property.
2. Financing of actions committed for the purpose of forcible change or overthrow of the constitutional order or take-over of government
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years, with forfeiture of property.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed repeatedly or for mercenary reasons, or by a group of persons upon their prior conspiracy, or on a large scale, or where they have caused considerable property damage
shall be punishable by imprisonment for a term of six to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
4. Any such actions as provided for by parts 1 or 2 of this Article, committed by an organised group or on a particularly large scale, or where they have resulted in other grave consequences
shall be punishable by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
5. A person, except for a leader of an organised group, shall be released from criminal liability for the actions provided for by this Article where he/she voluntarily stated what happened to the body whose official is entitled to report the suspicion before being notified of his/her suspicion of a crime, on the respective illegal activity or otherwise contributed to its cessation or prevention of the crime, which it financed or contributed to the commission of, provided that his/her actions do not constitute another crime.
Note. 1. The financing of actions provided for by this Article shall be deemed actions committed for the purpose of their financial or material support.
2. Financing of actions committed for the purpose of forcible change or overthrow of the constitutional order or take-over of government, change of the boundaries of the territory or state border of Ukraine shall be deemed committed on a large scale where the amount of financial or material support exceeds six thousand tax-free minimum incomes.
3. Financing of actions committed for the purpose of forcible change or overthrow of the constitutional order or take-over of government, change of boundaries of the territory or state border of Ukraine shall be deemed committed on a particularly large scale if the amount of its financial or material support exceeds eighteen thousand tax-free minimum incomes.
{The Code has been supplemented with Article 110-2 under Law No. 1533-VII of 19 June 2014}
1. High treason, that is an act wilfully committed by a citizen of Ukraine to the detriment of sovereignty, territorial integrity and inviolability, defence capability, and state, economic or information security of Ukraine: joining the enemy under martial law or armed conflict, espionage, assistance in subversive activities against Ukraine provided to a foreign state, a foreign organisation or their representatives
shall be punishable by imprisonment for a term of twelve to fifteen years with or without forfeiture of property.
2. A citizen of Ukraine shall be discharged from criminal liability where he/she has not committed any acts requested by a foreign state, a foreign organisation or their representatives and voluntarily reported his/her engagement with them and the task given to government authorities.
{Article 111 as amended by Laws No. 1183-VII of 08 April 2014, No. 1689-VII of 07 October 2014}
Article 112. Trespass against life of a statesman or a public figure
Trespass against life of the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Member of Parliament of Ukraine, Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, Chairman or member of the High Council of Justice, Chairman or member of the High Qualification Commission of Judges of Ukraine, Chairman or judge of the Constitutional Court of Ukraine or the Supreme Court of Ukraine, or higher specialised courts of Ukraine, Prosecutor General, Director of the National Anti-Corruption Bureau of Ukraine, Chairman or another member of the Accounting Chamber, Chairman of the National Bank of Ukraine, a leader of a political party, committed in connection with their state or public activity
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment with or without forfeiture of property.
{Article 112 as amended by Laws No. 1689-VII of 07 October 2014, No. 1698-VII of 14 October 2014, No. 576-VIII of 02 July 2015, No. 1798-VIII of 21 December 2016}
Arranging, for any purpose prejudicial to the state, explosions, arson, 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 defence 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 ten to fifteen years with or without forfeiture of property.
{Article 113 as amended by Laws No. 1183-VII of 08 April 2014, No. 1689-VII of 07 October 2014}
1. Providing information on state secrets or collecting such information in order to provide it to a foreign state, a foreign organisation or their representatives, where these actions are committed by a foreign national or stateless person
shall be punishable by imprisonment for a term of ten to fifteen years with or without forfeiture of property.
2. A person shall be discharged from criminal liability where that person has stopped any such activities as provided for by part 1 of this Article, and voluntarily reported about actions committed to government authorities, provided this and the measures taken have been sufficient to prevent any prejudice to the interests of Ukraine.
{Article 114 as amended by Laws No. 1183-VII of 08 April 2014, No. 1689-VII of 07 October 2014}
Article 114-1. Obstruction of lawful activity of the Armed Forces of Ukraine and other military groups
1. Obstruction of lawful activity of the Armed Forces of Ukraine and other military groups in a special period
shall be punishable by imprisonment for a term of five to eight years.
2. The same action that resulted in the death of people or other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
{Section I of the Special Part has been supplemented with Article 114-1 under Law No. 1183-VII of 08 April 2014}
Section II
CRIMINAL OFFENCES AGAINST LIFE AND HEALTH OF A PERSON
{Title of Section II as amended by Law No. 2617-VIII of 22 November 2018}
1. Murder, that is intended unlawful causing death of another person,
shall be punishable by imprisonment for a term of seven to fifteen years.
2) of a young child or a woman who, to the knowledge of the culprit, was pregnant;
3) of a hostage or an abductee;
4) committed with special brutality;
5) committed by a method dangerous to the lives of many people;
6) based on mercenary motives;
8) of a person or a person's close relative in connection with that person's official duties or public functions;
9) committed to conceal or facilitate another crime;
10) coupled with rape, or sexual abuse;
11) committed as a contracted murder;
12) committed by a group of persons upon their prior conspiracy;
13) committed by a person who has previously committed a murder, other than a murder provided for by Articles 116–118 hereof;
14) based on racial, national or religious intolerance
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 clause 6, part 2 of this Article.
{Article 115 as amended by Laws No. 270-VI of 15 April 2008, No. 1707-VI of 05 November 2009, No. 2227-VIII of 06 December 2017, No. 2617-VIII of 22 November 2018}
Article 116. Murder committed in the heat of passion
A murder committed in the heat of passion caused by ill-treatment, or treatment that humiliates the honour and dignity of a person, as well as in the presence of a systemic nature of such treatment of the victim
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Article 116 as amended by Law No. 2227-VIII of 06 December 2017}
Infanticide (murder of a newborn child by his/her mother) during delivery or immediately after it
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
Article 118. Murder in excess of necessary defence or in excess of measures necessary to apprehend an offender
A murder committed in excess of necessary defence or in excess of measures necessary to apprehend an offender
shall be punishable by correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years.
{Article 118 as amended by Law No. 2617-VIII of 22 November 2018}
Article 119. Negligent homicide
shall be punishable by restriction 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, which is caused by ill-treatment, blackmail, systematic humiliation of human dignity or systematic unlawful coercion to act contrary to his/her will, inducement to suicide and other acts conducive to suicide
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same action 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 restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Any such action as provided for by part 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 120 as amended by Law No. 2292-VIII of 08 February 2018}
Article 121. Intended grievous bodily injury
1. Intended grievous bodily injury, that is a wilful bodily injury which is dangerous to life at the time of infliction, or that resulted in a loss of any organ or its functions, genital mutilation, 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 characterised by significant torture, or committed by a group of persons, and also for the purpose of intimidating the victim or other persons, or based on racial, national and religious intolerance, or committed as a contracted offence, or which caused death of the victim
shall be punishable by imprisonment for a term of seven to ten years.
{Article 121 as amended by Laws No. 1707-VI of 05 November 2009, No. 2227-VIII of 06 December 2017}
Article 122. Intended bodily injury of medium gravity
1. Intended bodily injury of medium gravity, that is a wilful bodily injury which is not dangerous to life and does not result in the consequences provided for by Article 121 hereof, 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 labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of 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, or based on racial, national or religious intolerance
shall be punishable by imprisonment for a term of three to five years.
{Article 122 as amended by Law No. 1707-VI of 05 November 2009}
Article 123. Intended grievous bodily injury inflicted in the heat of passion
Intended grievous bodily injury inflicted in the heat of passion provoked by ill-treatment, or treatment humiliating dignity, as well as in the presence of a systemic nature of such treatment in respect of the victim
shall be punishable by community service for a term of one hundred and fifty to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years.
{Article 123 as amended by Law No. 2227-VIII of 06 December 2017}
Article 124. Intended grievous bodily injury inflicted in excess of necessary defence or in excess of measures necessary to apprehend an offender
Intended grievous bodily injury inflicted in excess of necessary defence or in excess of measures necessary to apprehend an offender
shall be punishable by community service for a term of one hundred and fifty to two hundred and forty hours, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restraint of freedom for a term of up to two years, or imprisonment for the same period.
{Article 124 as amended by Law No. 2617-VIII of 22 November 2018}
Article 125. Intended minor bodily injury
1. Intended minor bodily injury
shall be punishable by a fine of up to fifty tax-free minimum incomes, or community service for a term of up to two hundred hours, or correctional labour for a term of 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 a fine in the amount of fifty to one hundred tax-free minimum incomes, or community service for a term of up to one hundred and fifty to two hundred and forty hours, or correctional labour for a term of up to one year, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
{Article 125 as amended by Law No. 270-VI of 15 April 2008}
Article 126. Battery and torture
Intended blows, battery or other violent acts that caused physical pain but no bodily injury
shall be punishable by a fine of up to fifty tax-free minimum incomes, or community service for a term of up to two hundred hours, or correctional labour for a term of up to one year.
2. The same actions characterised by torture, committed by a group of persons or for the purpose of intimidating the victim or his/her relatives, or based on racial, national or religious intolerance
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Article 126 as amended by Law No. 1707-VI of 05 November 2009}
Article 126-1. Domestic violence
Domestic violence, that is intentional systematic physical, psychological or economic violence against a spouse or ex-spouse or another person with whom an offender is (was) in a family or close relationships, physical or psychological suffering, health disorders, disability, emotional dependence or deterioration of the victim's quality of life
shall be punishable by community service for a term of up to one hundred and fifty to two hundred and forty hours, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years, or imprisonment for up to two years.
{The Code has been supplemented with Article 126-1 under Law No. 2227-VIII of 06 December 2017}
1. Torture, that is wilful causing of severe physical pain or physical or mental suffering by way of battery, martyrising or other violent actions for the purpose of inducing the victim or any other person to commit involuntary actions, including receiving from him/her or any other person information or confession, or for the purpose of punishing him/her or any other person for the actions committed by him/her or any other person or for committing of which he/she or any other person is suspected of, as well as for the purpose of intimidation and discrimination of him/her of other persons
shall be punishable by imprisonment for a term of two to five years.
2. The same actions repeated or committed by a group of persons upon their prior conspiracy, or based on racial, national or religious intolerance
shall be punishable by imprisonment for a term of five to ten years.
{Article 127 as revised by Laws No. 2322-IV of 12 January 2005, No. 270-VI of 15 April 2008; as amended by Law No. 1707-VI of 05 November 2009}
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 one hundred and fifty to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to two years, or imprisonment for the same period.
{Article 128 as amended by Law No. 2617-VIII of 22 November 2018}
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 of up to six months, or restriction of liberty for a term of up to two years.
2. The same action committed by a member of an organised group or based on racial, national or religious intolerance
shall be punishable by imprisonment for a term of three to five years.
{Article 129 as amended by Law No. 1707-VI of 05 November 2009}
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 of up to three months, or by restriction of liberty for a term of up to five years, or imprisonment for a term of 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/herself being a circulator of this virus
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by part 2 of this Article, if committed in respect of two or more persons or a minor
shall be punishable by imprisonment for a term 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 medical or pharmaceutical worker 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 restriction of liberty for a term of 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 of up to three years.
2. The same action 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 of 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 authorisation, or a medical worker 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 fifty to one hundred tax-free minimum incomes, or community service for a term of up to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of 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 labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. Any such actions as provided for by part 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 restriction of liberty for a term of up to five years, or imprisonment for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of two to five years.
Article 134. Illegal abortion or a sexualisation
1. Performance of an abortion by a person who has no special medical education
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes, or community service for a term of one hundred to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. Forcing an abortion without the voluntary consent of the victim
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for up to three years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. Illegal performance of an abortion that caused a lasting health disorder, sterility or death of the victim
shall be punishable by restriction of liberty for a term of up 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 of up to three years.
4. Forcing a sexualisation without the voluntary consent of the victim
shall be punishable by restriction of liberty for a term of up to five years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
5. Any such actions as provided for by part 4 of this Article, if it caused the death of the victim or other grave consequences
shall be punishable by restriction of liberty for a term of up 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 of up to three years.
{Article 134 as revised by Law No. 2227-VIII of 06 December 2017; as amended by Law No. 2617-VIII of 22 November 2018}
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/her, and where this one himself/herself put the victim in a condition dangerous to life
shall be punishable by restriction of liberty for a term of 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 restriction of liberty for a term of up to three years, or imprisonment for the same term.
3. Any such actions as provided for by part 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 one thousand to four thousand tax-free minimum incomes, or community service for a term of one hundred and fifty to two hundred and forty hours, or arrest for a term of 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 five hundred to one thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused death of the victim
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of two to five years.
{Article 136 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 of one thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of up to three years, of 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 of up to three years.
2. Any such actions that caused death of a minor or resulted in other grave consequences
shall be punishable by restriction of liberty for a term of three 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 of up to three years.
{Article 137 as amended by Laws No. 2556-VI of 23 September 2010, No. 2617-VIII of 22 November 2018}
Article 138. Illegal medical practice
Engaging in an illegal medical practice without a special license by a person who has no appropriate medical education, where this has caused grave consequences for the patient
shall be punishable by correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to three years.
Article 139. Failure of a medical worker to provide help to a patient
1. Failure to provide help to a patient without good excuse by a medical worker who was obliged to provide such help in line with the established rules, where this worker knew that this may result in grave consequences for the patient
shall be punishable by a fine of up to fifty tax-free minimum incomes with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or community service for a term of up to two hundred hours, or correctional labour for a term of up to two years.
2. The same action that caused death of the patient or resulted in other grave consequences
shall be punishable by restriction of liberty for a term of up to four years, or imprisonment for up to three years with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
{Article 139 as amended by Law No. 270-VI of 15 April 2008}
Article 140. Improper performance of professional duty by a medical or pharmaceutical worker
1. Failure to perform or improper performance of professional duty by a medical or pharmaceutical worker due to neglect or 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 of up to five years, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. This same action that resulted in grave consequences in respect of a minor
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Article 141. Violation of rights of a patient
Clinical medicine testing performed without a written consent of a patient or his/her legal representative, or performed in respect of a minor or a legally incapable person, where such actions caused death or other grave consequences
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
{Article 141 as amended by Law No. 270-VI of 15 April 2008}
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 of up to two hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to four years, or imprisonment for a term of up to three years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. Any such actions as provided for by part 1 of this Article, where committed with regard to a minor, or two or more persons, by coercion or deception, or where they caused a lasting health disorder of the victim
shall be punishable by restriction of liberty for a term of up 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 of up to three years.
{Article 142 as amended by Law No. 2617-VIII of 22 November 2018}
Article 143. Violation of the statutory procedure for transplantation of human anatomical materials
1. Intentional violation of the statutory procedure for the transplantation of human anatomical materials, which caused significant damage to the health of the victim
shall be punishable by a fine of up to fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. Removal of anatomical materials from a human being by coercion or deception for the purpose of their transplantation
shall be punishable by imprisonment for a term of up to five years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 2 of this Article, where committed with regard to a person who was in helpless condition or financial or any other dependence on the culprit
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. Illegal trade in anatomical materials of a human being
shall be punishable by imprisonment for a term of up to five years.
5. Any such actions as provided for by parts 2, 3 or 4 of this Article, where committed by a group of persons upon their prior conspiracy, or participation in transnational organisations engaged in such activity
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 143 as amended by Law No. 2427-VIII of 17 May 2018; as amended by Laws No. 2617-VIII of 22 November 2018, No. 418-IX of 20 December 2019}
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 of up to three years, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to two years, with or without a fine of up to fifty tax-free minimum incomes.
2. Any actions as provided for by part 1 of this Article, where committed with regard to a minor or a person who was in helpless condition or financial or any other dependence on the culprit
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for a term of up to three years, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 and 2 of this Article, where committed by a group of persons upon their prior conspiracy, or for the purpose of sale
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 of 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 of up to one thousand or four thousand tax-free minimum incomes, or community service for a term of up to two hundred and forty hours, or deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or correctional labour for a term of up to two years.
{Article 145 as amended by Law No. 2617-VIII of 22 November 2018}
Section III
CRIMINAL OFFENCES AGAINST LIBERTY, HONOUR AND DIGNITY OF A PERSON
{Title of Section III as amended by Law No. 2617-VIII of 22 November 2018}
Article 146. Illegal confinement or abduction of a person
1. Illegal confinement or abduction of a person
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions committed with regard to a minor, or for mercenary motives, or with regard to 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/her, or with the use of weapons, or within a lasting period of time
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group, or where they caused any grave consequences
shall be punishable by imprisonment for a term of five to ten years.
1. Arrest, detention, abduction or deprivation of liberty of a person in any other form, committed by a representative of a state, including a foreign one, with subsequent refusal to recognise the fact of such arrest, detention, abduction or deprivation of liberty of a person in any other form or concealment of data on the fate of such a person or his/her place of detention
shall be punishable by imprisonment for a term of three to five years.
2. Issuance of an order or directive to commit the acts specified in part 1 of this Article, or failure of head who became aware of the actions specified in part 1 of this Article, his/her subordinates to stop them and failure to notify the competent authorities of the crime
shall be punishable by imprisonment for a term of five to seven years.
Note. 1. Under this Article, a representative of the state shall mean an official, as well as a person or group of persons acting with the permission, support or consent of the state.
2. Under this Article, representatives of a foreign state mean persons acting as civil servants of a foreign state or serving in the armed forces, police, state security, intelligence agencies, or persons holding positions in these or any other government authorities or local governments of a foreign state, established under its laws, or acting upon the orders of such persons, as well as representatives of irregular illegal armed groups, armed gangs and groups of mercenaries created by, subordinated to, managed and financed by the Russian Federation, as well as representatives of the occupation administration of the Russian Federation, which consists of its state bodies and structures functionally responsible for the administration of the temporarily occupied territories of Ukraine, and representatives of the self-proclaimed bodies controlled by the Russian Federation, which usurped the performance of power functions in the temporarily occupied territories of Ukraine.
{The Code has been supplemented with Article 146-1 under Law No. 2505-VIII of 12 July 2018}
1. Taking or holding a person as a hostage with the intent to induce relatives of the hostage, any government agency or other institution, enterprise or organisation, any individual or official to commit 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 actions committed in respect of a minor, or by an organised group, or accompanied with threats to kill 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 restriction of liberty for a term of up to five years, or imprisonment for the same term.
Article 149. Trafficking in human beings
1. Trafficking in human beings, as well as recruitment, movement, concealment, transfer or receipt of a person committed for the purpose of exploitation, coercion, abduction, fraud, blackmail, material or other dependence of the victim, his/her vulnerable condition or bribery of a third party controlling victim, to obtain consent for his/her 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, or involving violence that, however, poses no threat to life or health of the victim or his/her relatives, or accompanied with threat to use violence
shall be punishable by imprisonment for a term of five to twelve years with or without forfeiture of property.
3. Any such actions provided for by part 1 or 2 of this Article, committed against a minor by his/her parents, adoptive parents, guardians or custodians, or committed against a child or an organised group, or combined with violence dangerous to life or health of a victim or his/her relatives, or with the threat of such violence, or if they resulted in grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years with or without forfeiture of property.
Note. 1. Note. 1. Under this Article, exploitation of a human being shall mean all forms of the sexual exploitation, using in the porn industry, forced labour or forced servicing, servitude or usages similar to servitude, servile status, involvement into indentured servitude, body organs’ removal, experimentation on a person without his/her consent, adoption with the purpose of gain, forced pregnancy or forced termination of pregnancy, forced marriage, forced involving in begging, involving in criminal activity, using in armed conflicts, etc.
2. Under Articles 149 and 303 hereof, a person's vulnerable state shall mean the state of a person caused by physical or mental properties or external circumstances, that eliminates or limits the ability to realise his/her acts (omission) or to control them, to take independent decisions, to resist the violent or other unlawful actions, the coincidence of difficult personal, family or other circumstances.
3. Under this Article, responsibility for impressment, relocation, concealing, transferring or receiving a child or minor shall arise notwithstanding whether such actions were committed with use of force, abduction, deception, blackmail or vulnerable state of the said persons, or with the use of threat to use violence, or through abuse of power, or by person on whom the victim was materially or other dependent or bribing a third party who controls the victim to obtain his/her consent to human exploitation.
{Article 149 as revised by Laws No. 3316-IV of 12 January 2006, No. 2539-VIII of 06 September 2018}
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 of up to six months, or restriction of liberty for a term of up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. The same actions committed with regard to 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 labour 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 of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, if committed by an organised group
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 150 as amended by Laws No. 3571-VI of 05 July 2011}
Article 150-1. The use of a minor for begging
1. The use by parents or adoptive parents of a child for begging (systematic wheedling of money, goods, other valuables from strangers)
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions committed with regard to a strange child or associated with violence or threat of its use, as well as committed repeatedly or by a person who had previously committed one of the crimes under Articles 150, 303, 304 hereof, or by a group of persons upon their prior conspiracy
shall be punishable by restrain of liberty for a term of five years or imprisonment for a term of three to eight years.
2. Any such actions as provided for by parts 1 and 2 of this Article, committed by an organised group, or where bodily injury of medium gravity or grievous bodily injury were caused to a child due to such actions
shall be punishable by imprisonment for a term of five to ten years.
{The Code has been supplemented with Article 150-1 under Law No. 894-VI of 15 January 2009; as amended by Laws No. 3571-VI of 05 July 2011, No. 2617-VIII of 22 November 2018}
Article 151. Illegal placement of a person in a psychiatric care facility
1. Placement of a person known to be mentally sane in a psychiatric care facility
shall be punishable by arrest for a term of three to six months, or restriction of liberty for a term of up to two years, or imprisonment for the same term, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. The same action that resulted in 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 of up to three years.
{Article 151-1 has been deleted under Law No. 767-VII of 23 February 2014}
Article 151-2. Forced marriage
1. The coercion of a person to marry or to continue a forcible marriage, or to enter into cohabitation without marriage, or to continue such cohabitation, or to induce for that purpose a person to move to a territory other than that in which he/she resides
shall be punishable by arrest for a term of up to six months or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
2. The same actions committed repeatedly or committed by a group of persons upon their prior conspiracy, or in respect of a person who has not reached the age of marriage in accordance with the law, or in respect of two or more persons
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Section ІІІ of the Special Part has been supplemented with Article 151-2 under Law No. 2227-VIII of 06 December 2017}
Section IV
CRIMINAL OFFENCES AGAINST SEXUAL FREEDOM AND SEXUAL INVIOLABILITY OF A PERSON
{Title of Section IV as amended by Law No. 2617-VIII of 22 November 2018}
1. Committing sexual acts involving vaginal, anal or oral penetration into the body of another person using the genitals or any other item, without the voluntary consent of the victim (rape)
shall be punishable by imprisonment for a term of three to five years.
2. Rape committed repeatedly or by a person who has previously committed any of the criminal offences provided for by Articles 153—155 hereof, or the commission of such acts in respect of a spouse or former spouse or other person with whom an offender is (was) in a family or close relationships, or in relation to a person in connection with the performance of official, professional or public duties, or in respect of a woman who was pregnant and an offender knew it
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. Any such actions as provided for by part 1 of this Article, committed against a person under fourteen years of age, regardless of his/her voluntary consent
shall be punishable by imprisonment for a term of ten to fifteen years.
5. Any such actions as provided for by parts 1, 1 or 3 of this Article that resulted in any grave consequences
shall be punishable by imprisonment for a term of ten to fifteen years.
6. Any such actions as provided for by part 4 of this Article committed repeatedly or by a person who has previously committed any of the offences provided for by part 4 or 5 of Article 153, Article 155 or part 2 of Article 156 hereof
shall be punishable by imprisonment for a term of fifteen years or life imprisonment.
Note: Consent shall be deemed voluntary if it is the result of a person's free act and deed, with due account of attending circumstances.
{Article 152 as amended by Law No. 2295-VI of 01 June 2010; as revised by Law No. 2227-VIII of 06 December 2017; as amended by Laws No. 2617-VIII of 22 November 2018, No. 409-IX of 19 December 2019}
1. Committing any sexual violence, not related to the penetration into another person's body, without the voluntary consent of the victim (sexual violence)
shall be punishable by imprisonment for a term of up to five years.
2. Sexual violence committed repeatedly or by a person who has previously committed any of the criminal offences provided for by Articles 152, 154, 155 hereof, or the commission of such acts in respect of a spouse or former spouse or other person with whom an offender is (was) in a family or close relationships, or in relation to a person in connection with the performance of official, professional or public duties, or in respect of a woman who was pregnant and an offender knew it
shall be punishable by imprisonment for a term of three to seven years.
3. Sexual violence committed by a group of persons or sexual violence against a minor
shall be punishable by imprisonment for a term of five to seven years.
4. Any such actions as provided for by part 1 of this Article, where committed against a person under fourteen years of age, regardless of his/her voluntary consent
shall be punishable by imprisonment for a term of five to ten years.
5. Any such actions as provided for by parts 1, 2, 3 and 4 of this Article that resulted in any grave consequences
shall be punishable by imprisonment for a term of ten to fifteen years.
6. Any such actions as provided for by part 4 of this Article, where committed repeatedly or by a person who has previously committed any of the offences provided for by part 4 of Article 153, Article 155 or Part 2 of Article 156 hereof
shall be punishable by imprisonment for a term of fifteen years or life imprisonment.
{Article 153 as amended by Laws No. 2276-IV of 21 December 2004, No. 2295-VI of 01 June 2010; as revised by Law No. 2227-VIII of 06 December 2017; as amended by Laws No. 2617-VIII of 22 November 2018, No. 409-IX of 19 December 2019, No. 720-IX of 17 June 2020}
Article 154. Compulsion to sexual intercourse
1. Forcing a person without his/her voluntary consent to commit an act of a sexual nature with another person
shall be punishable by a fine of up to fifty tax-free minimum incomes or arrest for a term of up to six months.
2. Forcing a person without his/her voluntary consent to commit an act of a sexual nature with a person the victim is materially or professionally dependent from
shall be punishable by a fine of up to one thousand tax-free minimum incomes or restriction of liberty for up to two years.
3. Any such actions as provided for in part 1 or 2 of this Article, where accompanied with threats of destruction, damage or seizure of the property of the victim or his/her close relatives, or with the threats of disclosure of information disgracing him/her or his/her close relatives
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
{Article 153 as amended by Law No. 2227-VIII of 06 December 2017}
Article 155. Committing acts of sexual nature with a person under sixteen years of age
1. Committing by an adult of acts of sexual nature associated with the vaginal, anal or oral penetration into the body of a person under the age of sixteen, using the genitals, another organ or part of the body or any item
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. The same acts committed by close relatives or family members, a person who is responsible for the upbringing or care of the victim, or if they are associated with the provision of monetary or other remuneration to the victim or a third party or with a promise of such remuneration, or where they have caused infertility or any other grave consequences
shall be punishable by imprisonment for a term of five to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. Under Articles 155 and 156 hereof, close relatives or family members shall mean persons defined by clause 1, part 1 of Article 3 of the Criminal Procedure Code of Ukraine.
{Article 155 as amended by Law No. 600-VI of 25 September 2008; as revised by Laws No. 2334-VIII of 14 March 2018, No. 1256-IX of 18 February 2021}
Article 156. Debauchery of minors
1. Debauched actions committed with regard to a person under sixteen years of age
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Paragraph 2, part 1 of Article 156 as revised by Law No. 600-VI of 25 September 2008}
2. The same acts committed against a child or committed by family members or close relatives, a person who is responsible for the upbringing or care of the victim
shall be punishable by imprisonment for a term of five to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Part 2 of Article 156 as revised by Laws No. 600-VI of 25 September 2008, No. 2334-VIII of 14 March 2018}
Article 156-1. Harassment of a child for sexual purposes
1. Proposal of a meeting made by an adult, including through the use of information and telecommunication systems or technologies, to a person under the age of sixteen, for the purpose of committing any acts of sexual nature or debauched acts against him/her, where after such a proposal at least one action was taken to ensure that meeting will take place
shall be punishable by restriction of liberty for a term of 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 of up to three years.
1. Proposal to meet made by an adult, including through the use of information and telecommunication systems or technologies, to a person under the age of sixteen, for the purpose of committing any acts of sexual nature or debauched acts against him/her, where after such proposal at least one action was taken to ensure that such meeting will take place
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 of up to three years.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed repeatedly or by a group of persons upon their prior conspiracy, or in respect of a child
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. 1. Under this Article, a meeting shall also mean a meeting, which involves the use of information and telecommunications systems or technologies.
2. Under this Article and Article 301-1 hereof, child pornography shall mean depicting in any way a child or a person who looks like a child, in a real or simulated sexually explicit image or involved in real or simulated sexual behaviour, or any image of the child's genitals for sexual purposes.
{The Code has been supplemented with Article 156-1 under Law No. 1256-IX of 18 February 2021}
Section V
CRIMINAL OFFENCES AGAINST ELECTORAL, LABOUR AND OTHER PERSONAL RIGHTS AND FREEDOMS OF A HUMAN BEING AND A CITIZEN
{Title of Section V as amended by Law No. 2617-VIII of 22 November 2018}
Article 157. Preclusion of the right to vote, or the right to take part in a referendum, the work of an election commission or referendum commission, or activities of an official observer
1. Preclusion of a citizen from free exercise of the right to vote, or the right to take part in a referendum, preclusion of activities of other party to the election process, or referendum process, an initiative group to conduct a referendum, referendum commission, member of an election commission, member of an initiative group to conduct a referendum, member of a referendum commission, or an official observer in fulfilling their duties or exercising their rights, accompanied by deception or coercion
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions accompanied with violence, destruction of or damage to property, threat to apply violence or destroy or damage property
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by a group of persons upon their prior conspiracy, or by a member of election commission or referendum commission
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
4. Illegal interference of an official in the activities of an election commission, a referendum commission or a member of an election commission, a referendum commission through abuse of official position in order to influence their actions or decisions
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
5. Evasion of a member of an election commission or a member of a referendum commission from performing his/her duties in the work of a commission without valid reasons, which resulted in the impossibility of operation of the election commission, referendum commission on the election day, counting of votes at an election precinct or referendum precinct, establishing the results of voting in the respective election or referendum district, establishing the results of elections or referendum
shall be punishable by restriction of liberty for a term of 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 of up to five years.
{Article 157 as revised by Law No. 3504-IV of 23 February 2006; as amended by Laws No. 270-VI of 15 April 2008, No. 1616-VI of 21 August 2009, No. 1703-VII of 14 October 2014; as revised by Law No. 805-IX of 16 July 2020}
Article 158. Providing false information to the body maintaining the State Register of Voters or other unauthorised interference in the operation of the State Register of Voters
1. Intended submission to the State Register of Voters of false information about voters, intended entry of false information into the database of the State Register of Voters, unauthorised actions with information contained in the database of the State Register of Voters, or other unauthorised interference with the database of the State Register of Voters
shall be punishable by imprisonment for a term of two to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
2. Any such actions as provided for by part 1 of this Article, committed repeatedly or by a group of persons upon their prior conspiracy, by a member of an election commission or a referendum commission, an official abusing his/her official position, an authorised representative of a candidate for President of Ukraine, a party representative, a representative of a party to the all-Ukrainian referendum process in the Central Election Commission, authorised person of a political party, representative of a party organisation in the election commission, authorised persons of a party to the all-Ukrainian referendum process, member of the referendum initiative group, candidate, proxy of a candidate, or where such actions resulted in impossibility to establish voting results at the election or referendum precinct, the results of voting in the respective election or referendum district, or before the voting at the election or referendum precinct is declared invalid
shall be punishable by imprisonment for a term of seven to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
{Article 158 as amended by Law No. 744-IV of 15 May 2003; as revised by Law No. 3504-IV of 23 February 2006; as amended by Law No. 698-V of 22 February 2007; as revised by Laws No. 1703-VII of 14 October 2014, No. 805-IX of 16 July 2020}
Article 158-1. Illegal use of a voting paper, a referendum ballot paper, voting by a voter or a referendum participant for more than once, theft, damage, concealment or destruction of a voting paper, a referendum ballot paper
1. Providing or receiving a voting paper or a referendum ballot paper by a person who is not entitled to provide or receive it, or providing a voter, a referendum participant with a completed voting paper or referendum ballot paper, or voting by a voter or a referendum participant for more than once, illegal dropping of a voting paper or a referendum ballot paper to the ballot box
shall be punishable by a fine of one hundred to three hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years.
2. Theft, damage, concealment or destruction of a voting paper, a referendum ballot paper
shall be punishable by a fine of two hundred to four hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years.
3. Any such actions as provided for by parts 1 or 2 of this Article committed repeatedly or by a group of persons upon their prior conspiracy, a candidate, a member of an election commission or a member of a referendum commission, a candidate's proxy, a political party's authorised representative, a representative of a party organisation in the election commission, an authorised person of a party to the all-Ukrainian referendum process, a member of the referendum initiative group, an official observer, or where such actions resulted in the impossibility of counting votes at the election or referendum precinct or before invalidating of voting at the election or referendum precinct
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
Note. Entity of the criminal offence specified in part 2 of this Article shall not be voters or referendum participants who have committed the actions provided for by this part in respect of their voting paper or referendum ballot paper.
{The Code has been supplemented with Article 158-1 under Law No. 1616-VI of 21 August 2009; as amended by Law No. 879-VII of 13 March 2014; as revised by Law No. 1703-VII of 14 October 2014; as amended by Law No. 2617-VIII of 22 November 2018; as revised by Law No. 805-IX of 16 July 2020}
Article 158-2. Illegal destruction or damage to election or referendum documents
1. Illegal destruction or damage to election or referendum documents in archival institutions or in the Central Election Commission after the election or referendum
shall be punishable by restriction 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 an election commission or a member of a referendum commission, or another official abusing his/her official position
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
Note. Under this Article and Article 158-3 hereof, the election documents shall mean voter lists, voting papers, all resolutions, protocols, acts of election commissions, statements and submissions of members of the election commission, parties to election process, other documents adopted (compiled) by election commissions and/or submitted to election commissions during the election process and which are subject to storage after the elections in state archival institutions or in the Central Election Commission of Ukraine.
Under this Article and Article 158-3 hereof, referendum documents shall mean the lists of referendum participants, referendum ballot papers, control coupons for referendum ballot papers, all resolutions, protocols, acts, statements and submissions of members of referendum commissions, other documents adopted (compiled) by referendum commissions or submitted to the referendum commissions during the referendum, and which are subject to storage after the referendum in archival institutions or in the Central Election Commission.
{The Code has been supplemented with Article under Law No. 3169-IV of 01 December 2005; as amended by Law No. 805-IX of 16 July 2020}
Article 158-3. Fabrication, forgery, theft, damage or destruction of election or referendum documents, theft, damage, concealment, destruction of the seal of the election or referendum commission, a ballot box, the list of voters or referendum participants
1. Signing by a chairperson, deputy chairperson, secretary, other member of the election or referendum commission of the vote counting protocol at the election or referendum precinct, vote counting protocol within the respective election or referendum district or election or referendum results before the final completion of the protocol, as well as signing of such protocol other that at a meeting of the election or referendum commission
shall be punishable by imprisonment for a term of two to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
2. Forgery or illegal production of election or referendum documents, use or storage of illegally prepared or forged election or referendum documents, as well as inclusion in the election or referendum documents of knowingly false information
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
3. Theft, damage, concealment, destruction of the seal of the election or referendum commission, a ballot box, the list of voters or referendum participants or vote counting protocol or referendum vote counting protocol, on the results of voting within the respective election or referendum district, on the results of election or referendum
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
4. Any such actions as provided for by parts 1, 2 or 3 of this Article, committed repeatedly or by a group of persons upon their prior conspiracy or by an official abusing official position, or where such actions have made it impossible to count votes at an election or referendum precinct, to establish the results of voting in the respective election or referendum district, to establish the results of the election or referendum, or before the voting at the election or referendum precinct is declared invalid
shall be punishable by imprisonment for a term of seven to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
5. A person shall be released from criminal liability for an offence provided for by part 1 of this Article if he/she voluntarily informed about the commission of a crime and facilitated its detection prior to criminal prosecution.
{The Code has been supplemented with Article 158-3 under Law No. 805-IX of 16 July 2020}
Article 159. Violation of the secrecy of voting
1. Intended violation of secrecy of voting during the election or referendum, which resulted in disclosure of the will of a citizen who took part in the election or referendum
shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for up to two years.
2. The same action committed by a member of an election or referendum commission, a candidate, an authorised person of a political party, a representative of a party organisation in an election commission, an authorised person of a party to the all-Ukrainian referendum process, a candidate's proxy, a member of a referendum initiative group or an official abusing his/her official position
shall be punishable by restriction of liberty for a term of up to three years or imprisonment for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of five years.
{Article 159 as revised by Laws No. 3504-IV of 23 February 2006, No. 805-IX of 16 July 2020}
Article 159-1. Violation of the procedure for financing a political party, election or referendum campaigning
1. Submission of knowingly false information in the report of a political party on property, income, expenses and liabilities of a financial nature or in the financial report on receipt and use of funds of the election foundation of a political party, local organisation of a political party, a candidate
shall be punishable by a fine of one hundred to three hundred tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for the same term, deprivation of the right to hold certain positions or engage in certain activities for five years.
2. Intended contribution to the support of a political party by a person who is not entitled to do it, or on behalf of a legal entity that is not entitled to do it, intended contribution for the benefit of a political party by an individual or on behalf of a legal entity in large amount, intended providing financial (material) support for election or referendum campaigning by an individual or on behalf of a legal entity in large amount or by a person who is not entitled to do it, or on behalf of a legal entity who is not entitled to do it, as well as intended receipt of a contribution in favour of a political party from a person who is not entitled to make such a contribution, or in large amount, intended receipt of financial (material) support large amount in the conduct of election or referendum campaigning, intended receipt of such financial (material) support from a person who is not entitled to provide such financial (material) support
shall be punishable by a fine of one hundred to three hundred tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for the same term, deprivation of the right to hold certain positions or engage in certain activities for five years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed repeatedly
shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for the same term, deprivation of the right to hold certain positions or engage in certain activities for five years.
4. Any such actions as provided for by part 2 of this Article, committed by a group of persons upon their prior conspiracy, by an organised group or accompanied with the demand for a contribution or financial (material) support in the conduct of election or referendum campaigning
shall be punishable by restriction of liberty for a term of five years or imprisonment for the same term, deprivation of the right to hold certain positions or engage in certain activities for a term of five years.
Note. Under this Article, a large amount shall mean the amount of money, value of property, benefits, services, loans, advantages, intangible assets, any other benefits of intangible or non-monetary nature exceeding the statutory maximum amount of contribution to support a political party or the maximum amount of financial (material) support for the conduct of election or referendum campaigning.
{The Code has been supplemented with Article 159-1 under Law No. 3504-IV of 23 February 2006; as amended by Law No. 1703-VII of 14 October 2014; as revised by Law No. 731-VIII of 08 October 2015; as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018, No. 805-IX of 16 July 2020}
Article 160. Bribery of a voter, referendum participant, member of an election or referendum commission
1. Acceptance of a proposal, promise or receipt by a voter, referendum participant, member of an election or referendum commission, official observer of improper advantage for himself/herself or a third party for committing or failure to commit any actions related to the direct exercise of his/her suffrage, rights to participate in the referendum
shall be punishable by a fine of three hundred to four hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for the same term.
2. Proposing, promising or granting to a voter or referendum participant, a candidate, a member of an election or referendum commission of an improper advantage for committing or failure to commit any actions related to the direct exercise of his/her suffrage, the right to participate in a referendum
shall be punishable by restriction of liberty for a term of up to three years or imprisonment for a term of two to six years, with deprivation of the right to hold certain positions or engage in certain activities for a term of five years.
3. Providing voters, referendum participants, legal entities with improper advantages, accompanied by pre-election or referendum campaigning, mentioning the name of a candidate, the name of a political party that nominated the candidate in the election, or using the image of the candidate, symbols of the political party that nominated the candidate for respective elections
shall be punishable by restriction of liberty for a term of two to five years or imprisonment for a term of two to six years, with deprivation of the right to hold certain positions or engage in certain activities for a term of five years.
4. Any such actions as provided for by part 2 or 3 of this Article committed repeatedly or by a group of persons upon their prior conspiracy or a member of an election or referendum commission, a member of a referendum initiative group, a candidate or his/her proxy, another person at the request of a candidate or on behalf of a candidate or a political party that nominated him/her, an authorised person of a political party, a representative of a political party organisation in the election commission, an authorised person of a party to the all-Ukrainian referendum process, as well as an official observer
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
5. A person, other that the organiser and abettor of a criminal offence shall be released from liability for the criminal offence provided for by this Article if he/she voluntarily informed about the commission of a crime and facilitated its detection prior to criminal prosecution.
Note. Under this Article, improper advantage shall mean foods, alcoholic beverages and tobacco products, regardless of their value, as well as money, goods (except for campaign materials defined by law), services, works, benefits, advantages, gift certificates, securities, loans, lottery tickets, other tangible and intangible assets, the value of which exceeds 0.06 tax-free minimum incomes, which are offered free of charge or on other preferential terms, promised, provided to candidates, election voters, referendum participants or members or election or referendum commission, or accepted by the specified persons.
{Article 160 as revised by Law No. 1703-VII of 14 October 2014; as amended by Law No. 1791-VIII of 20 December 2016; as revised by Law No. 805-IX of 16 July 2020}
Article 161. Violation of equality of citizens depending on their race, nationality, religious beliefs, disability and other grounds
1. Deliberate actions inciting national, racial or religious enmity and hatred, humiliation of national honour 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, colour, political, religious and other convictions, sex, disability, ethnic and social origin, property status, place of residence, linguistic or other characteristics
shall be punishable by a fine of two hundred to five hundred tax-free minimum incomes or restriction of liberty for up to five years, or imprisonment for up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions accompanied with violence, deception or threats, and those committed by an official
shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes or imprisonment for a term of two to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed by an organised group of persons, or where they resulted in any grave consequences
shall be punishable by imprisonment for a term of five to eight years.
{Article 161 as revised by Law No. 1707-VI of 05 November 2009; as amended by Laws No. 1519-VII of 18 June 2014, No. 2617-VIII of 22 November 2018}
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 fifty to one hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of 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 162 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 fifty to one hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years.
2. The same actions, where repeated or committed in respect of statesmen, public figures or journalists, or committed by an official or with the use of special devices for secret reading of information
shall be punishable by imprisonment for a term of three to seven years.
{Article 163 as amended by Law No. 993-VIII of 04 February 2016}
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 community service for a term of eighty to one hundred and twenty hours or by arrest for a term of up to three months, or by restriction of liberty for a term of up to two years.
2. The same action committed by a person previously convicted of the offence provided for by this Article
shall be punishable by community service for a term of one hundred and twenty to two hundred and forty hours, or by arrest for a term of three to six months, or by restriction of liberty for a term of two to three years.
Note. Under Articles 164 and 165 hereof, persistent failure to pay for child support (alimony) or maintenance of incapable parents shall be deemed any actions of a debtor aimed at non-compliance with a court decision (concealment of income, change of residence or place of work without notifying a state executor, private executor, etc.), which resulted in the arrears of payment of such funds in the amount of a total of the amount of payments for three months of the respective payments.
{Article 164 as amended by Laws No. 2456-IV of 03 March 2005, No. 270-VI of 15 April 2008, No. 2677-VI of 04 November 2010, No. 1404-VIII of 02 June 2016, No. 2617-VIII of 22 November 2018}
Article 165. Failure to pay contributions for support of incapable parents
1. Persistent failure to pay contributions, as prescribed by a court order, for support of incapable parents
shall be punishable by a fine of one hundred to two hundred tax-free minimum incomes, or community service for a term of eighty to one hundred and twenty hours, or correctional labour for a term of up to one year, or restriction of liberty for a term of up to two years.
2. The same action committed by a person previously convicted of the offence provided for by this Article
shall be punishable by community service for a term of one hundred and twenty to two hundred and forty hours, or by arrest for a term of two years, or by restriction of liberty for a term of two to three years.
{Article 165 as amended by Laws No. 2456-IV of 03 March 2005, No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 resulted in any grave consequences
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
Article 167. Abuse of the rights of a 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 of one thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
{Paragraph 2 of Article 167 as revised by Law No. 2556-VI of 23 September 2010; as amended by Law No. 2617-VIII of 22 November 2018}
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 of up to fifty tax-free minimum incomes, or community service for a term of up to two hundred and forty hours, or correctional labour for a term of up to two years.
2. The same action committed by an official or employee of a medical facility who had the information on adoption available by virtue of office or employment, or where it resulted in any grave consequences
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of up to three years, of 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 of up to three years.
{Article 168 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 restriction of liberty for a term of up to three years, or imprisonment for the same term.
{Paragraph 2, part 1 of Article 169 as revised by Law No. 1452-VI of 04 June 2009}
2. The same actions committed with regard to several children, or repeated, or committed by a group of persons upon their prior conspiracy, or through abuse of office, or where they resulted in any grave consequences
shall be punishable by imprisonment for a term of three to five years.
{Paragraph 2, part 2 of Article 169 as revised by Law No. 1452-VI of 04 June 2009}
{Article 169 as amended by Law No. 270-VI of 15 April 2008}
Article 170. Preclusion of legal activities of labour unions, political parties, and non-governmental organisations
Willful preclusion of legal activities of labour unions, political parties, and non-governmental organisations or their bodies
shall be punishable by correctional labour for a term of up to two years, or imprisonment for a term of up to three years, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
Article 171. Preclusion of lawful professional activities of journalists
1. Illegal seizure of materials collected, processed, prepared by a journalist, and technical means, which he/she uses in the course of his/her professional activity, illegal denial of access to information to the journalist, illegal prohibition to cover certain topics, highlighting certain individuals, criticism of an authorised entity, as well as any other intended preclusion of a journalist's lawful professional activity
shall be punishable by a fine of up to fifty tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Any influence on a journalist in order to prevent him/her from performing his/her professional duties or to harass a journalist in connection with his/her lawful professional activity
shall be punishable by a fine of up to two hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to four years.
3. Any such actions as provided for by part 2 of this Article, where committed by an official through abuse of office or by a group of persons upon their prior conspiracy
shall be punishable by a fine of two hundred to five hundred tax-free minimum incomes or restriction of liberty for up to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 171 as revised by Law No. 993-VIII of 04 February 2016}
Article 172. Gross violation of labour law
1. Illegal dismissal of an employee for personal reasons or in connection with notifying by him/her as a whistle-blower of another person's committing a corruption or corruption-related offence, other violations under the Law of Ukraine “On Prevention of Corruption”, as well as other gross violations of labour legislation
shall be punishable by a fine of two thousand to three thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or correctional labour for a term of up to two years.
2. The same actions, where committed repeatedly, or in respect of a minor, a pregnant woman, a single parent or an adoptive parent raising a child under fourteen years of age or a child with a disability
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, or deprivation of the right to hold certain positions or engage in certain activities for up to five years, or correctional labour for up to two years, or arrest for up to six months.
{Article 172 as revised by Law No. 77-VIII of 28 December 2014; as amended by Laws No. 2581-VIII of 02 October 2018, No. 140-IX of 02 October 2019, No. 198-IX of 17 October 2019}
Article 173. Gross violation of an employment contract
1. Any gross violation of an employment contract by any official of an enterprise, institution or organisation regardless of their type of ownership, and also by an individual or their authorised agent through deceit, breach of trust or coercion to perform any work not provided for by the contract
shall be punishable by a fine of up to fifty tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term of up to five years, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
2. The same actions committed with regard to a citizen who was contracted to work outside Ukraine
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes, or restriction of liberty for a term of 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 of up to fifty tax-free minimum incomes, or community service for a term of one hundred and twenty to two hundred and forty hours, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{Article 174 as amended by Law No. 270-VI of 15 April 2008}
Article 175. Failure to pay salary, scholarship, pension or any other statutory payments
1. Groundless failure of a general manager of an enterprise, institution or organisation regardless of their type of ownership or an individual entrepreneur to pay salary, scholarship, pension, or any other statutory payment within a period exceeding one month
shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes or correctional labour for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action, where committed due to misuse of funds earmarked for salaries, scholarships, pensions, or any other statutory payments
shall be punishable by a fine of one thousand to one and a half thousand tax-free minimum incomes or restriction of liberty for up to three years, or imprisonment for up to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. A person shall be discharged from criminal liability, provided he/she has paid salaries, scholarships, pensions, or any other statutory payments to individuals before he/she is criminally prosecuted.
{Article 175 as amended by Laws No. 1027-VI of 19 February 2009, No. 2617-VIII of 22 November 2018}
Article 176. Infringement of copyright and related rights
1. Illegal reproduction or distribution of scientific, literary, or art works, computer software or databases, and also illegal reproduction, distribution of performances, phonograms, videograms and broadcast programmes, making their illegal copies and distribution on audio and video tapes, disks, other media, camcording, cardsharing or other violation of copyright and allied rights, where such actions caused a substantial pecuniary damage
shall be punishable by a fine of two hundred to one thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy, or where they have caused heavy pecuniary damage
shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for a term of two to five years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed by an official through abuse of office or by an organised group of persons, or where they caused a particularly heavy pecuniary damage
shall be punishable by a fine of two thousand to three thousand tax-free minimum incomes or imprisonment for a term of three to six years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. Under Articles 176 and 177 hereof, a pecuniary damage shall be deemed as substantial, where its amount equals or exceeds twenty tax-free minimum incomes; pecuniary damage shall be deemed heavy where its amount equals or exceeds two hundred tax-free minimum incomes; pecuniary damage shall be deemed especially heavy where its amount equals or exceeds one thousand tax-free minimum incomes.
{Article 176 as revised by Law No. 850-IV of 22 May 2003; as amended by Laws No. 3423-IV of 09 February 2006, No. 1111-V of 31 May 2007, No. 1019-VIII of 18 February 2016, No. 1977-VIII of 23 March 2017}
Article 177. Violation of the rights to invention, utility model, industrial design, topography of microelectronic integrated circuits, a variety of plants, innovative proposals
1. Illegal use of an invention, utility model, industrial design, topography of microelectronic integrated circuits, a variety of plants, innovative proposals, usurpation of authorship, or violation of other rights related to these objects, where such actions caused a substantial pecuniary damage
shall be punishable by a fine of two hundred to one thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy, or where they have caused heavy pecuniary damage
shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for a term of two to five years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed by an official through abuse of office or by an organised group of persons, or where they caused a particularly heavy pecuniary damage
shall be punishable by a fine of two thousand to three thousand tax-free minimum incomes or imprisonment for a term of three to six years, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 177 as revised by Law No. 850-IV of 22 May 2003; as amended by Laws No. 3423-IV of 09 February 2006, No. 1111-V of 31 May 2007, No. 1019-VIII of 18 February 2016}
Article 178. Damage of religious architecture or houses of worship
Damage or destruction of religious architecture or a house of worship
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or community service for a term of sixty to two hundred and forty hours, or arrest for a term of up to six months, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 178 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 179. Illegal retention, desecration or destruction of religious sanctities
Illegal retention, desecration or destruction of religious sanctities
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or community service for a term of sixty to two hundred and forty hours, or arrest for a term of up to six months, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 179 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 180. Preclusion of religious ceremonies
1. Illegal preclusion of religious ceremonies, where it frustrated or was to frustrate a religious ceremony
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or community service for a term of one hundred and twenty to two hundred and forty hours, or arrest for a term of up to six months, or restriction of liberty for up to three years, or imprisonment for the same term.
2. Forcing a clergyman, by violence or psychological pressure, into officiating
shall be punishable by a fine of five thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
{Article 180 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 181. Trespass against health of persons under pretence of preaching or ministering
1. Organising 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 restriction of liberty for a term of 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 for a term of three to five years.
Article 182. Violation of personal privacy
1. Illegal collection, storage, use, destruction, dissemination of confidential information about a person or illegal alteration of such information, except as provided for by other Articles of this Code
shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions committed repeatedly, or if they have caused substantial damage to the rights, freedoms and interests of a person protected by law
shall be punishable by arrest for a term of three to six months or by restriction of liberty for a term of three to five years, or by imprisonment for the same term.
Note. Under this Article, substantial damage where it consists in causing pecuniary damage shall mean the damage that equals or exceeds one hundred tax-free minimum incomes.
Public, including through the media, journalists, public associations, trade unions, notification by a person on a criminal or other offence committed in compliance with the law, shall not be deemed actions stipulated by this Article, and shall not entail criminal liability.
{Article 182 as revised by Law No. 3454-VI of 02 June 2011; as amended by Law No. 198-IX of 17 October 2019}
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 of up to one thousand tax-free minimum incomes, deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Unlawful request to pay for tuition in state or communal educational institutions
shall be punishable by a fine of up to one thousand tax-free minimum incomes or restriction of liberty for up to three years, or imprisonment for the same term, deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 174 as amended by Law No. 270-VI of 15 April 2008}
Article 184. Violation of the right to free medical assistance
1. Unlawful request to pay for medical assistance in state or communal health care facilities
shall be punishable by a fine of up to one hundred tax-free minimum incomes or arrest for a term of up to six months.
2. Unlawful reduction of the network of state or communal health care facilities
shall be punishable by a fine of up to one thousand tax-free minimum incomes or community service for up to two years.
Section VI
CRIMINAL OFFENCES AGAINST PROPERTY
{Title of Section VI as amended by Law No. 2617-VIII of 22 November 2018}
1. A covert stealing of somebody else's property (theft)
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or community service for a term of eighty to two hundred and forty hours, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for up to five years.
2. Theft, if repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by arrest for a term of three to six months, or restriction of liberty for a term of 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 substantial damage to the victim
shall be punishable by imprisonment for a term of three to six years.
shall be punishable by imprisonment for a term of five to eight years.
5. Grand theft or theft committed by an organised group
shall be punishable by imprisonment for a term of seven to twelve years with forfeiture of property.
Note. 1. Under Articles 185, 186 and 189—191, a criminal offence shall be deemed repeated, if it was committed by a person who had previously committed any of the offences provided for by these Articles or Articles 187, 262 hereof.
2. Under Articles 185, 186, 189 and 190 hereof, substantial damage shall be determined with due account of the property status of the victim, and where the value of the inflicted damage equals or exceeds one hundred to two hundred and fifty tax-free minimum incomes.
3. Under Articles 185—191, and 194 hereof, an offence shall be deemed major, if it was committed by one person or a group of persons in respect of an amount exceeding two hundred and fifty tax-free minimum individual incomes at the time of the offence.
4. Under Articles 185—187, 189—191, and 194 hereof, an offence shall be deemed grand, where it was committed by one person or a group of persons in respect of an amount exceeding six hundred tax-free minimum individual incomes at the time of the offence.
{Article 185 as amended by Laws No. 270-VI of 15 April 2008, No. 1449-VI of 04 June 2009, No. 2617-VIII of 22 November 2018}
1. Overt stealing of somebody else's property (robbery)
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or community service for a term of one hundred and twenty to two hundred and forty hours, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or imprisonment for up to four years.
2. Robbery accompanied with violence that posed no threat 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. Robbery accompanied with breaking into a residence, other premises or shelter, or which caused a substantial damage to the victim
shall be punishable by imprisonment for a term of four to eight years.
shall be punishable by imprisonment for a term of seven to ten years.
5. Grand robbery, or robbery committed by an organised group
shall be punishable by imprisonment for a term of eight to thirteen years with forfeiture of property.
{Article 186 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 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 forfeiture of property.
4. Brigandism aimed at possession of property in large or particularly large amounts, or committed by an organised group, or accompanied with infliction of grievous bodily injury
shall be punishable by imprisonment for a term of eight to fifteen years with forfeiture of property.
{Article 188 has been deleted under Law No. 270-VI of 15 April 2008}
Article 188-1. Theft of water, electric or thermal energy through its unauthorised use
1. Theft of hot or potable water, electric or thermal energy through its unauthorised use without meters, the measurement results of which are used for commercial calculations (if the use of meters is mandatory), or due to intended damage to meters or in any other way, where such actions causes substantial damage
shall be punishable by a fine of one hundred to two hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years.
2. The same actions committed repeatedly or by a group of persons upon prior conspiracy, or if they caused heavy damage
shall be punishable by imprisonment for up to three years.
Note. Under this Article, damage shall be deemed substantial, where it equals or exceeds one hundred tax-free minimum incomes; damage shall be deemed heavy, where it equals or exceeds two hundred and fifty tax-free minimum incomes.
{The Code has been supplemented with Article 188-1 under Law No. 2598-IV of 31 May 2005; as amended by Law No. 2119-VIII of 22 June 2017}
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 legitimate 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 restriction of liberty for a term of 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 substantial damage 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 heavy property damage
shall be punishable by imprisonment for a term of five to ten years with forfeiture of property.
4. Extortion that caused particularly heavy property damage, or where committed by an organised group, or accompanied with infliction of grievous bodily injury
shall be punishable by imprisonment for a term of seven to twelve years with forfeiture of property.
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 of two thousand to three thousand tax-free minimum incomes, or community service for a term of two hundred to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years.
2. Fraud, if repeated, or committed by a group of persons upon their prior conspiracy, or where it caused substantial damage to the victim
shall be punishable by a fine of three thousand to four thousand tax-free minimum incomes or correctional labour for a term of one to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to three years.
3. Major fraud or fraud committed through unlawful operations involving computerised equipment
shall be punishable by imprisonment for a term of three to eight years.
4. Fraud committed in respect of particularly large amounts, or by an organised group
shall be punishable by imprisonment for a term of five to twelve years with forfeiture of property.
{Article 190 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 191. Misappropriation, embezzlement, 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 of two thousand to five thousand tax-free minimum incomes, or correctional labour for up to two years, or restriction of liberty for up to four years, or imprisonment for up to four years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Misappropriation, embezzlement or conversion of property by malversation
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, if repeated or committed by a group of person upon their prior conspiracy
shall be punishable by restriction of liberty for a term of three to five years or imprisonment for a term of three to eight years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. Any such actions as provided for by parts 1, 2 or 3 of this Article, if committed in respect of a large amount
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
5. Any such actions as provided for by parts 1, 2, 3 or 4 of this Article, if committed in respect of a particularly large amount, or by an organised group
shall be punishable by imprisonment for a term of seven to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
{Article 191 as amended by Law No. 2617-VIII of 22 November 2018}
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 of up to fifty tax-free minimum incomes, or community service for a term of up to two hundred and forty hours, or correctional labour for a term of up to two years, or arrest for a term of up to six months.
2. The same actions committed by a group of persons upon their prior conspiracy, or where these actions caused heavy property damage
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes, or restriction of liberty for a term of up to three years.
Note. Under this Article, property damage shall be deemed substantial, where it equals or exceeds fifty tax-free minimum incomes; property damage shall be deemed heavy, where it equals or exceeds one hundred tax-free minimum incomes.
{Article 192 as amended by Law No. 270-VI of 15 April 2008}
Article 193. Appropriation of found property or somebody else's property that accidentally occurred to be in possession of a person
1. Appropriation of found property or somebody else's property that accidentally occurred to be in possession of a person and has a special historic, scientific, artistic or cultural value
shall be punishable by a fine of up to one hundred to one hundred and fifty tax-free minimum incomes, or community service for a term of up to two hundred and forty hours, or correctional labour for a term of up to two years, or arrest for a term of up to six months.
{Article 193 as revised by Law No. 270-VI of 15 April 2008; as amended by Law No. 2518-VI of 09 September 2010}
Article 194. Intended destruction or endamagement of property
1. Intended destruction or endamagement of somebody else's property, where it caused heavy damage
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or community service for a term of one hundred and twenty to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for up to three years, or imprisonment for the same term.
2. The same action committed by means of arson, explosion or by any other socially dangerous method, or where it caused a particularly heavy damage to property, or death of people, or any other grave consequences
shall be punishable by imprisonment for a term of three to ten years.
{Article 194 as amended by Laws No. 270-VI of 15 April 2008, No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 2617-VIII of 22 November 2018}
Article 194-1. Intended damage to energy facilities
1. Intended damage to or destruction of electric power engineering sites, where these actions have affected or could affect normal operation of these facilities, or caused danger to human life
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions, where committed repeatedly or by a group of persons upon their prior conspiracy or by globally harmful means
shall be punishable by imprisonment for a term of three to ten years.
3. Any such actions as provided for by parts 1 and 2 of this Article, where they caused death of people or any other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
{The Code has been supplemented with Article 194-1 under Law No. 2598-IV of 31 May 2005; as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 195. Threats to destroy property
Threats to destroy somebody else's property by means of arson, explosion or by any other socially dangerous method, where reasonable grounds existed to believe that the threats may be fulfilled
shall be punishable by a fine of up to fifty tax-free minimum incomes, or community service for a term of sixty to one hundred and twenty hours, or correctional labour for a term of up to one year, or arrest for a term of up to six months.
{Article 195 as amended by Law No. 270-VI of 15 April 2008}
Article 196. Negligent destruction or endamagement of property
Negligent destruction or endamagement of somebody else's property, where it caused grievous bodily injuries or death of people
shall be punishable by correctional labour for a term of up to two years or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
{Article 196 as amended by Law No. 270-VI of 15 April 2008}
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 of one thousand to four thousand tax-free minimum incomes, or community service for a term of one hundred and twenty to two hundred and forty hours, or correctional labour for a term of up to two years, or restriction of liberty for the same term.
{Article 197 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 197-1. Unauthorised occupation of land and unauthorised construction
1. Unauthorised occupation of land, which caused substantial damage to its rightful owner or holder
shall be punishable by a fine of two hundred to three hundred tax-free minimum incomes or arrest for a term of up to six months.
2. Unauthorised occupation of land, committed by a person previously convicted of a crime stipulated by this Article, or by a group of persons, or plots located on especially valuable lands, in protective zones, in protective sanitary zones, or areas of special mode of land use
shall be punishable by restriction of liberty for a term of two to four years or imprisonment for a term of up to two years.
3. Unauthorised construction of buildings or structures on arbitrarily occupied land area specified in part 1 of this Article
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
4. Unauthorised construction of buildings or structures on arbitrarily occupied land area specifies in part 2 of this Article, or committed by a person previously convicted of the same offence or of an offence provided for by part 3 of this Article
shall be punishable by imprisonment for a term of one to three years.
Note. Under this Article, damage provided for by part 1 of this Article shall be deemed substantial, where it equals or exceeds one hundred tax-free minimum incomes.
{The Code has been supplemented with Article 197-1 under Law No. 578-V of 11 January 2007; as amended by Law No. 2617-VIII of 22 November 2018}
Article 198. Acquisition or sale of property known to be proceeds from crime
Purchase of acquisition, storage or sale of property known to be proceeds from crime, where it was not promised in advance, and where there is no proof of legalisation (laundering) of the income known to be proceeds from crime
shall be punishable by arrest for a term of up to six months or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
{Article 198 as amended by Laws No. 430-IV of 16 January 2003, No. 361-IX of 06 December 2019, No. 720-IX of 17 June 2020}
Section VII
ECONOMIC CRIMINAL OFFENCES
{Title of Section VII as amended by Law No. 2617-VIII of 22 November 2018}
Article 199. Manufacture, storage, purchase, transportation, shipment, import to Ukraine for use in the sale of goods, sale of counterfeit money, government securities, state lottery tickets, excise tax stamps or holographic security features
1. Manufacture, storage, purchase, transportation, shipment, import to Ukraine for use in the sale of goods, sale of illegally manufactured, obtained or counterfeit excise stamps, holographic security features, counterfeit national currency of Ukraine such as banknotes or metal coins, foreign currency, 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 a large amount
shall be punishable by imprisonment for a term of five to ten years with forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article, if committed by an organised group or in respect of a particularly large amount
shall be punishable by imprisonment for a term 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 items equals or exceeds two hundred tax-free minimum incomes; particularly large amount shall be deemed the amount of counterfeit items that equals or exceeds four hundred tax-free minimum incomes.
{Article 199 as amended by Laws No. 5283-VI of 18 September 2012, No. 71-VIII of 28 December 2014}
Article 200. Illegal actions in respect of remittance documents, payment cards and other means providing access to bank accounts, electronic money 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, as well as illegal issue or use of electronic money
shall be punishable by a fine of three to five thousand tax-free minimum incomes.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by a fine of five to ten thousand tax-free minimum incomes.
Note. Remittance documents shall mean any paper or electronic documents used by banks or their customers 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 200 as amended by Laws No. 270-VI of 15 April 2008, No. 4025-VI of 15 November 2011, No. 5284-VI of 18 September 2012}
1. Smuggling, that is movement across the customs border of Ukraine outside customs control or concealing from customs control of cultural values, toxic, potent, explosives, radioactive substances, weapons or ammunition (except for smooth-bore hunting weapons or ammunition thereto), parts of firearms weapons, as well as special technical means for secret obtaining of information
shall be punishable by imprisonment for a term of three to seven years.
2. The same action committed by a group of persons upon their prior conspiracy, or by a person previously convicted of an offence under this Article, or by an official through abuse of office
shall be punishable by imprisonment for a term of five to twelve years with forfeiture of property.
{Article 201 as amended by Law No. 1071-V of 24 May 2007; as revised by Law No. 4025-VI of 15 November 2011; as amended by Laws No. 770-VIII of 1 November 2015, No. 2052-VIII of 18 May 2017}
Article 201-1. Movement across the customs border of Ukraine outside the customs control or concealing from the customs control of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine
1. Movement across the customs border of Ukraine outside the customs control or concealing from the customs control of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine
shall be punishable by imprisonment for a term of three to five years.
The same action committed by a person who has previously committed one of the criminal offences provided for by Articles 201, 201-1, 246 hereof, or by a group of persons upon their prior conspiracy, or by an official through abuse of office, or in respect of a large amount
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article, if committed by an organised group or in respect of a particularly large amount
shall be punishable by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
Note. 1. Under this Article, valuable and rare tree species shall mean tree species provided for by Article 1 of the Law of Ukraine “On Peculiarities of State Regulation of Entrepreneurship Activities Related to the Sale and Export of Timber”.
2. Under this Article, the movement in respect of large amounts shall be deemed the movement of timber or lumber of valuable and rare species of trees, as well as unprocessed timber, the value of which equals or exceeds eighteen tax-free minimum incomes; the movement in respect of a particularly large amount equals or exceeds thirty-six tax-free minimum incomes.
{The Code has been supplemented with Article 201-1 under Law No. 2531-VIII of 06 September 2018; as amended by Law No. 2708-VIII of 25 April 2019}
{Article 202 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 203 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 203-1. Illegal circulation of disks for laser reading systems, arrays, equipment and supplies for their production
1. Illegal production, export, import, storage, sale and movement of disks for laser reading systems, arrays, equipment and supplies for their production, where these actions are committed in respect of substantial amounts
shall be punishable by a fine of three to five thousand tax-free minimum incomes.
The same actions, where committed repeatedly or by a group of people upon their prior conspiracy, or committed in respect of large amounts
shall be punishable by a fine of five to ten thousand tax-free minimum incomes.
Note. Substantial amount shall be deemed the value of disks for laser reading systems, arrays, equipment or supplies for their production, which equals or exceeds twenty tax-free minimum incomes; large amount shall be deemed the value of disks for laser reading systems, arrays, equipment or supplies for their production, which equals or exceeds one hundred tax-free minimum incomes.
{The Code has been supplemented with Article 203-1 under Law No. 2953-III of 17 January 2002; as revised by Law No. 2734-IV of 06 July 2005; as amended by Laws No. 4025-VI of 15 November 2011, No. 1019-VIII of 18 February 2016}
Article 203-2. Illegal activity in respect of gambling or conducting lotteries
1. Organisation or conduct of gambling without a license to conduct the respective activity of organising and conducting gambling, issued in accordance with the law or issue or conduct of lotteries by a person who does not have the status of a lottery operator, or organisation or operation of facilities to provide access to gambling or lotteries conducted on the Internet
shall be punishable by a fine of ten thousand to forty thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for a period of one year.
2. Any such actions as provided for by part 1 of this Article, where committed by a person previously convicted of illegal activity in organising or conducting gambling or lotteries or by a group of persons upon their prior conspiracy
shall be punishable by a fine of forty thousand to fifty thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for a period of three years.
{The Code has been supplemented with Article 203-2 under Law No. 2852-VI of 22 December 2010; as amended by Laws No. 4025-VI of 15 November 2011, No. 1019-VIII of 18 February 2016; as revised by Law No. 768-IX of 14 July 2020}
Article 204. Illegal manufacturing, storage, sale or transportation for the purpose of sale of excisable goods
1. Illegal acquisition for sale or storage for this purpose, as well as sale or transportation for the purpose of sale of illegally produced ethyl alcohol, alcohol distillates, alcoholic beverages, beer, tobacco products, tobacco, commercial tobacco substitutes, fuel or other excisable goods
shall be punishable by a fine of five thousand to ten thousand tax-free minimum incomes of citizens with confiscation and destruction of illegally manufactured goods.
2. Illegal manufacture of ethyl alcohol, alcoholic distillates, alcoholic beverages, beer, tobacco products, tobacco, commercial tobacco substitutes, fuel or other excisable goods or committed by a person who has previously been convicted under this Article
shall be punishable by imprisonment for a term of three to five years with confiscation and destruction of illegally produced or purchased goods, tools of production, and supplies for their manufacture.
3. Illegal manufacture of goods referred to in parts 1 or 2 of this Article that pose a threat to human life and health, as well as the sale of such goods, which resulted in poisoning or death
shall be punishable by imprisonment for a term of eight to ten years with forfeiture of property, with seizure and destruction of illegally produced or purchased goods, and equipment for its manufacture.
{Article 204 as amended by Laws No. 4025-VI of 15 November 2011, No. 1019-VIII of 18 February 2016. As for amendments to the Article 204 refer to the Law No. 2617-VIII of 22 November 2018. As revised by Law No. 2628-VIII of 23 November 2018}
{Article 205 has been deleted under Law No. 101-IX of 18 September 2019}
Article 205-1. Forgery of documents submitted for state registration of legal entities and individual entrepreneurs
1. Indicating in documents, which in accordance with the law shall be submitted for state registration of a legal entity or an individual entrepreneur, of knowingly false information, as well as intended submission for such registration of documents that contain knowingly false information
shall be punishable by a fine from five thousand to eight thousand of tax-free minimum incomes or an arrest for a term of three to six months, or imprisonment for a term of up to three years.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy or by an official through abuse of office
shall be punishable by a fine of eight thousand to ten thousand tax-free minimum incomes or imprisonment for a term of three to five years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{The Code has been supplemented with Article 205-1 under Law No. 642-VII of 10 October 2013; as amended by Laws No. 835-VIII of 26 November 2015, No. 361-IX of 06 December 2019}
Article 206. Obstruction of legitimate economic activity
1. Obstruction of legitimate economic activity, that is unlawful demand to discontinue or restrain economic operations, conclude a contract or fail to fulfil a concluded contract, where the fulfilment (or failure to fulfil) of such contract may cause pecuniary damages or derogate legitimate rights or interests of the person involved in economic activities, and where it involves a threat of violence with regard to the victim or his/her close relatives, or a threat to damage or destroy their property or seize unified assets, their part, buildings, structures, land, construction sites, other facilities and illegal termination or restriction of activity on these facilities and restriction of access to them in the absence of elements of extortion
shall be punishable by a fine of ten thousand to fifteen thousand tax-free minimum incomes with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, where repeated, or committed by a group of persons upon their prior conspiracy, or accompanied 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 a fine of fifteen thousand to twenty-five thousand tax-free minimum incomes or restriction of liberty for a term of three to five years, or imprisonment for a term of three to six years, with or without deprivation of the right to hold certain positions or hold a certain activities for a period of two to four years.
3. Obstruction of legitimate economic activity, where committed by an organised group or by an official through abuse of office, or accompanied with violence dangerous to life or health, or where it caused heavy damage or resulted in any other grave consequences
shall be punishable by imprisonment for a term of six to ten years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of three to five years, with forfeiture of property.
Note. Pecuniary damage shall be deemed heavy, if it equals or exceeds five hundred tax-free minimum incomes.
{Article 206 as amended by Laws No. 4025-VI of 15 November 2011, No. 1666-VIII of 06 October 2016; as revised by Law No. 402-IX of 19 December 2019}
Article 206-2. Illegal seizure of property of an enterprise, institution or organisation
1. Illegal seizure of property of an enterprise, institution or organisation, including shares, stocks, equities of their founders, stakeholders, shareholders, members, by committing transactions using forged or stolen documents, seals, stamps of an enterprise, institution or organisation
shall be punishable by correctional labour for a term of up to two years or restriction of liberty for a term of up to three years, or imprisonment for the same term, deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years.
2. The same actions, where repeated, or committed by a group of persons upon their prior conspiracy, or accompanied 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 with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years.
3. Any such actions as committed by an official through abuse of office or where it caused a heavy damage or resulted in any other grave consequences
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
Note. Pecuniary damage shall be deemed heavy, if it equals or exceeds five hundred tax-free minimum incomes.
{The Code has been supplemented with Article 206-2 under Law No. 642-VII of 10 October 2013}
{Article 207 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 208 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 209. Legalisation (laundering) of property proceeding from crime
1. Acquisition, possession, use, disposal of property in respect of which the factual circumstances confirm that they are proceeds of crime, including conducting financial operation, transaction with such property, or transfer, change of form (transformation) of such property, or actions aimed at concealing, hiding the origin of such property or possession, the right to such property, its sources of origin, location, where these actions were committed by a person who knew or should have known that such property directly or indirectly, wholly or partially proceeded from crimes
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years, and forfeiture of property.
2. Any such actions as provided for by part 1 of this Article, where committed repeatedly or by a group of persons upon their prior conspiracy, or committed in respect of large amounts
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, and forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group or in respect of a particularly large amount
shall be punishable by imprisonment for a term of eight to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, and forfeiture of property.
1. Legalisation (laundering) of property derived from criminal proceeds shall be deemed committed in respect of large amounts, where the subject of the crime was property exceeding six thousand tax-free minimum incomes.
1. Legalisation (laundering) of property derived from criminal proceeds shall be deemed committed in particularly large amounts, where the subject of the crime was property exceeding eighteen thousand tax-free minimum incomes.
{Article 209 as revised by Law No. 430-IV of 16 January 2003; as amended by Laws No. 2258-VI of 18 May 2010, No. 4025-VI of 15 November 2011, No. 1702-VII of 14 October 2014, No. 770-VIII of 10 November 2015; as revised by Law No. 361-IX of 06 December 2019}
Article 209-1. Willful violation of the law on prevention and counteraction to legalisation (laundering) of proceeds from crime, terrorist financing, and financing of weapons of mass destruction
1. Deliberate failure to submit, untimely submission or submission of unreliable information on financial transactions subject to financial monitoring in accordance with the law, to the central executive body implementing the state policy in the area of prevention and counteraction to legalisation (laundering) of proceeds from crime, terrorist financing, and financing the proliferation of weapons of mass destruction, where such actions have caused substantial damage to legally protected rights, freedoms or interests of individual citizens, state or public interests or the interests of individual legal entities
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Disclosure in any form of secrecy of financial monitoring or the fact of exchange of information on the financial transaction and its parties between the entities of primary financial monitoring, entities of state financial monitoring, other government authorities, as well as the fact of granting (receiving) of request, decision or order of the central executive body that implements the state policy in the area of prevention and counteraction to legalisation (laundering) of proceeds from crime, financing of terrorism, and financing of proliferation of weapons of mass destruction, or providing (receiving) of a response to such a request, decision or order to a person who became aware of this information in connection with his/her professional or official activities, where such actions have caused substantial damage to legally protected rights, freedoms or interests of individuals, state or public interests or interests of individual legal entities
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{The Code has been supplemented with Article 209-1 under Law No. 430-IV of 16 January 2003 that shall come into force on 11 June 2003; as revised by Law No. 2258-VI of 18 May 2010; as amended by Law No. 4025-VI of 15 November 2011. As for amendments to the Article 209-1 refer to the Law No. 2617-VIII of 22 November 2018. As amended by Law No. 361-IX of 06 December 2019}
Article 210. Misuse of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or with their excess
1. Misuse of budget funds by an official, as well as the implementation of budget expenditures or the provision of loans from the budget without established budget allocations or with their excess contrary to the Budget Code of Ukraine or the law on the State Budget of Ukraine for the respective year, where the subject of such actions were budget funds in large amounts
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, the subject of which were budget funds in a particularly large amount, or committed repeatedly, or committed by a group of persons upon their prior conspiracy
shall be punishable by restriction of liberty for a term of two to five years or imprisonment for a term of two to six years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. 1. Budget funds shall mean funds of the state budget and local budgets, regardless of the source of their generation.
2. Under Articles 210 and 211 hereof, large amount of budget funds shall mean the amount that equals or exceeds one thousand tax-free minimum incomes.
3. Under Articles 210 and 211 hereof, particularly large amount of budget funds shall mean the amount that equals or exceeds three thousand tax-free minimum incomes.
{Article 210 as amended by Laws No. 270-VI of 15 April 2008, No. 2457-VI of 08 July 2010, No. 2617-VIII of 22 November 2018}
Article 211. Issue of regulatory acts that reduce budget revenues or increase budget expenditures contrary to law
1. Issue by an official of regulatory acts that reduce budget revenues or increase budget expenditures contrary to law, where the subject of such actions were budget funds in large amount
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or correctional labour for up to two years, or restriction of liberty for up to five years, or imprisonment for up to four years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, the subject of which were budget funds in particularly large amount or if committed repeatedly
shall be punishable by imprisonment for a term of two to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 211 as amended by Laws No. 270-VI of 15 April 2008, No. 2457-VI of 08 July 2010, No. 2617-VIII of 22 November 2018}
Article 212. Evasion of taxes, duties or other compulsory payments
1. Willful evasion of taxes, duties (compulsory payments), which are part of the taxation system established by law, by an official of an enterprise, institution or organisation of any type of ownership, or by any unincorporated entrepreneur, or by any other person liable to pay such taxes, duties or other compulsory payments, where such actions resulted in actual non-receipt of substantial amount of funds by budgets or targeted state funds
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, where 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 targeted state funds
shall be punishable by a fine of five thousand to seven thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by a person previously convicted of evasion of taxes, duties (compulsory payments), or where they resulted in actual non-receipt of particularly large amounts of funds by budgets or targeted state funds
shall be punishable by a fine of fifteen thousand to twenty-five thousand tax-free minimum incomes of citizens with deprivation of the right to hold certain positions or engage in certain activities for up to three years, and forfeiture of property.
4. A person who has committed actions provided for by parts 1, 2, or actions provided for by part 3 (where they have resulted in the actual non-receipt of funds by budgets or state targeted funds in particularly large amounts) of this Article, shall be released from criminal liability if he/she paid taxes, duties (compulsory payments), as well as compensated for damage caused to the state by their overdue payment (financial sanctions, fines).
5. Actions provided for by Parts 1—3 of this Article shall not be deemed intended evasion of taxes, duties (compulsory payments) where a taxpayer has reached a tax compromise in accordance with Sub-Section 9- of Section XX “Transitional Provisions” of the Tax Code of Ukraine.
Note. A substantial amount of funds shall mean any amount of taxes, duties or other compulsory payments which equals or exceeds three thousand tax-free minimum incomes as established by law; a large amount of funds shall mean any amount of taxes, fees or other compulsory payments which equals or exceeds five thousand tax-free minimum incomes as established by law; a particularly large amount shall mean any amount of taxes, fees or other compulsory payments which equals or exceeds seven thousand tax-free minimum incomes as established by law.
{Article 212 as amended by Laws No. 270-VI of 15 April 2008, No. 2756-VI of 02 December 2010, No. 4025-VI of 15 November 2011, No. 63-VIII of 25 December 2014. As for amendments to the Article 212 refer to the Law No. 2617-VIII of 22 November 2018. As amended by Law No. 101-IX of 18 September 2019}
Article 212-1 Evasion of payment of unified contribution for compulsory state social insurance and contributions for compulsory state pension insurance
1. Willful evasion from payment of a unified contribution for compulsory state social insurance and contributions for compulsory state pension insurance by an official of an enterprise, institution, organisation regardless of the type of ownership or not incorporated person who conducts economic activities, or any other person liable to pay it, where such action has resulted in the actual non-receipt of contributions for compulsory state social insurance funds in substantial amounts
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three 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 compulsory state social insurance funds
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by a person previously convicted of evasion of payment of unified contribution for compulsory state social insurance or contributions for compulsory state pension insurance, or where they resulted in actual non-receipt of particularly large amounts of funds by compulsory state social insurance funds
shall be punishable by a fine of fifteen thousand to twenty-five thousand tax-free minimum incomes of citizens with deprivation of the right to hold certain positions or engage in certain activities for up to three years with forfeiture of property.
4. A person who committed an action provided for by part 1 or 2 of this Article for the first time shall be discharged from criminal liability if he/she paid unified contribution for compulsory state social insurance or contributions for compulsory state pension insurance and indemnified for the damage caused to compulsory state social insurance funds by overdue payment (penalties, fines)
Note. Substantial amount of funds shall mean any amounts of unified contribution for compulsory state social insurance or contributions for compulsory state pension insurance which equals or exceeds one thousand tax-free minimum incomes as established by law; a large amount of funds shall mean any amount of unified contribution for compulsory state social insurance which equals or exceeds three thousand tax-free minimum incomes as established by law; a particularly large amount shall mean any amount of unified contribution for compulsory state social insurance or contributions for compulsory state pension insurance which equals or exceeds five thousand tax-free minimum incomes as established by law.
{The Code has been supplemented with Article 212-1 under Law No. 3108-IV of 17 November 2005; as revised by Law No. 2464-VI of 08 July 2010; as amended by Laws No. 4025-VI of 15 November 2011, No. 77-VIII of 28 December 2014, No. 2617-VIII of 22 November 2018}
Article 213. Violation of procedures related to operations with scrap metal
1. Procurement of scrap metal, processing of scrap non-ferrous and ferrous metals by individuals without complying with the requirements of the legislation on state registration as an economic entity, arrangement of illegal points of reception, storage and sale of scrap metal
shall be punishable by a fine of one and half thousand to two thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to one year.
2. Any such actions as provided for by part 1 of this Article, where committed by a person previously convicted for a criminal offence under this Article
shall be punishable by a fine of three thousand to four thousand tax-free minimum incomes or imprisonment for a term of up to three years.
{Article 213 as amended by Law No 4025-VI of 15 November 2011; as revised by Law No. 191-VIII of 12 February 2015; as amended by Laws No. 2617-VIII of 22 November 2018, No. 776-IX of 14 July 2020}
{As for amendments to paragraph 1, part 1 of Article 213 refer to the Law No. 222-VIII of 02 March 2015}
{Article 214 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 215 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 216. Illegal manufacture, counterfeiting, use or sale of illegally manufactured, obtained or counterfeit control marks
1. Illegal manufacture, counterfeiting, use or sale of illegally manufactured, obtained or counterfeit control marks for marking packages of copies of audiovisual works, phonograms, videograms, computer software, databases or holographic security features
shall be punishable by a fine of five hundred to one thousand tax-free minimum incomes.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by a fine of three to five thousand tax-free minimum incomes.
{Article 216 as revised by Law No. 1098-IV of 10 July 2003; as amended by Laws No. 4025-VI of 15 November 2011, No. 5283-VI of 18 September 2012, No. 1019-VIII of 18 February 2016}
{Article 217 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 218 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 218-1. Bringing a bank to insolvency
1. Bringing a bank to insolvency, that is intentionally, for mercenary motives, other personal interest or for the benefit of third parties, committing any actions by a bank-related person that resulted in the bank being classified as insolvent, where it caused heavy pecuniary damage to the state or a creditor
shall be punishable by restriction of liberty for a term of one to five years or imprisonment for the same term, with imposition of a fine of five thousand to ten thousand tax-free minimum incomes and deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. 1. Under this Article, pecuniary damage shall mean heavy where it equals or exceeds ten thousand times tax-free minimum incomes.
2. The term “bank-related person” shall be understood in the meaning defined by the Law of Ukraine “On Banks and Banking”.
{The Code has been supplemented by Article 218-1 under Law No. 218-VIII of 02 March 2015}
Making bankrupt, that is intended, made for mercenary motives, other personal interest or for the benefit of third parties, commission by an individual founder (stakeholder) or an official of an economic entity of actions that resulted in permanent financial insolvency of the economic entity, where it has caused heavy pecuniary damage to the state or a creditor
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. Under Articles 219, 222 hereof, pecuniary damage shall be deemed heavy where it equals or exceeds five hundred tax-free minimum incomes.
{Article 219 as amended by Laws No. 270-VI of 15 April 2008, No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
{Article 220 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 220-1. Violation of the procedure for maintaining a database of depositors or the procedure for reporting
1. Entering by head or other official of the bank into the database of depositors of knowingly false information
shall be punishable by a fine of one to four thousand tax-free minimum incomes.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy
shall be punishable by a fine of four thousand to six thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Entering by head or other official of the bank in the reporting submitted to the Deposit Guarantee Fund of knowingly false information
shall be punishable by a fine of one to four thousand tax-free minimum incomes.
4. Intended damage or destruction by head or other official of the bank of the database of depositors or actions that make it impossible to identify the depositor on the information available in the database of depositors, or actions that result in illegal increase in the expenditures of the Deposit Guarantee Fund related to the withdrawal of the bank from the market, or making it impossible to start making payments to depositors of the insolvent bank in accordance with the Law of Ukraine “On the Deposit Guarantee System for Individuals”
shall be punishable by imprisonment of a term up to four years with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to ten years.
{The Code has been supplemented with Article 220-1 under Law No. 629-VIII of 16 July 2015; as amended by Law No. 2617-VIII of 22 November 2018}
Article 220-2. Falsification of financial documents and reporting of a financial organisation, concealment of insolvency of a financial institution or grounds for revocation (cancellation) of a financial institution's license
1. Making changes to accounting documents or registers or entering in the financial institution's reporting of knowingly incomplete or inaccurate information about agreements, obligations, property of the institution, including that which is in trust, or about the financial position of the institution, or confirmation of such information, providing such information to the National Bank of Ukraine, publishing or disclosing such information in the manner prescribed by the legislation of Ukraine, where these actions have been committed to conceal signs of bankruptcy or permanent financial insolvency or the grounds for mandatory revocation (cancellation) of the financial institution‘s license or recognising it insolvent
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or restriction of liberty for a term of up to four years, with deprivation of the right to hold certain positions or engage in certain activities for up to ten years.
{The Code has been supplemented with Article 220-2 under Law No. 629-VIII of 16 July 2015; as amended by Law No. 2617-VIII of 22 November 2018}
{Article 221 has been deleted under Law No. 4025-VI of 15 November 2011}
1. Providing knowingly false information to government authorities, authorities of the Autonomous Republic of Crimea or local governments, banks or other creditors in order to obtain subsidies, subventions, grants, loans or tax benefits in the absence of signs of a criminal offence against property
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, if repeated, or where they caused heavy pecuniary damage
shall be punishable by a fine of three thousand to ten thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{article 222 as amended by Laws No. 270-VI of 15 April 2008, No. 3795-VI of 22 September 2011, No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 222-1. Stock market manipulation
1. Intended actions of an official of a stock market participant, which have signs of manipulation on the stock exchange, established in accordance with the law on state regulation of the securities market, which resulted in a professional stock market participant or individual or third parties making substantial profits or avoiding by such persons losses in substantial amounts, or where it has caused substantial damage to legally protected rights, freedoms and interests of individuals or the state or public interests or the interests of legal entities
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy, or where they resulted in any grave consequences
shall be punishable by a fine of five thousand to ten thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. 1. Under this Article, substantial amount shall be deemed the amount that equals or exceeds five hundred tax-free minimum incomes.
2. Under this Article, heavy damage shall be deemed damage that exceeds five hundred tax-free minimum incomes.
3. Under this Article, grave consequences shall be deemed damage that equals or exceeds one thousand tax-free minimum incomes.
{The Code has been supplemented with Article 222-1 under Law No. 3267-VI of 21 April 2011; as amended by Law No. 4025-VI of 15 November 2011}
{Article 223 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 223-1. Counterfeit of documents submitted for registration of securities
1. The introduction by an authorised person of the documents submitted for registration of securities of knowingly false information where it has caused substantial pecuniary damage to the securities investor
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. Under this Article, damage shall be deemed substantial if it is equals or exceeds twenty tax-free minimum incomes.
{The Code has been supplemented with Article 223-1 under Law No. 801-VI of 25 December 2008; as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 223-2. Violation of the order of maintenance of a share register
1. Failure by an official or the issuer or a professional stock market participant to make changes or making frivolous changes to the system of registry of owners of securities or depository accounting system, as well as other violation of the order of maintenance of a share register where these actions caused the loss of the registry system (part thereof)
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{The Code has been supplemented with Article 223-2 under Law No 801-VI of 25 December 2008; as amended by Law No. 4025-VI of 15 November 2011}
Article 224. Production, sale and use of counterfeit non-government securities
Production for selling purposes, sale or any other use of counterfeit non-government securities
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Any such actions as provided for by part 1 of this Article, if repeated or where they caused heavy pecuniary damage
shall be punishable by a fine of three thousand to ten thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group or where they caused a particularly heavy pecuniary damage
shall be punishable by a fine of ten thousand to fifteen thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. 1. Under Article 224, the repeated offence shall mean an offence committed by a person who had previously committed a criminal offence stipulated by this Article or Article 199 hereof.
2. Under this Article, the pecuniary damage shall be deemed heavy, where it equals or exceeds three hundred tax-free minimum incomes, and shall be deemed to be particularly heavy, where it equals or exceeds one thousand tax-free minimum incomes.
{Article 224 as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
{Article 225 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 226 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 227. Deliberate introduction into circulation in the market of Ukraine (release on the market of Ukraine) of dangerous products
Deliberate introduction into circulation (release on the market of Ukraine) of dangerous products, that is such products that do not meet the requirements for product safety established by regulations, where such actions have been committed on a large scale
shall be punishable by a fine of three thousand to eight thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. The introduction into circulation (release in the market of Ukraine) of dangerous products made on a large scale shall be deemed the introduction into circulation of products whose total value exceeds five hundred tax-free minimum incomes.
{Article 227 as revised by Law No. 2735-VI of 02 December 2010; as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
{Article 228 has been deleted under Law No. 4025-VI of 15 November 2011}
Article 229. Illegal use of a trade or service mark, registered trade name, qualified indication of origin
1. Illegal use of a trade or service mark, registered trade name, qualified indication of origin, or any other intended violation of the rights to these objects, and where this caused a substantial pecuniary damage
shall be punishable by a fine of one to four thousand tax-free minimum incomes.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy, or where they have caused heavy pecuniary damage
shall be punishable by a fine of three to ten thousand tax-free minimum incomes.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed by an official through abuse of office or by an organised group of persons, or where they caused a particularly heavy pecuniary damage
shall be punishable by a fine of ten thousand to fifteen thousand tax-free minimum incomes of citizens with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. A pecuniary damage shall be deemed substantial, where its amount equals or exceeds twenty tax-free minimum incomes; heavy pecuniary damage shall mean the amount that equals or exceeds two hundred tax-free minimum incomes; particularly heavy pecuniary damage shall mean the amount that equals or exceeds one thousand tax-free minimum incomes.
{Article 229 as revised by Law No. 850-IV of 22 May 2003; as amended by Laws No. 3423-IV of 09 February 2006, No. 1111-V of 31 May 2007, No. 4025-VI of 15 November 2011, No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
{Article 230 has been deleted under Law No. 669-IV of 03 April 2003}
Article 231. Illegal collection for the purpose of use or use of information that constitutes banking or trade secrets
Intended actions aimed at obtaining information that constitutes a trade or banking secret for the purpose of disclosure or other use of this information, as well as illegal use of such information, where it has caused substantial damage to an economic entity
shall be punishable by a fine of three thousand to eight thousand tax-free minimum incomes.
Note. Public, including through the media, journalists, public associations, trade unions, notification by a person on a criminal or other offence committed in compliance with the law, shall not be deemed actions stipulated by this Article, and shall not entail criminal liability.
{Article 231 as amended by Laws No. 2252-IV of 16 December 2004, No. 4025-VI of 15 November 2011, No. 198-IX of 17 October 2019}
Article 232. Disclosure of trade or banking secrets
Willful disclosure of trade or banking 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 mercenary motives and caused a substantial damage to an economic entity
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 232 as amended by Laws No. 2252-IV of 16 December 2004, No. 4025-VI of 15 November 2011}
Article 232-1. Illegal use of insider information
1. Willful illegal disclosure, transfer or provision of access to insider information, as well as the provision of recommendations in respect of such information on the acquisition or alienation of securities or derivatives, where it resulted in the receipt by an offender or third parties unsubstantiated profits in a substantial amount, or avoidance by a stock market participant or third parties of significant losses, or where it has caused significant damage to the legally protected rights, freedoms and interests of individuals or state or public interests or the interests of legal entities
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Entering into transactions using insider information for its own benefit or for the benefit of others aimed at acquiring or disposing of securities or derivatives (insider information) to which insider information relates, where it has resulted in a person who committed the said acts or third parties gaining unsubstantiated profits in a substantial amount, or avoidance by a stock market participant or third parties of substantial losses, or where it has caused substantial damage to the legally protected rights, freedoms and interests of individuals or state or public interests or the interests of legal entities
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes of citizens with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, if repeated or committed by a group of persons upon their prior conspiracy, or where they have caused any grave consequences
shall be punishable by a fine of five thousand to eight thousand tax-free minimum incomes with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
4. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group
shall be punishable by a fine of eight thousand to ten thousand tax-free minimum incomes with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note: 1. Under this Article, a substantial amount (substantial loss, substantial damage) shall be deemed the amount (loss, damage), which equals or exceeds five hundred tax-free minimum incomes.
Under this Article, grave consequences if they consist in causing pecuniary damage shall be deemed those that equal or exceed one thousand tax-free minimum incomes.
3. Persons who have committed the actions provided for by this Article shall mean: officials of the issuer, including those who were officials of the issuer at the time of familiarisation with insider information; persons who have access to insider information in connection with the performance of their employment (official) duties or contractual obligations, regardless of the relationships with the issuer, including employees of professional stock market participants; government officials who know the insider information due to performance of their official duties; persons who became aware of the insider information in an illegal way; auditors, notaries, experts, appraisers, arbitration trustees or other persons exercising public powers provided for by law.
{The Code has been supplemented with the Article 232-1 under Law No. 3480-IV of 23 February 2006; as revised by Law No. 801-VI of 25 December 2008; as amended by Law No. 3306-VI of 22 April 2011, No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 232-2. Non-disclosure of the issuer information
1. Failure to provide the securities investor (including stockholder) upon his/her written request with information about the activities of the issuer within the limits prescribed by law, or providing him/her false information by an official of the issuer, where it caused the securities investor (including stockholder) substantial pecuniary damage
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, where committed repeatedly
shall be punishable by a fine of three thousand to six thousand tax-free minimum incomes, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. Under this Article, pecuniary damage shall be deemed substantial, if it equals or exceeds five hundred tax-free minimum incomes.
{The Code has been supplemented with Article 232-2 under Law No. 801-VI of 25 December 2008; as amended by Laws No. 4025-VI of 15 November 2011, No. 2617-VIII of 22 November 2018}
Article 223. Illegal privatisation of state or communal property
1. Privatisation of state or communal property by means of understating its value through use of methods not envisaged by law, or by use of forged privatisation papers, and also privatisation of property which, under the law, is not subject to privatisation, or privatisation by an unqualified person
shall be punishable by a fine of five to ten thousand tax-free minimum incomes.
2. The action provided for by part 1 of this Article, where it has resulted in the illegal privatisation of state or communal property on a large scale or have been committed by a group of persons upon their prior conspiracy
shall be punishable by a fine of twenty-five thousand to thirty-five thousand tax-free minimum incomes with or without confiscation of property.
Note. The large amount provided for by this Article shall mean the illegal privatisation of property for the amount that equals or exceeds one thousand tax-free minimum incomes.
{Article 233 as amended by Law No. 4025-VI of 15 November 2011}
{Article 234 has been deleted under Law No. 4025-VI of 15 November 2011}
{Article 235 has been deleted under Law No. 4025-VI of 15 November 2011}
{Section VIIА has ceased to be in force under Law No. 2808-VI of 21 December 2010}
Section VIII
CRIMINAL OFFENCES AGAINST ENVIRONMENT
{Title of Section VIII as amended by Law No. 2617-VIII of 22 November 2018}
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 production facilities, structures, mobile units and other objects, where it caused death of people, or environmental pollution of large areas, or any other grave consequences
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 236 as amended by Law No. 2059-VIII of 23 May 2017}
Article 237. Failure to eliminate consequences of environmental pollution
Failure to perform or improper performance of decontamination or other remedial 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 restriction of liberty for a term of up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to 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 of one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years, or restriction of liberty for up to three years, or imprisonment for the same term.
2. The same actions, where repeated, or committed in an area announced to be an environmental emergency zone, or where they caused death of people or any other grave consequences
shall be punishable by restriction 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 of up to three years.
{Article 238 as amended by Law No. 2617-VIII of 22 November 2018}
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 one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions that caused death of people or massive spread of disease among them, or any other grave consequences
shall be punishable by restriction 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 of up to three years.
{Article 239 as amended by Law No. 2617-VIII of 22 November 2018}
Article 239-1. Misappropriation of soil cover (surface layer) of land
1. Misappropriation of soil cover (surface layer) of land where these acts exposed human life and health or environment to danger
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or restriction of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy, or where they caused heavy pecuniary damage
shall be punishable by restriction of liberty for a term of up to two to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed by means of arson, explosion or other dangerous way or where it caused death of people, massive destruction of objects of fauna or flora or any other grave consequences
shall be punishable by restriction of liberty for a term of up to three to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
Note. Under this Article, the pecuniary damage shall be deemed heavy, where it equals or exceeds one hundred tax-free minimum incomes.
{The Law has been supplemented with Article 239-1 under Law No. 1708-VI of 05 November 2009; as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
Article 239-2. Misappropriation of lands of water resources on a particularly large scale
1. Misappropriation of the surface (ground) layer of land water resources on a particularly large scale
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or restriction of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy
shall be punishable by restriction of liberty for a term of up to two to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused any grave consequences
shall be punishable by restriction of liberty for a term of up to three to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
Note. Under this Article, the scale of surface (ground) layer of the land shall be deemed as particularly large, where it exceeds ten cubic meters.
{The Law has been supplemented with Article 239-2 under Law No. 1708-VI of 05 November 2009; as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
Article 240. Violation of rules related to the protection and use 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
shall be punishable by a fine of three hundred to six hundred tax-free minimum incomes, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. Violation of prescribed rules related to the use of mineral resources, where it exposed human life and health or environment to danger, and also unlawful mining of mineral resources of the national importance
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for the same term.
3. Any such actions as provided for by parts 1 and 2 of this Article, if repeated, or committed within the territory or sites of natural resource conservation area
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
4. Any such actions as provided for by parts 1, 2 and 3 of this Article, committed by means of arson, explosion or by any other socially dangerous method, or where it caused the death of people, massive spread of disease among them, or any other grave consequences
shall be punishable by imprisonment for a term of five to eight years.
{Article 240 as amended by Laws No. 2308-IV of 11 January 2005, No. 2984-IV of 18 October 2005; as revised by Law No. 1708-VI of 05 November 2009; as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
Article 240-1. Illegal extraction, sale, acquisition, transfer, shipment, transportation, processing of amber
1. Illegal extraction of amber, as well as sale, purchase, storage, transfer, shipment, transportation, processing of amber, the legal nature of the origin of which is not confirmed by respective documents
shall be punishable by a fine of three thousand to ten thousand tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for the same term.
2. The same actions committed repeatedly or on a large scale, or in the territories or on sites of the natural resource conservation area
shall be punishable by imprisonment for a term of four to seven years with forfeiture of property.
3. Any such actions as provided for by part 1 of this Article, committed by an official through abuse of office
shall be punishable by imprisonment for a term of five to eight years with forfeiture of property.
Note. Under this Article, the amount shall be deemed substantial, where the cost of amber equals or exceeds one hundred tax-free minimum incomes.
{The Code has been supplemented with Article 240-1 under Law No. 402-IX of 19 December 2019}
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 one thousand eight hundred to three thousand six hundred tax-free minimum incomes or restriction of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for the same term.
2. The same actions that caused death of people or any other grave consequences
shall be punishable by restriction 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 of up to three years.
{As for amendments to the Article 241 refer to the Law No. 2617-VIII of 22 November 2018; Article 241 as amended by Law No. 556-IX of 13 April 2020}
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 one thousand to five thousand tax-free minimum incomes, or deprivation of the right to hold certain positions or engage in certain activities for up to five years, or restriction of liberty for the same period.
2. The same actions 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 restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Article 242 as amended by Law No. 2617-VIII of 22 November 2018}
1. Marine pollution within internal sea or territorial waters of Ukraine or within waters of the exclusive (sea) 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 dumping 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 three hundred to eight hundred tax-free minimum incomes, or restriction of liberty for a term of up to three years, of 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 of up to three years.
2. The same actions 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 imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Failure of authorised officers of any water or air craft or any other facility or construction located in the sea to report to the administration of the nearest port of Ukraine, other authorised body or person, or – in case of dumping – also an organisation that issues permits for dumping, 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 one thousand to five thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to five years, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 243 as amended by Law No. 2617-VIII of 22 November 2018}
Article 244. Violation of law on the continental shelf of Ukraine
1. Violation of law on the continental shelf of Ukraine, where it caused substantial 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 one thousand to four thousand tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for up to two years.
2. Exploration, prospecting and mining of natural resources or any other operations on the continental shelf of Ukraine conducted by foreign nationals, unless they comply with an agreement concluded between Ukraine and a foreign country concerned, ratified by the Verkhovna Rada of Ukraine, or by a special permit issued in a manner prescribed by law
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes or arrest for up to six months.
{Article 244 as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
Article 245. Destruction or impairment of flora
1. Destruction or impairment of forests, plantations of trees around populated areas, alongside railroads, as well as stubble, dry wild herbs, plantation or its remnants in the territory of agricultural areas by fire or any other globally harmful method
shall be punishable by a fine of five thousand and four hundred to nine thousand tax-free minimum incomes, or restriction 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 animal deaths, or any other grave consequences
shall be punishable by imprisonment for a term of five to ten years.
{Article 245 as revised by Law No. 1708-VI of 05 November 2009; as amended by Law No. 556-IX of 13 April 2020}
Article 246. Illegal logging or illegal transportation, storage, and sale of timber
1. Illegal felling of trees or shrubs in forests, protective and other forest plantations, transportation, storage, sale of illegally felled trees or shrubs that have caused substantial damage
shall be punishable by a fine of one thousand and one thousand and five hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for up to three years, or imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 of this Article, committed in nature reserves or in the territories or on sites of natural resource conservation area, or in other specially protected forests
shall be punishable by a fine of one thousand and five hundred to two thousand tax-free minimum incomes, or restriction of liberty for a term of three to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of five to seven years.
Note. 1. Under this Article, substantial damage shall be deemed the damage that equals or exceeds twenty tax-free minimum incomes, or other substantial damage caused to the environment in terms of effective security, proper protection, reasonable use and renewal of forests.
2. Under this Article, grave consequences shall be deemed those consequences that equal or exceed sixty tax-free minimum incomes.
{Article 246 as amended by Law No. 1019-VIII of 18 February 2016; as revised by Laws No. 2063-VIII of 23 May 2017, No. 2531-VIII of 06 September 2018; as amended by Law No. 2708-VIII of 25 April 2019}
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 of up to one hundred tax-free minimum incomes, or by community service for a term of one hundred and twenty to two hundred hours, or by restriction of liberty for a term of up to two years.
{Article 247 as amended by Law No. 270-VI of 15 April 2008}
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 resource conservation area, or hunting for animals, birds or other species listed in the Red Data Book of Ukraine
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or by community service for a term of one hundred and sixty to two hundred and forty hours, or by restriction of liberty for a term of up to three years.
2. The same action, where 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 offence provided for by this Article
shall be punishable by a fine of two hundred to four hundred tax-free minimum incomes, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
Note. Under this Article, substantial damage, where it implies causing pecuniary damage, shall mean damage that equals or exceeds two hundred and fifty tax-free minimum incomes.
{Article 248 as amended by Laws No. 270-VI of 15 April 2008, No. 1827-VI of 21 January 2010, No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
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 substantial damage
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or restriction of liberty for up to three years.
2. The same actions committed with the use of explosive, poisonous substances, electric current or other means of mass destruction of fish, animals or other species, or by a person previously convicted of the offence provided for by this Article
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 249 as amended by Laws No. 1827-VI of 21 January 2010, No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
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 of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of two to five years, or imprisonment for a term of up to three years.
{Article 250 as amended by Law No. 2617-VIII of 22 November 2018}
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 one thousand to four thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to five years, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 251 as amended by Law No. 2617-VIII of 22 November 2018}
Article 252. Willful destruction or impairment of territories protected by the state and sites of natural resource conservation area
1. Willful destruction or impairment of territories protected by the state and sites of natural resource conservation area
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or restriction of liberty for up to three years.
2. The same actions committed by means of arson or any other globally harmful means, 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 252 as amended by Law No. 2617-VIII of 22 November 2018}
Article 253. Designing or operation of constructions without systems of environmental protection
1. Developing and submitting designs or any other similar documentation to a customer by an official or authorised person without mandatory environmental protection installations, or putting such constructions into operation without such protective installations, where these actions created a risk of grave technological accidents or environmental disasters, destruction or mass spread of diseases among the population, or any other grave consequences
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions that caused any of the consequences provided for by part 1 of this Article
shall be punishable by restriction of liberty for a term of three to five years or imprisonment for a term of up to five years.
{Article 253 as amended by Law No. 2617-VIII of 22 November 2018}
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 of one thousand to three thousand tax-free minimum incomes, or restriction of liberty for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Intended evasion of compulsory reclamation of lands disturbed as a result of experimental and industrial development of amber deposits or extraction of amber on the basis of a special subsoil use permit, which has caused substantial damage
shall be punishable by a fine of seven thousand to ten thousand tax-free minimum incomes or restriction of liberty for up to three years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 2 of this Article, where repeated or committed by a group of person upon their prior conspiracy
shall be punishable by restriction of liberty for a term of up to three to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 2 or 3 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. Under this Article, substantial damage shall be deemed damage that equals or exceeds two hundred and fifty statutory tax-free minimum incomes.
2. Under this Article, grave consequences shall be deemed those consequences that equal or exceed one thousand statutory tax-free minimum incomes.
{Article 254 as amended by Laws No. 270-VI of 15 April 2008; as revised by Law No. 402-IX of 19 December 2019; /amendments adopted by the Law of Ukraine No. 2617-VIII of 22 November 2018 may not be introduced due to the revision on the Article/}
Section IX
CRIMES AGAINST PUBLIC SAFETY
{Title of Section IX as amended by Law No. 2617-VIII of 22 November 2018}
Article 255. Creation, management of a criminal community or criminal organisation, and participation therein
1. Creation of a criminal organisation, management of such organisation or its structural parts
shall be punishable by imprisonment for a term of seven to twelve years with forfeiture of property.
2. Participation in a criminal organisation
shall be punishable by imprisonment for a term of five to twelve years with forfeiture of property.
3. Actions provided for by part 1 or 2 of this Article committed by an official through abuse of power
shall be punishable by imprisonment for a term of eight to thirteen years with forfeiture of property.
4. Creation of a criminal community, that is the association of two or more criminal organisations, the management of such a community
shall be punishable by imprisonment for a term of ten to fifteen years with forfeiture of property.
3. Actions provided for by part 1,2 or 4 of this Article committed by a person who exercises criminal influence or a person who is in the status of an entity of increased criminal influence, including the status of “thief-in-law”
shall be punishable by imprisonment for a term of twelve to fifteen years with forfeiture of property.
6. A person, other than the organiser or leader of a criminal organisation, shall be released from criminal liability for committing a crime provided for by part 2 or 3 of this Article, if he/she voluntarily notified the establishment of or participation in a criminal organisation prior to being notified of the suspicion of committing the crime and actively facilitated its uncovering.
Note. 1. Under this Article and Articles 255-1, 255-3 hereof, criminal influence shall mean any actions of a person who, due to authority, other personal qualities or capabilities, promotes, encourages, coordinates or exerts other influence on criminal activity, organises or directly distributes funds, property or other assets (income thereof) aimed at providing such activity.
Under this Article and Articles 255-1, 255-3 hereof, a person who has the status of an entity of increased criminal influence, including the status of “thief-in-law” shall be deemed a person who, due to authority, other personal qualities or capabilities, exerts criminal influence and coordinates the criminal activity of other persons who exercise criminal influence.
{Article 255 as revised by Law No. 671-IX of 04 June 2020}
Article 255-1. Establishment or spread of criminal influence
1. Willful establishment or spread of criminal influence in society in the absence of the elements specified in part 5 of Article 255 hereof
shall be punishable by imprisonment for a term of seven to ten years with forfeiture of property.
2. The same actions committed repeatedly or committed in temporary detention facilities, remand centres or penitentiary institutions
shall be punishable by imprisonment for a term of nine to fifteen years with or without the forfeiture of property.
3. Actions provided for by part 1 or 2 of this Article committed by a person who has the status of an entity of increased criminal influence, including the status of “thief-in-law”
shall be punishable by imprisonment for a term of twelve to fifteen years with forfeiture of property.
{The Code has been supplemented with Article 255-1 under Law No. 671-IX of 04 June 2020}
Article 255-2. Organisation, assistance in conducting or participating in a criminal gathering (meeting)
1. Organising or assisting in the conduct of a criminal gathering (meeting) of representatives of criminal organisations or organised groups, or persons exercising criminal influence, in order to plan the commission of one or more crimes, material support or coordination of criminal activity, including the distribution of proceeds of crime, or areas of criminal influence, as well as participation in such a gathering (meeting), including with the use of means of communication
shall be punishable by imprisonment for a term of seven to twelve years with forfeiture of property.
2. A person, other than the organiser of a criminal gathering (meeting), shall be released from criminal liability for committing a crime provided for by part 1 of this Article, if he/she voluntarily informed about the crime before notifying him/her about the suspicion of committing this crime, and also actively contributed to its uncovering.
{The Code has been supplemented with Article 255-2 under Law No. 671-IX of 04 June 2020}
Article 255-3. Appeal for the use of criminal influence
1. Appeal to a person who is known to be guilty of criminal influence, in particular to a person who is in the status of an entity of increased criminal influence, including the status of “thief-in-law” in order to apply such influence
shall be punishable by imprisonment for a term of three to seven years with or without forfeiture of property.
{The Code has been supplemented with Article 255-3 under Law No. 671-IX of 04 June 2020}
Article 256. Assistance to members of criminal organisations and covering up of their criminal activity
1. Assistance, which was not promised in advance, to members of criminal organisations 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, where committed repeatedly or by an official through abuse of power
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 256 as amended by Law No. 671-IX of 04 June 2020}
Organising an armed criminal gang for the purpose of attacking enterprises, institutions, organisations 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 forfeiture of property.
1. An act of terrorism, that is the use of weapons, explosions, arson or any other actions that exposed human life or health to danger or caused substantial 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 authorities or local governments, 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 with or without forfeiture of property.
2. The same actions, where committed repeatedly or by a group of persons upon their prior conspiracy, or where they have caused substantial property damage or have resulted in any other grave consequences
shall be punishable by imprisonment for a term of seven to twelve years with or without forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article that have resulted in death of a person
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment with or without forfeiture of property.
{Part 4 of Article 258 has been deleted under Law No. 170-V of 21 September 2006}
{Part 5 of Article 258 has been deleted under Law No. 170-V of 21 September 2006}
6. A person shall be released from criminal liability for an action provided for by part 1 of this Article with regard to the threat of committing an act of terrorism provided he/she voluntarily informed the law enforcement agency about the crime, facilitated its termination or detection, where as a result of this and the measures taken, the danger to human life or health or the infliction of substantial property damage or the occurrence of other grave consequences was averted, given his/her actions did not constitute another crime.
{Article 258 as amended by Laws No. 1689-VII of 07 October 2014, No. 361-IX of 06 December 2019}
Article 258-1. Involvement in an act of terrorism
1. Engaging a person in committing an act of terrorism or coercion to commit an act of terrorism using deceit, blackmail, vulnerable state of the person or with the use or threat of violence
shall be punishable by imprisonment for a term of three to five years with or without forfeiture of property.
2. Any such actions as provided for by part 1 of this Article that have been committed against several persons or committed repeatedly or by a group of persons upon prior conspiracy or by an official through abuse of power
shall be punishable by imprisonment for a term of four to seven years with or without forfeiture of property.
{The Code has been supplemented with Article 258-1 under Law No. 170-V of 21 September 2006; as amended by Law No. 1689-VII of 07 October 2014}
Article 258-2. Public incitement to commit an act of terrorism
1. Public incitement to commit an act of terrorism, as well as distribution, manufacture or possession for the purpose of distribution of materials with such incitements
shall be punishable by correctional labour for a term of up to two years or imprisonment for a term of up to six months, or restriction of liberty for a term of up to three years or deprivation of liberty for the same term, with or without forfeiture of property.
2. The same actions committed with the use of media
shall be punishable by restriction of liberty for a term of up to four years, or imprisonment for a term of up to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, and with or without forfeiture of property.
{The Code has been supplemented with Article 258-2 under Law No. 170-V of 21 September 2006; as amended by Law No. 1689-VII of 07 October 2014}
Article 258-3. Creation of a terrorist group or terrorist organisation
1. Creation of a terrorist group or terrorist organisation, the management of a group or organisation or participation therein, as well as organisational or other support to the creation or activity of a terrorist group or terrorist organisation
shall be punishable by imprisonment for a term of eight to fifteen years with or without the forfeiture of property.
2. A person other than an organiser and leader of a terrorist group or terrorist organisation, who voluntarily reported to the law enforcement agencies about corresponding terrorist activities, contributed to their termination or detection of crimes committed in connection with the establishment or actions of such group or organisation, shall be exempted from criminal liability for an action specified in part 1 of this Article if his/her actions do not constitute another crime.
{The Code has been supplemented with Article 258-3 under Law No. 170-V of 21 September 2006; as amended by Laws No. 2258-VI of 18 May 2010, No. 1689-VII of 07 October 2014}
Article 258-4. Facilitation to committing an act of terrorism
1. Recruitment, arming and training a person to commit an act of terrorism, as well as use of the person for this purpose
shall be punishable by imprisonment for a term of three to eight years with or without forfeiture of property.
2. The same actions, where committed in respect of several individuals or committed repeatedly, or by a group of persons upon their prior conspiracy or by an official through abuse of power
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
{The Code has been supplemented with Article 258-4 under Law No. 170-V of 21 September 2006; as amended by Laws No. 2258-VI of 18 May 2010, No. 1689-VII of 07. October 2014}
Article 258-5. Financing of terrorism
1. The provision or collection of any assets, directly or indirectly, for the purpose of their use or the realisation that they will be used in whole or in part for any purpose by an individual terrorist or terrorist group (organisation), or to organise, prepare or commit an act of terrorism, involvement in the commission of an act of terrorism, public incitement to commit an act of terrorism, creation of a terrorist group (organisation), assistance in committing an act of terrorism, conducting any other terrorist activity, as well as attempts to commit such acts
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to two years and forfeiture of property.
2. The same actions committed repeatedly or for mercenary reasons, or by a group of persons upon their prior conspiracy or on a large scale, or where they caused substantial property damage
shall be punishable by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group or on a large scale, or where they caused any other grave consequences
shall be punishable by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
4. A person other than an organiser or leader of a terrorist group (organisation) shall be exempt from criminal liability for actions under this Article, if he/she voluntarily informed about respective terrorist activities or otherwise contributed to its termination or prevention of crime, which he/she sponsored, or to the commission of which he/she has contributed, provided that his/her actions do not constitute another crime.
Note. 1. Financing of terrorism shall be deemed affected on a large scale, where the amount of financial or material support exceeds six thousand tax-free minimum incomes.
2. Financing of terrorism shall be deemed affected on a particularly large scale, where the amount of financial or material support exceeds eighteen thousand tax-free minimum incomes.
{The Code has been supplemented with Article 258-5 under Law No. 2258-VI of 18 May 2010; as amended by Law No. 361-IX of 06 December 2019}
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 arson or any other actions that may cause death of people or any other grave consequences
shall be punishable by imprisonment for a term of two to six years.
2. The same action, where the objects of knowingly false report are critically important infrastructure or buildings or structures that support the activities of government authorities, or health care facilities, or educational institutions, or where it has caused any grave consequences or committed repeatedly
shall be punishable by imprisonment for a term of four to eight years.
Note. The term “critically important infrastructure facilities” shall be understood in the meaning defined in the Law of Ukraine “On Basic Principles of Cyber ??Security of Ukraine”.
{Article 259 as amended by Laws No 3075-III of 07 March 2002, No. 4955-VI of 07 June 2012, No. 1292-IX of 02 March 2021}
Article 260. Creation of unlawful paramilitary or armed groups
1. Creation of paramilitary groups that contravene the Ukrainian laws, and participation in their operations
shall be punishable by imprisonment for a term of two to five years with or without forfeiture of property.
2. Creation of armed groups that contravene the Ukrainian laws or participation in their operations
shall be punishable by imprisonment for a term of three to eight years with or without forfeiture of property.
3. Management of the groups specified in parts 1 and 2 of this Article, financing, supplying weapons, ammunition, explosives or military machinery to these groups
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
4. Participation in attacks on enterprises, institutions, organisations or individuals, as a member of groups specified in parts 1 and 2 of this Article
shall be punishable by imprisonment for a term of seven to twelve years with or without forfeiture of property.
5. Any such actions as provided for by part 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 with or without forfeiture of property.
6. A person who was a member of groups specified in this Article shall be discharged from criminal liability under this Article for any actions provided for by part 1 or 2 of this Article, if he/she has voluntarily abandoned any such group and reported its existence to government authorities or local governments.
Note. 1. A paramilitary group shall mean a group that has a military organisational structure, including the unity of command, subordination and discipline, and performs military exercise, line training and physical drills.
2. An armed group shall mean a military group that is illegally armed with firearms, explosives or other weapons.
{Article 269 as amended by Law No. 1689-VII of 07 October 2014}
Article 261. Attacks at facilities which contain any items of increased danger to the environment
Attacks at any facilities 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 facilities
shall be punishable by imprisonment for a term of five to twelve years with or without forfeiture of property.
{Article 261 as amended by Law No. 1689-VII of 07 October 2014}
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 smooth-bore 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, where repeated, or committed by a group of persons upon their prior conspiracy, and also obtaining items specified in part 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 parts 1 or 2 of this Article, where committed by an organised group, and also brigandism for the purpose of stealing firearms (other than smooth-bore 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 forfeiture of property.
Article 263. Unlawful handling of weapons, ammunition or explosives
1. Carrying, storing, purchasing, transferring or selling firearms (other than smooth-bore hunting guns), ammunition, explosive substances or explosive devices without a permit required by law
shall be punishable by imprisonment for a term of three 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 of one thousand to four thousand tax-free minimum incomes or community service for a term of one hundred and twenty to two hundred and forty hours, or arrest for a term of three to six months, or restriction of liberty for a term of two to five years, or imprisonment for up to three years.
3. A person who has committed an offence under part 1 or 2 of this Article, shall be discharged from criminal liability, if that person voluntarily surrendered weapons, ammunition, explosive substances or explosive devices to the authorities.
{Article 263 as amended by Laws No. 270-VI of 15 April 2008, No. 5064-VI of 05 July 2012, No. 2617-VIII of 22 November 2018}
Article 263-1. Illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of their markings, or illegal manufacture of ammunition, explosives or explosive devices
1. Illegal manufacture, processing or repair of firearms or falsification, illegal removal or alteration of its marking, or illegal manufacture of ammunition, explosives or explosive devices
shall be punishable by imprisonment for a term of three to seven years.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by imprisonment for a term of five to ten years.
3. Any such actions as provided for by part 1 or 2 of this Article, if committed by an organised group
shall be punishable by imprisonment for a term of eight to twelve years.
{The Code has been supplemented with Article 263-1 under Law No. 5064-VI of 05 July 2012; as amended by Law No. 228-VII of 14 May 2013}
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 restriction of liberty for a term of up to three years, or imprisonment for the same term.
Article 265. Illegal 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 aimed at causing death of people, affecting their health, causing heavy property damage or substantial environmental pollution
shall be punishable by imprisonment for a term of five to eight years.
3. Any such actions as provided for by parts 1 or 2 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, or if they caused death of people, heavy property damage, substantial environmental pollution or any other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
4. A person who has committed a crime provided for by part 1 of this Article shall be released from criminal liability provided he/she has voluntarily surrendered to the authorities radioactive materials (sources of ionizing radiation, radioactive substances or nuclear materials in any physical state in the installation or product or otherwise).
Note. Under Articles 265, 265-1 hereof, heavy property damage shall mean damage that caused direct loss the amount of which equals or exceeds three hundred tax-free minimum incomes.
{Article 265 as amended by Laws No. 1071-V of 24 May 2007, No. 1638-VIII of 04 October 2016}
Article 265-1. Illegal manufacture of nuclear explosive device or a device that disperses radioactive material or radiation-emitting device
1. Illegal manufacture of any nuclear explosive device or a device that disperses radioactive material or radiation-emitting device, and may due of its properties cause death of people, damage their health, cause heavy property damage or substantial pollution of the environment
shall be punishable by a fine of three hundred to seven hundred tax-free minimum incomes, or restriction of liberty for a term of two to five years, or imprisonment for the same term.
2. The same actions aimed at causing death of people, affecting their health, causing heavy property damage or substantial environmental pollution
shall be punishable by imprisonment for a term of five to eight years.
3. Any such actions as provided for by parts 1 or 2 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, or if they caused death of people, heavy property damage, substantial environmental pollution or any other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
{The Code has been supplemented with Article 265-1 under Law No. 1071-V of 24 May 2007}
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 organisation, 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 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 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 of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to three years.
2. The same actions and also illegal mailing or shipping of flammable or caustic substances, where they caused death of people or any other grave consequences
shall be punishable by imprisonment for a term of three to twelve years.
{Article 267 as amended by Laws No. 4837-VI of 24 May 2012, No. 2617-VIII of 22 November 2018}
Article 267-1. Violation of the requirements of radiation safety regime
1. Moving in any way outside the exclusion zone or the zone of unconditional (obligatory) resettlement without providing statutory authorisation or conducting radiological monitoring of animal and plant products, industrial or other products, animals, fish, plants or any other objects
shall be punishable by a fine of fifty to eighty tax-free minimum incomes, or restriction of liberty for a term of one to three years, or imprisonment for the same term.
2. The acquisition for the purpose of the use or sale of objects defined in part 1 of this Article, if the fact of their origin from the exclusion zone or the zone of unconditional (obligatory) resettlement is previously known to the guilty person
shall be punishable by a fine of seventy to eighty-five tax-free minimum incomes, or restriction of liberty for a term of two to four years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, aimed at selling or sale of objects defined in part 1 of this Article
shall be punishable by a fine of seventy-five to one hundred tax-free minimum incomes, or restriction of liberty for a term of two to five years, or imprisonment for the same term.
4. Any such actions as provided for by part 1, 2 or 3 of this Article committed by an official or repeated, and if they caused death of people or resulted in any other grave consequences
shall be punishable by imprisonment for a term of three to seven years.
{The Code has been supplemented with Article 267-1 under Law No. 966-V of 19 April 2007}
Article 268. Illegal movement of waste and recyclables to Ukraine
1. Movement of waste or recyclables to or through Ukraine without a proper permit
shall be punishable by a fine of up to one hundred tax-free minimum incomes or restriction of liberty for 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 of fifty to two hundred tax-free minimum incomes, or restriction of liberty for a term of 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 of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of 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 269 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 270. Violation of the requirements of fire or technogenic safety established by law
1. Violation of the requirements of fire or technogenic safety established by law, where it has resulted in a fire or an accident, which caused damage to human health or heavy property damage
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same action that caused death of people, particularly heavy property damage or any other grave consequences
shall be punishable by imprisonment for a term of three to eight years.
Note. Property damage shall be deemed heavy, if direct losses exceed three thousand tax-free minimum incomes, and shall be deemed particularly heavy, if direct losses exceed one thousand tax-free minimum incomes.
{Article 270 as amended by Laws No. 2617-VIII of 22 November 2018, No. 1366-IX of 30 March 2021}
Article 270-1. Deliberate destruction or endamagement of public utilities
1. Intended destruction or endamagement of public utilities, where it has resulted or could have resulted in inability to operate, disruption of the normal functioning of such facilities, which caused danger to human life or health or heavy property damage
shall be punishable by a fine of one hundred to two hundred and fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions committed repeatedly or by globally harmful method
shall be punishable by imprisonment for a term of three to eight years.
3. Any such actions as provided for by parts 1 or 2 of this Article, if they have caused particularly heavy property damage or death of a person or resulted in any other grave consequences
shall be punishable by imprisonment for a term of five to twelve years.
Note. 1. Under this Article, public utilities shall mean the housing stock, facilities, landscaping, heating, water supply and drainage facilities, as well as their networks or components (hatch covers, their grilles, etc.).
Property damage shall be deemed heavy, if direct losses exceed three hundred tax-free minimum incomes, and shall be deemed particularly heavy, if direct losses exceed one thousand tax-free minimum incomes.
{Section IX has been supplemented with Article 270-1 under Law No. 2924-VI of 13 January 2011}
Section X
CRIMINAL OFFENCES AGAINST OCCUPATIONAL SAFETY
{Title of Section X as amended by Law No. 2617-VIII of 22 November 2018}
Article 271. Violation of occupational safety law
1. Violation of occupational safety requirements prescribed by laws and other labour safety regulations committed by an official of an enterprise, institution or organisation, or by an individual entrepreneur, where this violation caused any harm to a person's health
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for the same term.
2. The same action that caused death of people or resulted in any other grave consequences
shall be punishable by correctional labour for up to two years or restriction of liberty for up to five years, or imprisonment for up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to two years.
{Article 271 as amended by Laws No. 4837-VI of 24 May 2012, No. 2617-VIII of 22 November 2018}
Article 272. Violation of safety rules related to high-risk operations
1. Violation of safety rules related to high-risk operations at production facilities or at any enterprise by a person obliged to observe them, where this violation posed the threat of death of people or the threat of any other grave consequences, or caused any harm to a person's health
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action that caused death of people or resulted in any other grave consequences
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of up to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 272 as amended by Laws No. 4837-VI of 24 May 2012, No. 2617-VIII of 22 November 2018}
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 posed a threat of death of people or a threat of any other grave consequences, or caused harm to a person's health
shall be punishable by correctional labour for up to two years or restriction of liberty for up to three years, or imprisonment for up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action that caused death of people or resulted in any other grave consequences
shall be punishable by restraint for a term of up to five years or imprisonment for a term of two to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of 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 posed a threat of death of people or a threat of any other grave consequences, or caused harm to the victim's health
shall be punishable by restriction of liberty for a term of up to four years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
2. The same action that caused death of people or resulted in any other grave consequences
shall be punishable by imprisonment for a term of three to twelve years with deprivation of the right to occupy certain positions or engage in certain activities for a term of 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 posed a threat of death of people, or a threat of any other grave consequences, or any harm to the victim's health
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to two years.
2. The same action that caused death of people or resulted in any other grave consequences
shall be punishable by correctional labour for a term of up to two years or restriction of liberty for a term of up to five years, or imprisonment for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 275 as amended by Laws No. 4837-VI of 24 May 2012, No. 2617-VIII of 22 November 2018}
Section XI
CRIMINAL OFFENCES AGAINST TRAFFIC SAFETY OR SAFETY OF TRANSPORT OPERATIONS
{Title of Section XI as amended by Law No. 2617-VIII of 22 November 2018}
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 posed a threat of any other grave consequences
shall be punishable by correctional labour for up to two years or restriction of liberty for up to three years.
2. The same actions that caused bodily injury of medium gravity or grievous bodily injury to the victim, or caused heavy pecuniary damage
shall be punishable by imprisonment for a term of two to seven years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused death of people
shall be punishable by imprisonment for a term of five to ten years.
{Article 276 as amended by Law No. 270-VI of 15 April 2008}
Article 276-1. Conducting professional activities by a crew member or air traffic service by an air traffic control manager (traffic service manager) under the influence of alcohol, narcotic or psychotropic substances
Conducting professional activities by a crew member or air traffic service by an air traffic control manager (traffic service manager) under the influence of alcohol, narcotic or psychotropic substances
shall be punishable by correctional labour for up to two years or restriction of liberty for up to three years.
{The Code has been supplemented with Article 276-1 under Law No. 3393-VI of 19 May 2011}
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 exposed human lives to danger or caused the risk of any other grave consequences
shall be punishable by a fine of fifty to two hundred and fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for the same term, or imprisonment for a term of up to three years.
2. The same actions that caused bodily injury of medium gravity or grievous bodily injury to the victim, or caused heavy pecuniary damage
shall be punishable by imprisonment for a term of three to eight years.
3. Any such actions as provided for by part 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 as amended by Laws No. 270-VI of 15 April 2008, No. 2742-VI of 02 December 2010}
Article 278. Hijacking of a rolling-stock, aircraft, sea or river vessel
1. Hijacking of a rolling-stock, aircraft, sea or river vessel
shall be punishable by imprisonment for a term of three to six years.
2. The same actions 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 actions as provided for by parts 1 or 2 of this Article, committed by an organised group or accompanied with violence dangerous to the life or health of the victim, or those that have resulted in 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 regular operations of traffic, or exposed human lives to dander, or caused the risk of any other grave consequences
shall be punishable by a fine of fifty to one hundred and fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Capturing a railway station, airfield, port, station or any other transport enterprise, institution or organisation
shall be punishable by imprisonment for a term of five to eight years.
3. Any such actions as provided for by parts 1 and 2 of this Article, where they caused death of people or any other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
{Article 279 as amended by Laws No. 2742-VI of 02 December 2010, No. 721-VII of 16 January 2014 has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014, No. 1183-VII of 08 April 2014}
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 the property of close ones
shall be punishable by a fine of up to fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed by an organised group or accompanied with violence dangerous to the life or health of the victim, or those that have resulted in 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 the 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 of one thousand to three thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions that caused bodily injury of medium gravity or grievous bodily injury to the victim, or caused heavy pecuniary damage
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by parts 1 and 2 of this Article, where they caused death of people or resulted in any other grave consequences
shall be punishable by imprisonment for a term of five to twelve years.
{Article 281 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 of one thousand to three thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to five years.
2. The same actions that caused bodily injury of medium gravity or grievous bodily injury to the victim, or caused heavy pecuniary damage
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused death of people
shall be punishable by imprisonment for a term of five to twelve years.
{Article 282 as amended by Law No. 2617-VIII of 22 November 2018}
Article 283. Unauthorised non-emergency stopping of a train
1. Unauthorised 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 of one thousand to two thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of 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 283 as amended by Law No. 2617-VIII of 22 November 2018}
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 by a fine of up to one hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
Article 285. Failure to provide the name of a vessel in case of collision
Failure of a captain of a vessel that came into collision with another vessel to provide 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 of up to fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months.
Article 286. Violation of traffic safety rules or operation of transport by drivers
1. Violation of traffic safety rules or operation of transport by a driver, where it caused bodily injury of medium gravity to the victim
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, with deprivation of the right to drive for up to three years.
2. The same actions that caused death or grievous bodily injury of the victim
shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to drive vehicles for a term up to three years.
3. Any such actions as provided for by part 1 of this Article, where they caused death of several persons
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to drive vehicles for a term of up to three years.
Note. Under this Article and Article 286-1, 287, 289 and 290, vehicles shall mean all types of cars, tractors and other self-propelled machines, trams, trolleybuses, motorcycles, and other vehicles.
{Article 286 as amended by Laws No. 270-VI of 15 April 2008, No. 586-VI of 24 September 2008, No. 2617-VIII of 22 November 2018}
Article 286-1. Violation of traffic safety rules or operation of transport by persons driving under the influence
1. Violation of traffic safety rules or operation of transport by a person driving a vehicle in a state of alcohol, narcotic or other intoxication or under the influence of medicines that affect concentration, which caused bodily injury of medium gravity to the victim
shall be punishable by imprisonment for a term of up to three years with deprivation of the right to drive vehicles for a term of three to five years.
2. The same actions committed under the influence of alcohol, drugs or other intoxicants or under the influence of medicines that affect concentration, where they caused grievous bodily injury to the victim
shall be punishable by imprisonment for a term of three to eight years with deprivation of the right to drive vehicles for a term of five to eight years.
3. Any such actions as provided for by part 1 of this Article, committed in a state of alcohol, narcotic or other intoxication or under the influence of medicines that affect concentration, where they caused the death of the victim
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to drive vehicles for a term of five to ten years.
4. Any such actions as provided for by part 1 of this Article, committed in a state of alcohol, narcotic or other intoxication or under the influence of under the influence of medicines, where they caused the death of several people
shall be punishable by imprisonment for a term of seven to twelve years with deprivation of the right to drive vehicles for a term of seven to ten years.
{The Code has been supplemented with Article 286-1 under Law No. 1231-IX of 16 February 2021; also, refer to Explanation No. 04-27/3-2021/97637 of 18 March 2021}
Article 287. Authorisation of operation of malfunctioned vehicles and other violations of operation procedures
Authorisation of operation of vehicles known to be malfunctioned, or permitting a person in a state of intoxication resulting from the use of alcohol, narcotic, or any other intoxicating substances or medicines that affect concentration, or a person without a driver's license to drive a vehicle, or any other gross violation of rules related to traffic safety by a person responsible for the technical condition or operation of vehicles, where it caused bodily injury of medium gravity or grievous bodily injury or death of the victim
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for up to five years, or imprisonment for up to five years, with or without deprivation of the right to hold office, associated with liability for the technical condition or operation of vehicles, for up to three years.
{Article 287 as amended by Laws No. 586-VI of 24 September 2008, No. 2617-VIII of 22 November 2018}
Article 288. Violation of regulatory acts, rules and standards related to traffic safety
Violation of regulatory acts, rules 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 bodily injury of medium gravity, grievous bodily injury or death of the victim
shall be punishable by a fine of two thousand to three thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to five years.
{Article 288 as amended by Laws No. 586-VI of 24 September 2008, No. 2617-VIII of 22 November 2018, No. 124-IX of 20 September 2019}
Article 289. Unlawful appropriation of a vehicle
1. Unlawful appropriation of a vehicle
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy, or accompanied with violence that is not dangerous to the life or health of the victim, or with the threat of such violence, or committed with penetration into a room or other shelter, or using electronic devices to interfere with the work of technical means of protection, or where the subject of illegal appropriation is a vehicle whose value equals to one hundred to two hundred and fifty tax-free minimum incomes
shall be punishable by imprisonment for a term of five to eight years with or without forfeiture of property.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed by an organised group or accompanies with violence dangerous to the life or health of the victim, or with the threat of such violence, or where the subject of illegal appropriation is a vehicle whose value equals or exceeds two hundred and fifty tax-free minimum incomes
shall be punishable by imprisonment for a term of eight to twelve years with or without the forfeiture of property;
4. A person who committed the actions provided for by part 1 of this Article for the first time and voluntarily declared it to the law enforcement agencies, returned the vehicle to the owner and fully reimbursed the damage shall be released from criminal liability by the court.
1. Under this Article, an unlawful appropriation of a vehicle shall mean a wilful unlawful taking of a vehicle from its owner or user against their will, for whatever purpose and by whatever means.
2. Under part 2 of this Article, a repeated action shall mean any such action committed by a person who had previously unlawfully appropriated a vehicle or committed any criminal offence provided for by Article 185, 186, 187, 189–191, 262, 290, 410 hereof.
{Clause 3, notes to Article 289 have been deleted under Law No. 875-IX of 03 September 2020}
{Article 289 as revised by Law No. 2903-IV of 22 September 2005; as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018, No. 875-IX of 03 September 2020}
Article 290. Obliteration, forgery or replacement of numbers on parts and units of a vehicle
Obliteration, forgery or replacement of the identification number, engine, chassis, or body of a vehicle numbers, or replacement, without permission of a competent authority, of plates with the identification number of a vehicle
shall be punishable by a fine of one hundred and fifty to two hundred and fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years.
{Article 290 as amended by Law No. 586-VI of 24 September 2008}
Article 291. Violation of transport regulations
Violation of transport regulations related to traffic safety, as well as regulatory acts, rules and regulations for manufacturing, re-equipment, maintenance of vehicles, where it caused death of people or any other grave consequences
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to five years.
{Article 291 as amended by Laws No. 586-VI of 24 September 2008, No. 2617-VIII of 22 November 2018, No. 124-IX of 20 September 2019}
Article 292. Endamagement of facilities on main or industrial pipelines for oil, gas, condensate or oil products
1. Endamagement or destruction of main or industrial pipelines for oil, gas, condensate or oil products, or branch pipes, or any technologically related facilities, structures, 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 of one thousand to five thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. The same actions committed repeatedly or by a group of persons upon their prior conspiracy or by globally harmful means
shall be punishable by restrain of liberty for a term of five years or imprisonment for a term of three to eight years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where they caused the death of people, other accidents with people, or resulted in an accident, fire, substantial environmental pollution or other grave consequences, or committed by an organised group
shall be punishable by imprisonment for a term of five to twelve years.
{Article 292 as amended by Laws No. 4838-VI of 24 May 2012, No. 2617-VIII of 22 November 2018}
Section XII
CRIMINAL OFFENCES AGAINST PUBLIC ORDER AND MORALITY
{Title of Section XII as amended by Law No. 2617-VIII of 22 November 2018}
Article 293. Group violation of public order
Organising group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organisation, and also active participation therein
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes or arrest for a term of up to six months.
{Article 293 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014, No. 2617-VIII of 22 November 2018}
1. Organising riots accompanied with violence against any person, riotous damage, arson, destruction of property, capture of buildings or structures, 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, where they have resulted in death or any other grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years.
{Article 294 as amended by Law No. 721-VII of 16 January 2014 - has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
Article 295. Incitement to actions that pose a threat to the public order
Incitement to riotous damage, arson, destruction of property, capture of buildings or structures, forceful eviction of citizens, where these actions pose a threat to the public order, and also distributing, making or storing any materials of such content
shall be punishable by a fine of up to fifty tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{Article 295 as amended by Law No. 721-VII of 16 January 2014 - has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 of one thousand to two thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years.
2. The same actions committed by a group of persons
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for a term of up to four years.
3. Actions provided for by parts 1 or 2 of this Article, where they were committed by a person previously convicted of hooliganism, or involve resistance to a government official or a member of the public who performs public order duties, or other citizens who stopped hooliganism
shall be punishable by imprisonment for a term of two to five years.
4. Actions provided for by parts 1, 2 or 3 of this Article, where they are committed with the use of firearms or cold arms or other items specially adapted or prepared in advance for inflicting bodily injuries
shall be punishable by imprisonment for a term of three to seven years.
{Article 296 as amended by Laws No. 3075-III of 07 March 2002, No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 2617-VIII of 22 November 2018}
Article 297. Violation of graves, any other burial place, or a corpse
1. Violation of graves, any other burial place, a corpse (remains, ashes), or a funerary urn, and also misappropriation of a corpse (remains, ashes), funerary urn, things at (in) the grave, in any other burial place, on a corpse (remains, ashes)
shall be punishable by a fine of one thousand four thousand five hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for up to three years, or imprisonment for the same term.
2. Desecration or destruction of a mass grave or a tomb of the Unknown Soldier, a monument erected in memory of those who fought against Nazism during World War II that is Soviet liberators, members of the guerrilla movement, underground fighters, victims of Nazi persecution, internationalist soldiers, peacekeepers, as well as those who defended the independence, sovereignty and territorial integrity of Ukraine and took a direct part in the anti-terrorist operation, in the implementation of measures to ensure national security and defence, repel and deter armed aggression by the Russian Federation or another state recognised by the Verkhovna Rada of Ukraine as an aggressor, participants in the Revolution of Dignity, fighters for Ukraine's independence in the 20th century
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed repeatedly or by a group of persons upon their prior conspiracy, or for mercenary or hooligan motives, or against a monument erected in memory of those who fought against Nazism during World War II, victims of Nazi persecution, as well as internationalist soldiers and peacekeepers, or accompanied with the use or threat of violence
shall be punishable by imprisonment for a term of four to five years or by imprisonment for a term of four to seven years.
3. Any such actions as provided for by part 1, 2 and 3 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of seven to twelve years.
{Article 297 as amended by Laws No. 1166-VI of 19 March 2009, No. 728-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as revised by Law No. 734-VII of 28 January 2014; as amended by Laws No. 2617-VIII of 22 November 2018, No. 2747-VIII of 06 June 2019}
Article 298. Illegal conduct of search works on the archaeological heritage site, extermination, destruction or damage to cultural heritage sites
1. Illegal conduct of archaeological investigations, excavation, other earth or underwater works on the archaeological heritage site
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or restriction of liberty for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Willful illegal extermination, destruction or damage to cultural heritage sites or parts thereof
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes, or restriction of liberty for a term of up to three years, of 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 of up to three years.
3. Actions provided for by part 2 of this Article, where committed in respect of monuments of national value
shall be punishable by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. The actions provided for by parts 2 or 3 of this Article, where committed for the purpose of searching for movable items originating from archaeological heritage sites
shall be punishable by imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Actions provided for by part 1 or 2 of this Article committed by an official through abuse of power
shall be punishable by imprisonment for a term of three to eight years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 298 as revised by Law No. 1626-IV of 18 March 2004; as amended by Law No. 270-VI of 15 April 2008; as revised by Law No. 2518-VI of 09 September 2010; as amended by Law No. 2617-VIII of 22 November 2018}
Article 298-1. Destruction, damage or concealment of documents or unique documents of the National Archives
1. Willful destruction, concealment of unique documents of the National Archives
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes or arrest for a term of up to six months.
2. The same actions committed in respect of unique documents of the National Archives
shall be punishable by imprisonment for up to three years.
3. Actions provided for by part 1 or 2 of this Article committed by an official through abuse of power
shall be punishable by imprisonment for a term of three to five years.
{The Code has been supplemented with Article 298-1 under Law No. 534-V of 22 December 2006}
Article 299. Cruelty to animals
1. Cruelty to vertebrate animals, including stray animals, committed intentionally and resulting in the mutilation or death of an animal, as well as setting the animals on each other or other animals, committed for hooligan or mercenary motives, public incitement to committing acts that constitute animal cruelty, as well as distributing materials inciting to commit such actions
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions committed in the presence of a child or a minor
shall be punishable by restriction of liberty for a term of three to five years or imprisonment for a term of three to five years.
3. The actions provided for by parts 1 or 2 of this Article, committed with special cruelty or in the presence of a child or a minor, or in respect of two or more animals, or repeatedly, or by a group of persons, or committed in an active manner
shall be punishable by imprisonment for a term of five to eight years.
{Article 299 as revised by Law No. 2120-VIII of 22 June 2017; as amended by Law No. 2617-VIII of 22 November 2018}
Article 300. Importation, manufacture or distribution of works that promulgate violence and cruelty, racial, national or religious intolerance and discrimination
1. Importation into Ukraine for sale or distribution purposes, or manufacture, storage, transportation or other movement for the same purposes, or sale or distribution of works that promulgate violence and cruelty, racial, national or religious intolerance and discrimination, and also compelling others to participate in creation of such works
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions with regard to motion pictures and video films that promulgate violence and cruelty, racial, national or religious intolerance and discrimination, and also selling works that promulgate violence and cruelty, racial, national or religious intolerance and discrimination, to minors or distribution of such works among minors
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or restriction of liberty for up to five years.
3. Any such actions as provided for by part 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 promulgate violence and cruelty, racial, national or religious intolerance and discrimination
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 300 as revised by Law No. 1707-VI of 05 November 2009; as amended by Laws No. 1019-VIII of 18 February 2016, No. 2617-VIII of 22 November 2018}
Article 301. Importation, production, sale or distribution of pornographic items
1. Importation into Ukraine for sale or distribution purposes, or manufacture, 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 production
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions committed with regard to pornographic motion pictures and video films, or computer software, also selling pornographic images or other items to minors or distributing such images and items among them
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, or aimed at obtaining big profit
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Part 4 of Article 301 has been deleted under Law No. 1256-IX of 18 February 2021}
{Part 5 of Article 301 has been deleted under Law No. 1256-IX of 18 February 2021}
Note. Under Articles 301 and 301-1 hereof, gaining big profit takes place when its amount equals or exceeds two hundred tax-free minimum incomes.
{Article 301 as amended by Laws No. 1520-VI of 11 June 2009, No. 1819-VI of 20 January 2010, No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018, No. 1256-IX of 18 February 2021}
Article 301-1. Obtaining access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and distribution
1. Intended access to child pornography using information and telecommunication systems or technologies or its intended acquisition, or intended storage, importation into Ukraine, transportation or other movement of child pornography without the purpose of sale or distribution
shall be punishable by arrest for a term of three to six months or restriction of liberty for a term of up to five years, or imprisonment for a term of two to six years, deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Importation into Ukraine of child pornography for the purpose of sale or distribution or its storage, transportation or other movement for the same purpose
shall be punishable by imprisonment for a term of seven to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Production, distribution, sale of child pornography or forcing a minor to participate in the creation of child pornography
shall be punishable by imprisonment for a term of eight to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. The actions provided for by parts 2 or 3 of this Article, committed repeatedly or by a group of persons upon their prior conspiracy, or with obtaining big profit, or with forcing a minor to participate in the creation of child pornography
shall be punishable by imprisonment for a term of nine to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
5. A minor shall not be subject to criminal liability for the production, storage, transportation or other movement of child pornography, if such actions have been committed without the purpose of sale or distribution.
6. A person who has committed actions for the purpose of fulfilling the powers assigned to him/her on the grounds and in the manner prescribed by law shall not be subject to criminal liability for the actions provided for by part 1 of this Article.
Note. Under this Article, access to child pornography using information and telecommunication systems or technologies shall be deemed intended where it is proven that the person was aware that he/she would gain access to child pornography in this way (for example, it is proven that the person gained such access repeatedly or by payment, etc.).
{The Code has been supplemented with Article 301-1 under Law No. 1256-IX of 18 February 2021}
Article 301-2. Conducting entertainment show of sexual nature with the participation of a minor
1. Conducting entertainment show of a sexual nature, including with the use of information and telecommunication systems or technologies, in which a minor is involved
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. Attendance of an entertainment show of sexual nature for the purpose of its viewing, including with the use of information and telecommunication systems or technologies, in which a minor is involved knowingly for the visitor
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. Involvement of a minor in an entertainment show of sexual nature, including the use of information and telecommunication systems or technologies, or forcing a minor to participate in such a show through deception, blackmail, vulnerable condition or the use of threat of violence
shall be punishable by imprisonment for a term of seven to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. The actions provided for by part 3 of this Article, committed in relation to a child
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. Under this Article, an entertainment show of sexual nature shall mean a public display in any form of products of sexual nature or stage actions aimed at the embodiment of acts of sexual nature.
{The Code has been supplemented with Article 301-2 under Law No. 1256-IX of 18 February 2021}
Article 302. Creating or running brothels and procuring
1. Creating or running brothels, and also procuring
shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes or restriction of liberty for up to two years.
2. The same actions committed for financial gain, or by a person previously convicted of this offence, or by an organised group
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed with involvement of a minor
shall be punishable by imprisonment for a term of two to seven years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed with involvement of a child
shall be punishable by imprisonment for a term of five to ten years.
{Article 302 as amended by Laws No. 2334-VIII of 14 March 2018, No. 2617-VIII of 22 November 2018}
Article 303. Pimping or engaging person in prostitution
1. Engaging person in prostitution or compulsion to engage in prostitution, involving deceit, blackmail or vulnerable state of a person, with imposition of violence or threat of violence, or pimping
shall be punishable by imprisonment for a term of three to five years.
2. Actions provided for by part 1 of this Article, where committed in respect of several persons or repeatedly, or by a group of persons upon their prior conspiracy, or by an official through abuse of office, from whom the victim was material or otherwise dependent
shall be punishable by imprisonment for a term of four to seven years.
3. The actions provided for by part 1 or 2 of this Article, where committed in respect of a minor or committed by an organised group
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
3. Any such actions as provided for by part 1, 2 and 3 of this Article, committed in respect of a minor or where they caused any grave consequences
shall be punishable by imprisonment for a term of eight to fifteen years with or without the forfeiture of property.
Note. 1. Under this Article, pimping shall mean any action of a person committed for the purpose of engaging another person in prostitution.
2. Under this Article, the liability for engaging a child or a minor in prostitution or compulsion to engage in prostitution shall arise regardless of the fact that such actions were committed with deceit, blackmail or vulnerable state of a person involved, with imposition of violence or threat of violence, abuse of office, or by a person from whom the victim was materially or otherwise dependent
{Article 303 as revised by Law No. 3316-IV of 12 January 2006}
Article 304. Engaging minors in criminal activity
1. Engaging minors in criminal activity, drinking alcohol, begging, or gambling
shall be punishable by imprisonment for a term of three to seven years.
2. The same actions committed in respect of a child by a parent, step parent, foster parent or guardian, or any person imposed with a duty of upbringing or taking care of a victim
shall be punishable by imprisonment for a term of four to ten years.
{Article 304 as amended by Laws No. 616-VI of 01 October 2008, No. 2617-VIII of 22 November 2018}
Section XIII
CRIMINAL OFFENCES RELATED TO THE CIRCULATION OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES OR PRECURSORS, AND OTHER OFFENCES AGAINST PUBLIC HEALTH
{Title of Section XIII as amended by Law No. 2617-VIII of 22 November 2018}
Article 305. Smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or counterfeit medicines
1. Smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or counterfeit medicines that is their movement across the customs border of Ukraine outside the customs control or concealing them from the customs control
shall be punishable by imprisonment for a term of five to eight years.
2. The same actions, where repeated, or committed by a group of persons upon their prior conspiracy, and also where these actions involved especially harmful narcotic or psychotropic substances, their analogues or precursors, or counterfeit medicines in large amounts
shall be punishable by imprisonment for a term of eight to ten years with forfeiture of property.
3. Smuggling of narcotic drugs, psychotropic substances, their analogues or precursors, or counterfeit medicines committed by an organised group, and also where smuggling involved narcotic or psychotropic substances, their analogues or precursors, or counterfeit medicines in particularly large amounts
shall be punishable by imprisonment for a term of ten to twelve years with forfeiture of property.
Note. Under this Section, definition of large and particularly large amount of narcotic drugs, psychotropic substances, their analogues or precursors, as well as toxic or potent substances or toxic or potent drugs, or counterfeit medicines shall be established by the central executive body that implements state policy in the area of health care, together with the central executive body that ensures the development of state policy in the area of trafficking in narcotic drugs, psychotropic substances, their analogues and precursors, combating their illicit trafficking.
{Article 305 as amended by Law No. 875-V of 05 April 2007; as revised by Law No. 3718-VI of 08 September 2011; as amended by Law No. 5065-VI of 05 July 2012, No. 5460-VI of 16 October 2012, No. 770-VIII of 10 November 2015}
Article 306. Use of money obtained from illicit trafficking in narcotic drugs, psychotropic substances, their analogues, precursors, toxic or potent substances or toxic or potent medicines
1. Use of money obtained from illicit trafficking in narcotic drugs, psychotropic substances, their analogues, precursors, toxic or potent substances or toxic or potent medicines in order to continue illicit trafficking in narcotic drugs, psychotropic substances, their analogues, precursors, toxic or potent substances or toxic or potent medicines
shall be punishable by imprisonment for a term of seven to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
2. The actions provided for by part 1 of this Article, if committed repeatedly or by a group of persons upon their prior conspiracy, or in large amounts
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
Note. Large amounts shall be deemed funds that equal or exceed two hundred tax-free minimum incomes.
{Article 306 as amended by Laws No. 430-IV of 16 January 2003, No. 485-IV of 06 February 2003, No. 3826-VI of 06 October 2011, No. 4016-VI of 04 November 2011, No. 770-VIII of 10 November 2015; as revised by Law No. 361-IX of 06 December 2019}
Article 307. Illegal production, manufacture, purchasing, storage, transportation, sending or sale of narcotic drugs, psychotropic substances or their analogues
1. Illegal production, manufacture, purchasing, storage, transportation, sending for selling purposes, and also illegal sale of narcotic drugs, psychotropic substances or their analogues
shall be punishable by imprisonment for a term of four to eight years.
2. The same actions, where repeated, or committed by a group of persons upon their prior conspiracy, or by a person who had previously committed any of the criminal offences stipulated by Articles 308–310, 312, 314, 315 and 317 hereof, or by engaging a minor, and also sale of narcotic drugs, psychotropic substances or their analogues in places designated for educational, sports, and cultural purposes, and in other places of public attendance, or sale or transfer of these substances to places of imprisonment, or where these actions involved narcotic drugs, psychotropic substances or their analogues in large amounts or especially harmful narcotic drugs and psychotropic substances
shall be punishable by imprisonment for a term of six to ten years with forfeiture of property.
3. Any such actions as provided for by parts 1 and 2 of this Article, committed by an organised group, and also where these actions involved narcotic drugs, psychotropic substances or their analogues in particularly large amounts, or committed by engaging a child or in respect of a child
shall be punishable by imprisonment for a term of nine to twelve years with forfeiture of property.
4. A person, who voluntarily surrendered narcotic drugs, psychotropic substances or their analogues, and disclosed the source from which they were purchased, and assisted in detecting the criminal offences related to their trafficking, shall be discharged from criminal liability for their illegal production, manufacture, purchasing, storage, transportation, or sending (part 1 of this Article and part 1 of Article 309 hereof).
{Article 307 as amended by Laws No. 3826-VI of 06 October 2011, No. 2617-VIII of 22 November 2018}
Article 308. Stealing, appropriation, extortion of narcotic drugs, psychotropic substances or their analogues, or their acquisition by fraud or abuse of office
1. Stealing, appropriation, or extortion of narcotic drugs, psychotropic substances or their analogues, or their acquisition by fraud
shall be punishable by imprisonment for a term of three to six years.
2. The same actions, where 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 offences provided for by Articles 306, 307, 310, 311, 312, 314 and 317 hereof, or committed in respect of large amounts, and also acquisition of narcotic drugs, 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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
3. Any such actions as provided for by parts 1 or 2 of this Article, where committed in respect of particularly large amounts, or by an organised group, and also brigandism for the purpose of robbery of narcotic drugs, 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 forfeiture of property.
{Article 308 as amended by Law No. 2617-VIII of 22 November 2018}
Article 309. Illegal production, manufacture, purchasing, storage, transportation or sending of narcotic drugs, psychotropic substances or their analogues not for selling purposes
1. Illegal production, manufacture, purchasing, storage, transportation or sending of narcotic drugs, psychotropic substances or their analogues not for selling purposes
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years.
2. The same actions, if committed by a group of persons upon their prior conspiracy or within a year after the conviction under this Article, or where the subject of such actions were narcotic drugs, psychotropic substances or their analogues in large amounts
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes or imprisonment for a term of up to three years.
3. The same actions as provided for by parts 1 or 2 of this Article, committed with the involvement of a minor, as well as where the subject of such actions were narcotic drugs, psychotropic substances or their analogues in particularly large amounts
shall be punishable by imprisonment for a term of five to eight years.
4. A person who voluntarily applied to a treatment facility and began the treatment of drug addiction, shall be discharged form criminal liability for actions provided for by part 1 of this Article.
{Article 309 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 310. Planting or cultivation of opium poppy or cannabis
1. Illegal planting or illegal cultivation of opium poppy in the amount of one hundred to five hundred plants or cannabis in the amount of ten to fifty plants
shall be punishable by a fine of one hundred to five hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of 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 offences provided for by Articles 307, 309, 311 and 317 hereof, 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 310 as amended by Laws No. 270-VI of 15 April 2008, No. 1165-VI of 19 March 2009, No. 2617-VIII of 22 November 2018}
Article 311. Illegal production, manufacture, purchasing, storage, transportation or sending of precursors
1. Illegal production, manufacture, purchasing, storage, transportation or sending of precursors for the purpose of using them for production or making of narcotic drugs, or psychotropic substances
shall be punishable by a fine of up to fifty tax-free minimum incomes or restriction of liberty for up to three years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or in respect of large amounts, or for selling purposes, and also the illegal sale of precursors
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by part 1, if committed by an organised group, or in particularly large amounts
shall be punishable by imprisonment for a term of five to eight years with forfeiture of property.
4. A person, who voluntarily surrendered precursors designated for the production or manufacture of narcotic drugs or psychotropic substances, and disclosed the source from which they were purchased, or assisted in solving of criminal offences related to trafficking of precursors, narcotic drugs, psychotropic substances or their analogues, shall be discharged from criminal liability for their illegal production, manufacture, purchasing, storage, transportation, or sending (part 1 of this Article).
{Article 311 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
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 for the purpose of their selling, as well as selling thereof for the purpose of further producing or manufacture of narcotic drugs, psychotropic substances or their analogues
shall be punishable by a fine of up to seventy tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for up to three 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 accompanied with violence not dangerous to the victim's life or health, or threats of such violence, or committed in respect of large 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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, if committed by an organised group, or in respect of particularly large amounts, and also brigandism for the purpose of robbery 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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
{Article 312 as amended by Law No. 270-VI of 15 April 2008}
Article 313. Stealing, appropriation, extortion of equipment devised for production of narcotic drugs 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 production of narcotic drugs, psychotropic substances or their analogues, or acquisition of such equipment by fraud, and also illegal manufacture, purchasing, storage, transfer or sale of such equipment to other persons
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of three to six months, or restriction of liberty for a term of 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 offences provided for by Articles 306, 312, 314, 315, 317 and 318 hereof, and also acquisition of equipment devised for production of narcotic drugs, 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 actions as provided for by part 1 or 2 of this Article, if committed by an organised group or for the purpose of production of especially harmful narcotic drugs, psychotropic substances or their analogues, and brigandism for the purpose of robbery of equipment devised for production of narcotic drugs, 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 forfeiture of property.
{Article 313 as amended by Laws No. 270-VI of 15 April 2008, No. 2617-VIII of 22 November 2018}
Article 314. Illegal administration of narcotic drugs, psychotropic substances or their analogues
Illegal administration of narcotic drugs, 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, where they caused drug addiction of the victim, or repeated, or committed by a person who had previously committed any of the criminal offences provided for by Articles 306–312, and 314–318 hereof, or committed in respect of two or more persons, or where they caused bodily injury of medium gravity or grievous bodily injury to the victim
shall be punishable by imprisonment for a term of three to ten years.
3. Any such actions as provided for by parts 1 or 2 of this Article, committed in respect of a minor or a person in helpless condition or a pregnant woman, or involving an administration of especially harmful narcotic drugs, 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 314 as amended by Law No. 2617-VIII of 22 November 2018}
Article 315. Inducement to use narcotic drugs, psychotropic substances or their analogues
1. Inducement of any person to use narcotic drugs, psychotropic substances or their analogues
shall be punishable by restriction of liberty for a term of 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 offences provided for by Articles 307, 308, 310, 314, and 317 hereof
shall be punishable by imprisonment for a term of five to twelve years.
{Article 315 as amended by Law No. 2617-VIII of 22 November 2018}
Article 316. Illegal use of narcotic drugs in public
1. Illegal use of narcotic drugs in public or committed by a group of persons in places designated for educational, sport and cultural purposes, and in other places of public attendance
shall be punishable by restriction of liberty for a term of up to four years, or imprisonment for a term of up to three years.
2. The same actions, if repeated, or committed by a person who had previously committed any of the criminal offences provided for by Articles 307, 310, 314, 315, 317 and 318 hereof
shall be punishable by imprisonment for a term of three to five years.
{Article 316 as amended by Law No. 2617-VIII of 22 November 2018}
Article 317. Organising or running places for illegal use, production or manufacture of narcotic drugs, psychotropic substances or their analogues
1. Organising or running places for illegal use, production or manufacture of narcotic drugs, 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 four to eight years with forfeiture of property.
{Article 317 as amended by Law No. 270-VI of 15 April 2008}
Article 318. Illegal manufacture, forgery, use or sale of forged documents authorising the receipt of narcotic drugs, psychotropic substances or precursors
1. Illegal manufacture, forgery, use or sale of forged or illegally obtained documents authorising the receipt of narcotic drugs, psychotropic substances or precursors designated for production or making of such narcotic drugs or substances
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or restriction of liberty for 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 offences provided for by Articles 306–317 hereof
shall be punishable by imprisonment for a term of two to five years.
{Article 318 as amended by Law No. 2617-VIII of 22 November 2018}
Article 319. Illegal issue of a prescription authorising the purchase of narcotic drugs or psychotropic substances
1. Illegal issue of a prescription authorising the purchase of narcotic drugs or psychotropic substances for mercenary motives or any other personal interests
shall be punishable by a fine of up to seventy tax-free minimum incomes, or community service for a term of one hundred and sixty to two hundred and forty hours, or arrest for a term of three to six months, or restriction of liberty for up to three years, with deprivation of the right to hold certain positions for 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 of up to three years.
{Article 319 as amended by Laws No. 270-VI of 15 April 2008, No. 3826-VI of 06 October 2011}
Article 320. Violation of rules related to trafficking of narcotic drugs, 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, manufacture, storage, inventorying, dispensation, distribution, commercial sale, transportation, sending or use of narcotic drugs, psychotropic substances, their analogues or precursors designated for production or manufacture of such narcotic drugs or substances
shall be punishable by a fine of up to seventy tax-free minimum incomes, or arrest for up to six months, or restriction of liberty for up to four years, or imprisonment for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, if repeated, or where they resulted in shortage of narcotic drugs, psychotropic substances, their analogues or precursors in large amounts, or in stealing, appropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors by fraud or abuse of office
shall be punishable by a fine of seventy to one hundred and twenty tax-free minimum incomes, or arrest for a term of three to six months, or imprisonment for a term of three to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 320 as amended by Law No. 3826-VI of 06 October 2011}
Article 321. Illegal production, manufacture, purchasing, transportation, sending, storage for selling purposes, or sale of toxic and potent substances or toxic and potent medicines
1. Illegal production, manufacture, purchasing, transportation, sending, storage for selling purposes, or sale of toxic and potent substances, other than narcotic drugs, psychotropic substances or their analogues, or toxic and potent medicines, and also any such actions in respect of any equipment devised for the production or manufacture of toxic or potent substances or toxic and potent medicines, where these actions were not duly authorised
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of three to six months, or restriction of liberty for a term of up to three years.
2. Violation of rules related to production, manufacture, purchasing, storage, dispensation, inventorying, transportation or sending of toxic or potent substances, other than narcotic drugs, psychotropic substances or their analogues, or toxic and potent medicines
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of three to six months, or restriction of liberty for a term of up to three years.
3. Actions provided for by parts 1 and 2 of this Article, if committed repeatedly, or by a group of persons upon their prior conspiracy, or where subject of such actions were toxic or potent substances which are not narcotic drugs or psychotropic substances or their analogues, or toxic or potent medicines in large amounts
shall be punishable by imprisonment for a term of three to five years.
4. Actions provided for by parts 1 and 2 of this Article, if committed by a group of persons upon their prior conspiracy, or where subject of such actions were toxic or potent substances which are not narcotic drugs or psychotropic substances or their analogues, or toxic or potent medicines in particularly large amounts
shall be punishable by imprisonment for a term of five to ten years.
5. A person who has voluntarily surrendered toxic or potent substances which are not narcotic drugs or psychotropic substances or their analogues, or toxic or potent medicines, and indicated the source of their acquisition or contributed to the detection of crimes related to their trafficking shall be exempt from criminal liability for the unlawful production, manufacture, purchase, transportation, shipment, storage of toxic or potent substances which are not narcotic drugs or psychotropic substances or their analogues, or toxic or potent medicines, as well as for committing such actions without special permission (part 1 of this Article) in respect of equipment for the production or manufacture of toxic or potent substances, which are not narcotic drugs or psychotropic substances or their analogues, or toxic or potent medicines.
{Article 321 as revised by Law No. 875-V of 05 April 2007; as amended by Laws No. 3826-VI of 06 October 2011, No. 2617-VIII of 22 November 2018}
Article 321-1. Counterfeiting of medicines or trafficking of counterfeit medicines
1. Manufacture, purchase, transportation, shipment, storage with the purpose of sale or sale of knowingly counterfeit medicines
shall be punishable by imprisonment for a term of five to eight years.
2. The same actions, committed repeatedly or by a group of persons upon their prior conspiracy or by an official through abuse of office, a medical or pharmaceutical worker, or through information systems, including the Internet, or in large amounts, or where they have caused a prolonged disturbance of health of a person, as well as the production of counterfeit medicines
shall be punishable by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and with confiscation of property.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused death of a person or any other grave consequences, or committed in particularly large amounts
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment with forfeiture of property.
4. A person who voluntarily surrendered counterfeit medicines and disclosed the source of their acquisition or facilitated the detection of crimes related to their trafficking shall be released from criminal liability for the acquisition, transportation, transfer or storage with the purpose of sale, sale of knowingly counterfeit medicines, their import into the territory of Ukraine, export from the territory of Ukraine, transit through its territory (part 1 of this Article, where such actions did not pose a threat to human life or health).
{The Code has been supplemented with Article 321-1 under Law No. 3718-VI of 08 September 2011; as revised by Law No. 5065-VI of 05 July 2012; as amended by Laws No. 1019-VIII of 18 February 2016, No. 284-IX of 12 November 2019}
Article 321-2. Violation of the established procedure for pre-clinical studies, clinical trials and state registration of medicines
1. Intended violation of the established procedure for pre-clinical study, clinical trials of medicines, falsification of their findings, as well as violation of the established procedure for state registration of medicines
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by parts 1 and 2 of this Article, if they caused death of a victim or resulted in any other grave consequences
shall be punishable by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of two to three years.
{The Code has been supplemented with Article 321-2 under Law No. 5065-VI of 05 July 2012}
Article 322. Illegal organisation or running of places for the use of intoxicating substances
Illegal organisation or running of places for the use of intoxicating medicines and substances, other than narcotic drugs, psychotropic substances or their analogues, and also providing premises for this purpose
shall be punishable by a fine of seventy to one hundred and twenty tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for the same term.
{Article 322 as amended by Laws No. 270-VI of 15 April 2008, No. 3826-VI of 06 October 2011}
Article 323. Inducement of minors to the use of doping drugs
1. Inducement of minors to the use of doping drugs
shall be punishable by a fine of up to fifty tax-free minimum incomes or deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action, if repeated, or committed by a parent, step parent, foster parent or guardian, or any person imposed by a duty of upbringing or taking care of a minor, his/her coacher, or by a person who had previously committed any of the criminal offences created by Articles 314, 315, 317 or 324 hereof
shall be punishable by restriction of liberty for a term of up to two years, or imprisonment for the same term.
3. Any such actions provided for by parts 1 or 2 of this Article, if committed against two or more persons, or if they have caused damage to health of the victim
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
4. Any such actions as provided for by parts 1, 2 or 3 of this Article, where they have caused grave damage to the health of the victim or any other grave circumstances
shall be punishable by imprisonment for a term of three to eight years.
Note. Doping drugs shall be deemed means and substances listed as prohibited by the Olympic Movement Anti-Doping Code.
{Article 323 as amended by Law No. 616-VI of 01 October 2008}
Article 324. Inducement of minors to the use of intoxicating substances
Inducement of minors to the use of intoxicating substances, other than narcotic drugs, psychotropic substances or their analogues
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
Article 325. Violation of rules related to combating contagious diseases and mass poisonings
Violations of rules and regulations related to the prevention of and combating epidemic and other contagious diseases, as well as mass non-infectious diseases (poisoning) where these actions caused or could knowingly cause a spread of these diseases
shall be punishable by a fine of one thousand to three thousand of tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for up to three 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 five to eight years.
{Article 325 as revised by Laws No. 1125-VI of 17 March 2009. As for amendments to the Article 325, also refer to the Law No. 2617-VIII of 22 November 2018. As revised by Law No. 530-IX of 17 March 2020 , effective within three months from the date of promulgation of the Law, as amended by Law No. 540-IX of 30 March 2020}
Article 326. 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 their handling, where it posed a threat of death of people or any other grave consequences, or caused any harm to the victim's health
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action, where it caused death of people or resulted in any other grave consequences
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
{Article 326 as amended by Law No. 2617-VIII of 22 November 2018}
Article 327. Procurement, processing or sale of foodstuffs or other products contaminated by radiation
1. Procurement, processing for selling purposes, or sale of foodstuffs 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 of two thousand to five thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Procurement, processing for the purposes of sale, or sale of foodstuffs 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.
{Article 327 as amended by Law No. 2617-VIII of 22 November 2018}
Section XIV
CRIMINAL OFFENCES RELATED TO THE PROTECTION OF STATE SECRETS, INVIOLABILITY OF STATE BORDERS, CONSCRIPTION AND MOBILISATION
{Title of Section XIV as amended by Law No. 2617-VIII of 22 November 2018}
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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same action, where it 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 of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same action, where it caused any grave consequences
shall be punishable by imprisonment for a term of two to five years.
Article 330. Transmission or collection of information constituting official information obtained in the course of criminal intelligence or counter-intelligence activities in the area of national defence
1. Transmission or collection for the purpose of transmission to foreign enterprises, institutions, organisations or their representatives of information constituting official information obtained in the course of criminal intelligence or counter-intelligence activities in the area of national defence, by a person to whom this information was entrusted or became known in connection with the performance of official duties, in the absence of elements of high treason or espionage
shall be punishable by restriction of liberty for a term of 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 of up to three years.
2. The same actions committed for mercenary motives, or those which have caused grave consequences for the interests of the state, or if committed repeatedly, or by a group of people upon their prior conspiracy
shall be punishable by imprisonment for a term of four to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 330 as amended by Laws No. 2939-VI of 13 January 2011, No. 1170-VII of 27 March 2014}
{Article 331 has been deleted under Law No. 1723-IV of 18 May 2004}
Article 332. Illegal movement of persons across the state border of Ukraine
1. Illegal movement of persons across the state border of Ukraine, organisation of illegal transportation of persons across the state border of Ukraine, management of such actions or assistance in their commission by advice, instructions, provision of means or elimination of obstacles
shall be punishable by imprisonment for a term of three to five years.
2. The same actions committed in a manner dangerous to life or health of a person who was illegally transported across the state border of Ukraine, or committed in respect of several persons, or repeatedly, or by a group of persons upon their prior conspiracy or by an official through abuse of office
shall be punishable by imprisonment for a term of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group or for mercenary reasons
shall be punishable by imprisonment for a term of seven to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
{Article 332 as revised by Law No. 3186-VI of 05 April 2011; as amended by Law No. 1019-VIII of 18 February 2016}
Article 332-1. Violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine
1. Violation of the procedure for entering and leaving the temporarily occupied territory of Ukraine for the purpose of endamagement of the interests of the state
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions committed repeatedly or by a group of persons upon their prior agreement, or by an official through abuse of power
shall be punishable by imprisonment for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. The actions provided for by part 1 or 2 of this Article, where committed by an organised group
shall be punishable by imprisonment for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{The Code has been supplemented with Article 332-1 under Law No. 1207-VII of 15 April 2014; as amended by Law No. 1019-VIII of 18 February 2016}
Article 332-2. Illegal crossing of the state border of Ukraine
1. Crossing the state border of Ukraine aimed at endamagement of the interests of the state or by a person who is prohibited from entering the territory of Ukraine, or representatives of units of the armed forces or other law enforcement agencies of the aggressor state in any way outside checkpoints across the state border of Ukraine or in checkpoints across the state border of Ukraine without appropriate documents, or with documents containing falce information
shall be punishable by imprisonment for up to three years.
2. The same actions, where committed repeatedly or by a group of people
shall be punishable by imprisonment for a term of three to five years.
3. Any such actions as provided for by parts 1 or 2 of this Article, accompanied with violence or use of weapons
shall be punishable by imprisonment for a term of five to eight years.
{The Code has been supplemented with Article 332-2 under the Law No. 2599-VIII of 18 October 2018}
Article 333. Violation of procedure of international transfers of goods subject to state export control
1. Violation of established order of international transfers of goods subject to state export control
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to three years, or imprisonment for the same term, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action committed repeatedly or by an organised group
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
{Article 333 as revised by Law No. 668-IV of 03 April 2003; as amended by Law No. 2617-VIII of 22 November 2018}
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 specified in such permit
shall be punishable by a fine of two hundred to one thousand tax-free minimum incomes, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Article 334 as amended by Law No. 1019-VIII of 18 February 2016}
Article 335. Evasion from conscription for military service, military service for conscription of officers
Evasion from conscription for military service, military service for conscription of officers
shall be punishable by restriction of liberty for up to three years.
{Article 335 as revised by Law No. 116-VIII of 15 January 2015}
Article 336. Evasion from conscription during mobilisation, for a special period, for military service for conscripts from among reservists in a special period
Evasion from conscription during mobilisation, for a special period, for military service for conscription from reservists in a special period
shall be punishable by imprisonment for a term of three to five years.
{Article 336 as revised by Law No. 1357-IX of 30 March 2021}
Article 336-1. Evasion of civil defence service during a special period or in the event of targeted mobilisation
Evasion from the civil defence service in a special period (except for the reconstruction period) or in the event of targeted mobilisation
shall be punishable by imprisonment for a term of two to five years.
{The Code has been supplemented with Article 336-1 under Law No. 186-VIII of 12 February 2015}
Article 337. Evasion from military registration or special (training) session
1. Evasion of a conscript, reservist from military registration after a warning made by the respective head of the territorial centre of recruitment and social support, heads of respective bodies of the Security Service of Ukraine, respective units of the Foreign Intelligence Service of Ukraine
shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes or correctional labour for a term of up to one year.
2. Evasion of a conscript, reservist from training (special) session
shall be punishable by a fine of five hundred to seven hundred tax-free minimum incomes or correctional labour for a term of up to two years.
{Article 337 as revised by Law No. 1357-IX of 30 March 2021}
Section XV
CRIMINAL OFFENCES AGAINST THE AUTHORITY OF GOVERNMENT, LOCAL GOVERNMENT OR ASSOCIATIONS OF CITIZENS AND CRIMINAL OFFENCES AGAINST JOURNALISTS
{Title of Section XV as amended by Laws No. 421-VIII of 14 May 2015, No. 2617-VIII of 22 November 2018}
Article 338. Outrage against state symbols
1. Public outrage against the National Flag of Ukraine, the National Emblem of Ukraine or the National Anthem of Ukraine
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or arrest for a term of up to six months or imprisonment for a term of up to three years.
2. Public outrage against an officially installed or raised flag or coat of arms of a foreign state
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
{Article 338 as amended by Laws No. 1441-VI of 04 June 2009, No. 2617-VIII of 22 November 2018}
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 of up to fifty tax-free minimum incomes or arrest for a term of up to six months.
Article 340. Illegal interference with the organisation or holding of assemblies, rallies, marches and demonstrations
Illegal interference with the organisation 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 labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years, or imprisonment for the same term.
Article 341. Capturing of state or public buildings or structures
Capturing of buildings or structures of government authorities, local governments, and associations of citizens, for the purpose of unlawful use of these buildings or structures, or interference with normal operations of enterprises, institutions or organisations
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
{Part 2 of Article 341 has been deleted under Law No. 767-VII of 23 February 2014}
{Article 341 as amended by Law No. 642-VII of 10 October 2013, as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
Article 342. Resistance to a representative of the authorities, a law enforcement officer, a state executor, a private executor, a member of a public association for the protection of public order and the state border or a serviceman, an authorised person of the Deposit Guarantee Fund
1. Resistance to a representative of the authorities, other than a state executor, a private executor, during the performance of his/her official duties
shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Resistance to a law enforcement officer during the performance of his/her official duties, a state executor or a private executor during the enforcement of decisions, a member of a public association for the protection of public order and the state border or a serviceman during the performance of their duties on the protection of public order or an authorised person of the Deposit Guarantee Fund
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or arrest for a term of three to six months, or restriction of liberty for a term of up to four years, or imprisonment for a term of up to two years.
3. Actions provided for by parts 1 or 2 of this Article accompanied with the coercion of those persons by violence or the threat of such violence to commit manifestly illegal acts
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of two to five years.
{Article 342 as revised by Law No. 2677-VI of 04 November 2010; as amended by Laws No. 4452-VI of 23 February 2012, No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 1403-VIII of 02 June 2016, No. 2617-VIII of 22 November 2018}
Article 343. Interference in the activities of a law enforcement officer, forensic expert, employee of the state executive service, private executor
1. Influence in any form on a law enforcement officer, forensic expert, employee of the state executive service or private executor, as well as a close relative of the state executor or private executor in order to prevent him/her from performing official duties, conducting forensic activities or to make an illegal decision
shall be punishable by a fine of up to one hundred tax-free minimum incomes, or correctional labour for a term of up to one year, or arrest for a term of up to three months.
2. The same actions, where they hindered the prevention of a criminal offence or the detention of a person who committed it, or committed by an official through abuse of power
shall be punishable by deprivation of the right to hold certain positions or engage in certain activities for up to five years or arrest for up to six months, or restriction of liberty for up to four years.
{Article 343 as amended by Laws No. 2677-VI of 04 November 2010, No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 1403-VIII of 02 June 2016, No. 2447-VIII of 07 June 2018, No. 2617-VIII of 22 November 2018}
Article 344. Interference with activity of a statesman
1. Any illegal influence on the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Member of Parliament of Ukraine, the Prime Minister of Ukraine, a member of the Cabinet of Ministers of Ukraine, Chairman of the Constitutional Court of Ukraine, a judge of the Constitutional Court of Ukraine, Chairman or a member of the High Council of Justice, Chairman or a member of the High Qualification Commission of Judges of Ukraine, Ukrainian Parliament Commissioner for Human Rights or his/her representative, Director of the National Anti-Corruption Bureau of Ukraine, Chairman of the Accounting Chamber or other member of the Accounting Chamber, Chairman or a member of the Central Election Commission, Chairman of the National Bank of Ukraine, member of the National Council of Ukraine on Television and Radio Broadcasting, Chairman of the Antimonopoly Committee of Ukraine, Chairman of the State Property Fund of Ukraine, Chairman of the State Committee for Television and Radio Broadcasting of Ukraine, member of the National Commission for State Regulation of Energy and Public Utilities in order to prevent them from performing their official duties or to obtain illegal decisions
shall be punishable by a fine of two hundred to three hundred tax-free minimum incomes, or arrest for a term of three to six months, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
2. The same actions, where committed by a person through abuse of office
shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes, or restriction of liberty for a term of up to three years, of 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 of up to three years.
{Article 344 as amended by Laws No. 270-VI of 15 April 2008, No. 1698-VII of 14 October 2014, No. 576-VIII of 02 July 2015, No. 1540-VIII of 22 September 2016, No. 1798-VIII of 21 December 2016, No. 2136-VIII of 13 July 2017}
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/her close relatives in connection with his/her official duties
shall be punishable by correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. Intended battery of, or infliction of minor bodily injury or bodily injury of medium gravity on a law enforcement officer or his/her close relatives, in connection with his/her official duties
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Intended infliction of grievous bodily injury on a law enforcement officer or his/her 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 part 1, 2 or 3 of this Article, where committed by an organised group
shall be punishable by imprisonment for a term of seven to fourteen years.
{Article 345 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
Article 345-1. Threat or violence against a journalist
1. Threat of murder, violence or destruction or damage to property of a journalist, his/her close relatives or family members in connection with the implementation of this journalist's lawful professional activity
shall be punishable by correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for up to three years.
2. Intended infliction of battery, minor bodily injury or bodily injury of medium gravity on a journalist, his/her close relatives or family members in connection with the performance of lawful professional activity by this journalist
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. Intended infliction of grievous bodily harm on a journalist, his/her close relatives or family members in connection with the implementation of this journalist's lawful professional activity
shall be punishable by imprisonment for a term of five to twelve years.
4. Any such actions as provided for by part 1, 2 or 3 of this Article, where committed by an organised group
shall be punishable by imprisonment for a term of seven to fourteen years.
Note. Under this Article and Articles 171, 347-1, 348-1 hereof, professional activity of a journalist shall mean systematic activity of a person related to the collection, receipt, creation, distribution, storage or other use of information for the purpose of its distribution among an indefinite circle of persons through print media, television and radio organisations, news agencies, the Internet. The status of a journalist or his/her affiliation with a mass medium shall be confirmed by an editorial or service certificate or other document issued by a mass medium, its editorial office or a professional or creative union of journalists.
{The Code has been supplemented with Article 345-1 under Law No. 421-VIII of 14 May 2015}
Article 346. Threats or violence against a statesman or a public figure
1. Threats of murder, impairment of health, destruction or impairment of property, abduction or confinement made in respect of the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Member of Parliament of Ukraine, Prime Minister of Ukraine, member of the Cabinet of Ministers of Ukraine, Chairman or member of the High Council of Justice, Chairman or member of the High Qualification Commission of Judges of Ukraine, Chairman or judge of the Constitutional Court of Ukraine or higher specialised courts of Ukraine, Prosecutor General, Director of the National Anti-Corruption Bureau of Ukraine, Ukrainian Parliament Commissioner for Human Rights, Chairman or other member of the Accounting Chamber, Chairman of the National Bank of Ukraine, head of a political party of Ukraine, as well as in relation to their close relatives, committed in connection with their government or public activities
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. Intended infliction of minor bodily injury or bodily injury of medium gravity, battery, or any other violent actions committed in respect of the persons specified in part 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 in respect of persons listed in Part 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 346 as amended by Laws No. 270-VI of 15 April 2008, No. 1698-VII of 14 October 2014, No. 576-VIII of 02 July 2015, No. 1798-VIII of 21 December 2016}
Article 347. Intended destruction or damage to the property of a law enforcement officer, an employee of a state executive service body or a private executor
1. Intended destruction or damage of property belonging to a law enforcement officer, an employee of the state executive service, a private executor (including after dismissal) or their close relatives, in connection with the performance of official duties by a law enforcement officer or enforcement of decisions by a state executor or a private executor (including in the past)
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years.
2. The same actions committed by means of arson, explosion or other globally harmful means, or which have resulted in the death of people or any other grave consequences
shall be punishable by imprisonment for a term of six to fifteen years.
{Article 347 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 1403-VIII of 02 February 2016, No. 2617-VIII of 22 November 2018}
Article 347-1. Intended destruction or damage to a journalist's property
1. Intended destruction or damage to property belonging to a journalist, his/her close relatives or family members, connected with the implementation of this journalist's lawful professional activity
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to five years.
2. The same actions committed by means of arson, explosion or other globally harmful means, or which have resulted in the death of people or any other grave consequences
shall be punishable by imprisonment for a term of six to fifteen years.
{The Code has been supplemented with Article 347-1 under Law No. 421-VIII of 14 May 2015; as amended by Law No. 2617-VIII of 22 November 2018}
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 connected with his/her official duties, and also of a member of a public association for the protection of public order, or a military servant connected 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 348 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
Article 348-1. Trespass against life of a journalist
Murder or attempted murder of a journalist, his/her close relatives or family members connected with the lawful professional activity of this journalist
shall be punishable by imprisonment for a term of nine to fifteen years or life imprisonment.
{The Code has been supplemented with Article 348-1 under Law No. 421-VIII of 14 May 2015}
Article 349. Hostage taking of a representative of government authorities or a law enforcement officer
Taking or holding a representative of government authorities, or a law enforcement officer, or their close relatives as hostages for the purpose of inducing a state or any other institution, enterprise or organisation, 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 349 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
Article 349-1. Taking hostage a journalist
Taking or holding a journalist, his/her close relatives or family members as hostages in order to induce that journalist to take or refrain from taking any action as a condition of the release of the hostage
shall be punishable by imprisonment for a term of eight to fifteen years.
{The Code has been supplemented with Article 349-1 under Law No. 421-VIII of 14 May 2015}
Article 350. Threats or violence against an official or a citizen who performs his/her public duty
1. Threats of murder, grievous bodily injury or destruction or impairment of property by a globally harmful method, made in respect of an official or his/her 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 for the benefit of the person who makes such threats
shall be punishable by arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Intended battery or infliction of minor bodily injury or bodily injury of medium gravity on an official or a citizen who perform his/her public duty connected with official or public activities, and also any such actions committed in respect of their close ones
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
2. Intended infliction of grievous bodily injury on an official or a citizen who performs his/her public duty connected with official or public activities, and also any such actions committed in respect of their close ones
shall be punishable by imprisonment for a term of five to twelve years.
{Article 350 as amended by Law No. 2617-VIII of 22 November 2018}
Article 351. Interference with activity of a Member of Parliament of Ukraine or a councillor of a local council
1. Failure of an official to comply with lawful requirements of a Member of Parliament of Ukraine or a councillor of a local council, creating any artificial obstacles to their activities, or providing knowingly false information to them
shall be punishable by a fine of one thousand to two thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. Failure of an official to comply with lawful requirements of Committees of the Verkhovna Rada of Ukraine or ad-hoc investigation commissions of the Verkhovna Rada of Ukraine, or special ad-hoc investigation commission of the Verkhovna Rada of Ukraine, creating any artificial obstacles to their activities, or providing false information
shall be punishable by a fine of two thousand to three thousand tax-free minimum incomes or restriction of liberty for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 351 as amended by Laws No. 39-IX of 10 September 2019, No. 685-IX of 05 June 2020; /amendments adopted under the Law of Ukraine No. 2617-VIII of 22 November 2018 are impossible to introduce (words have been replaced under Law No. 685-IX of 05 June 2020)-/}
Article 351-1. Obstruction of the activities of the Accounting Chamber, a member of the Accounting Chamber
1. Failure of an official to comply with the lawful requirements of the Accounting Chamber, a member of the Accounting Chamber, creating artificial obstacles in their work, providing them with knowingly false information
shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{The Code has been supplemented with Article 351-1 under Law No. 576-VIII of 02 July 2015}
Article 351-2. Obstruction of the activity of the High Council of Justice, the High Qualification Commission of Judges of Ukraine
1. Failure to comply with the lawful requirements of the High Council of Justice, its body or a member of the High Council of Justice, the High Qualification Commission of Judges of Ukraine or a member of the High Qualification Commission of Judges of Ukraine, the creation of artificial obstacles in their work
shall be punishable by a fine of one hundred to one thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{The Code has been supplemented with Article 351-2 under Law No. 1798-VIII of 21 December 2016}
Article 352. Intended destruction or impairment of property owned by an official or a citizen who performs his/her public duty
1. Intended destruction or impairment of property owned by an official or a citizen who performs 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 fifty to two hundred tax-free minimum incomes, or arrest for a term of up to six months, or imprisonment for a term of up to four years.
2. The same actions as provided for by part 1 of this Article, if committed by arson, explosion or other globally harmful means, or which have resulted in death of people or other grave consequences
shall be punishable by imprisonment for a term of five to twelve years.
Article 353. Unauthorised assuming of an office or official title
Unauthorised assuming of an office or official title accompanied with any socially dangerous acts
shall be punishable by a fine of up to one hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same action related to the use of uniforms or an identity card of a law enforcement officer
shall be punishable by restriction of liberty for a term of up to four years, or imprisonment for a term of up to three years.
{Article 353 as amended by Laws No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011}
Article 354. Bribery of an employee of an enterprise, institution or organisation
1. Proposal or promise to an employee of an enterprise, institution or organisation, who is not an official, or a person working for the benefit of the enterprise, institution or organisation, to provide him (her) or a third party with improper advantage, as well as providing such advantage for committing or failure to commit any action through abuse of office by an employee, or a person working for the benefit of the enterprise, institution or organisation, in favour of the person offering, promising or providing such advantage, or in favour of a third party
shall be punishable by a fine of one hundred to two hundred and fifty tax-free minimum incomes, or community service for up to one hundred hours, or correctional labour for up to one year, or restriction of liberty for up to two years, or imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by a fine of two hundred and fifty to five hundred tax-free minimum incomes, or community service for a term of one hundred to two hundred hours, or correctional labour for a term of up to two years, or restriction of liberty for up to three years, or imprisonment for the same term.
3. Acceptance of an offer, promise or receipt by an employee of an enterprise, institution or organisation, which is not an official, or a person working for the benefit of the enterprise, institution or organisation, of improper advantage, as well as a request to provide such advantage for himself/herself or a third party by committing or failing to commit any action through abuse of position held by the employee at the enterprise, institution or organisation, or in connection with the activities of a person performed for the benefit of the enterprise, institution or organisation, in favour of the person who offers or provides this advantage, or in favour of a third party
shall be punishable by a fine of two hundred and fifty to five hundred tax-free minimum incomes, or community service for a term of one hundred to two hundred hours, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
4. The actions provided for by part 3 of this Article, where committed repeatedly or by a group of people upon their prior conspiracy or accompanied with the extortion of improper advantage
shall be punishable by a fine of five hundred to seven hundred and fifty tax-free minimum incomes, or community service for a term of one hundred and sixty to two hundred and forty hours, or restriction of liberty for up to three years, or imprisonment for the same term.
5. A person who has proposed, promised or provided an improper advantage shall be released from criminal liability for crimes provided for by Articles 354, 368-3, 368-4, 369, 369-2 hereof, if, after a proposal, promise or providing improper advantage, he/she, before receiving information from other sources about this crime by a body whose official is entitled by law to report a suspicion, voluntarily stated what happened to such a body and actively contributed to the detection of the crime, committed by a person who has received an improper advantage or accepted his/her offer or promise. This release shall not apply if the offer, promise or providing improper advantage was made in respect of the persons specified in part 4 of Article 18 hereof.
Note. 1. A person who works for the benefit of an enterprise, institution, or organisation shall be deemed a person who performs work or provides a service in accordance with the contract signed with such enterprise, institution, or organisation.
2. Under this Article, improper advantage shall mean money or other property, benefits, privileges, services, intangible assets, any other intangible or non-monetary benefits that are offered, promised, provided or received other than for cause.
3. Under Articles 354, 368, 368-3 –370, a proposal shall mean the statement to an employee of the enterprise, institution or organisation, a person providing public services, or an official of the intention to provide improper advantage; a promise shall mean the statement of such intention with notification of time, place, and method of providing improper advantage.
4. Under Articles 354, 368, 368-3, 368-4 and 369 hereof, a repeated criminal offence shall mean an offence committed by a person who has previously committed any of the offences provided for by these Articles.
5. Under Articles 354, 368, 368-3 and 368-4 hereof, extortion of improper advantage shall mean a requirement to provide improper advantage with the threat of committing acts or omissions using one's position, powers, authority, official position in relation to the person providing improper advantage, or intentionally creating conditions under which the person shall be forced to provide improper advantage in order to prevent harmful consequences for his/her rights and legitimate interests.
{Article 354 as revised by Laws No. 221-VII of 18 April 2013, No. 1261-VII of 13 May 2014; No. 198-VIII of 12 February 2015, No. 770-VIII of 10 November 2015}
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 labour for a term of up to two years or arrest for a term of up to six months, or restriction of liberty for a term of 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 for a term of three to five years.
3. Compulsion to meet or neglect any civil obligations, if committed by an organised group, or accompanied with violence dangerous to life and health, or where it caused any heavy damage or any other grave consequences
shall be punishable by imprisonment for a term of four to eight years.
Article 356. Unauthorised action
Unauthorised 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 organisation, and where such acts caused any substantial damage to the interests of a citizen, state and public interests, or interests of the owner
shall be punishable by a fine of up to fifty tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of 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 thereof
1. Stealing, appropriation, or extortion of official documents, stamps and seals, or acquiring them by fraud or abuse of office, or wilful destruction, endamagement or concealment thereof, and also any such actions committed in respect of private documents at enterprises, institutions or organisations of any type of ownership, and committed for mercenary motives or for any other personal benefit
shall be punishable by a fine of up to fifty tax-free minimum incomes or restriction of liberty for up to three years.
2. The same actions that disrupted the work of an enterprise, institution or organisation, or where committed with regard to especially important documents, stamps or seals
shall be punishable by a fine of up to seventy tax-free minimum incomes, or restriction of liberty for 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 of up to fifty tax-free minimum incomes, or arrest for a term of up to three months, or restriction of liberty for a term of up to three years.
Article 358. Forgery of documents, stamps, seals or letterheads, and sale or use of forged documents, stamps and seals
1. Forgery of a certificate or other official document issued or certified by an enterprise, institution, organisation, individual entrepreneur, notary, state registrar, entity of the state registration of rights, a person authorised to perform state functions for registration of legal entities, individual entrepreneurs and public associations, a state executor, a private executor, an auditor or another person who is entitled to issue or certify such documents, and who grants rights or releases from obligations, for the purpose of its use by a forger or another person or the sale of such a document, as well as the production of counterfeit seals, stamps or letterheads of enterprises, institutions or organisations regardless of the type of ownership, other official seals, stamps or letterheads for the same purpose or their sale
shall be punishable by a fine of up to one thousand tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
2. Drawing up or issuance by an employee of a legal entity regardless of the type of ownership, which is not an official, drawing up or issuance by a private entrepreneur, auditor, expert, appraiser, lawyer, notary, state registrar, entity of state registration of rights, a person authorised to perform state functions on registration of legal entities, individual entrepreneurs and public associations, state executor, private executor or other person conducting professional activity related to the provision of public or administrative services, knowingly forged official documents, which certify certain facts that have legal significance or provide certain rights or release from duties, forgery for the purpose of use or sale of certificates, other official documents drawn up according to the law and containing statutory details, production of forged official seals, stamps or letterheads for the purpose of their sale or the sale of knowingly forged official documents, including personal documents
shall be punishable by a fine of up to two hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, if repeated or committed by a group of person upon their prior conspiracy
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
3. The use of a knowingly forged document
shall be punishable by a fine of up to fifty tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
Note. Under this Article and Articles 357 and 366 hereof, an official document shall mean documents that contain information recorded on any material media that confirms or certifies certain events, phenomena or facts that have caused or are capable of causing legal consequences, or can be used as documents constituting evidence in law enforcement activities, drawn up, issued or certified by authorised (competent) persons of government authorities, local governments, associations of citizens, legal entities, regardless of the type of ownership and organisational and legal form, as well as individual citizens, including self-employed persons, who by law are entitled in connection with their professional or official activities to draw up, issue or certify certain types of documents compiled in accordance with statutory forms and containing statutory details.
{Article 358 as amended by Law No. 1508-VI of 11 June 2009 – the amendments have ceased to be in force under Law No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Law No. 1666-VIII of 06 October 2016}
Article 359. Illegal acquisition, sale or use of special technology for obtaining of information
1. Illegal acquisition, sale or use of special technology for secret obtaining of information
shall be punishable by a fine of two hundred to one thousand tax-free minimum incomes, or restriction of liberty for a term of up to four years, or imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy
shall be punishable by imprisonment for a term of four to seven years.
3. Actions provided for by part 1 or 2 of this Article, if committed by an organised group or where they have caused substantial damage to the legally protected rights, freedoms or interests of individual citizens, state or public interests or interests of individual legal entities
shall be punishable by imprisonment for a term of seven to ten years.
{Article 359 as revised by Law No. 2338-VI of 15 June 2010}
Article 360. Intended endamagement or destruction of communication lines
1. Intended endamagement or destruction of the telecommunication network or telecommunication technical means, or telecommunication structures, which are part of the telecommunication network, where such actions resulted in termination of the provision of telecommunication services
shall be punishable by a fine of one thousand to three thousand tax-free minimum incomes, or by community service for a term of up to one hundred and twenty hours, or by restriction of liberty for a term of one to three years.
2. The same actions, where committed repeatedly or by a group of persons upon their prior conspiracy or by globally harmful means
shall be punishable by a fine of three thousand to ten thousand tax-free minimum incomes or imprisonment for a term of three to five years.
3. Any such actions as provided for by parts 1 or 2 of this Article, where they have caused heavy property damage or resulted in any other grave consequences
shall be punishable by a fine of fifteen thousand to twenty-five thousand tax-free minimum incomes or imprisonment for a term of six to eight years.
1. Under this Article, property damage shall be deemed heavy, if its amount equals or exceeds one thousand tax-free minimum incomes.
2. Under this Article, grave consequences shall be deemed actions that have resulted in the termination of the provision of telecommunications services to critically important infrastructure facilities.
{Article 360 as revised by Law No. 600-IX of 13 May 2020}
Section XVI
CRIMINAL OFFENCES RELATED TO THE USE OF ELECTRONIC COMPUTING MACHINES (COMPUTERS), SYSTEMS AND COMPUTER NETWORKS AND TELECOMMUNICATION NETWORKS
{Title of Section XVI as amended by Laws No. 908-IV of 05 June 2003, No. 2617-VIII of 22 November 2018}
Article 361. 1. Unauthorised interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks
1. Unauthorised interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks, which resulted in leakage, loss, forgery, blocking of information, distortion of the information processing or violation of the established order of its routing
shall be punishable by a fine of six hundred to one thousand tax-free minimum incomes or restriction of liberty for a term of two to five years, or imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for up to two years.
2. The same actions, where committed repeatedly or by a group of people upon their prior conspiracy, or where they have caused substantial damage
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. Under Article 361–363-1, substantial damage shall mean pecuniary damage that equals or exceeds one hundred tax-free minimum incomes.
{Article 361 as revised by Laws No. 908-IV of 05 June 2003, No. 2289-IV of 23 December 2004; as amended by Law No. 770-VIII of 10 November 2015}
Article 361-1. Creation for the purpose of use, distribution and sale of harmful software or hardware, as well as their distribution and sale.
1. Creation for the purpose of use, distribution and sale, as well as distribution and sale of harmful software or hardware, aimed at unauthorised interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or imprisonment for the same term.
2. The same actions, where committed repeatedly or by a group of people upon their prior conspiracy, or where they have caused substantial damage
shall be punishable by imprisonment for up to five years.
{The Code has been supplemented with Article 361-1 under Law No. 2289-IV of 23 December 2004; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
Article 361-2. Unauthorised sale or distribution of information with restricted access, which is stored in the electronic computing machines (computers), automated systems, computer networks or information-carrying media
1. Unauthorised sale or distribution of information with restricted access, which is stored in the electronic computing machines (computers), automated systems, computer networks or information-carrying media created and protected in accordance with current legislation
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or imprisonment for a term of up to two years.
2. The same actions, where committed repeatedly or by a group of people upon their prior conspiracy, or where they have caused substantial damage
shall be punishable by imprisonment for a term of two to five years.
{The Code has been supplemented with Article 361-2 under Law No. 2289-IV of 23 December 2004; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
{Article 361-3 has been deleted under Law No. 767-VII of 23 February 2014}
{Article 361-4 has been deleted under Law No. 767-VII of 23 February 2014}
Article 362. Unauthorised actions with information, which is processed in the electronic computing machines (computers), automated systems, computer networks or saved on the information-carrying media, committed by a person entitled to access to such information.
1. Unauthorised alteration, erasure or blocking of information, which is processed in the electronic computing machines (computers), automated systems, computer networks or stored on the information-carrying media, committed by a person entitled to access to such information
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or imprisonment for a term of up to two years.
2. Unauthorised interception or copying of information, which is processed in the electronic computing machines (computers), automated systems, computer networks or stored on the information-carrying media if it resulted in its leakage, committed by a person entitled to access to such information
shall be punishable by imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for the same term.
3. Any such actions as provided for by part 1 or 2 of this Article, if repeated or committed by a group of persons upon their prior conspiracy, or where they have caused substantial damage
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 362 as revised by Law No. 2289-IV of 23 December 2004; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
{Article 362-1 has been deleted under Law No. 767-VII of 23 February 2014}
Article 363. Violation of operating rules of electronic computing machines (computers), automated systems, computer networks or telecommunications networks and the order or rules protection of information that is processed there through.
Violation of operation of electronic computing machines (computers), automated systems, computer networks or telecommunications networks and the order or rules protection of information which is processed there through, if it caused a substantial damage, committed by a person in charge of their operation
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or restriction of liberty for up to three years with deprivation of the right to hold certain positions or engage in certain activities for the same period.
{Article 363 as revised by Law No. 2289-IV of 23 December 2004; as amended by Law No. 2617-VIII of 22 November 2018}
Article 363-1. Impeding the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks by mass distribution of telecommunication messages
1. Intended mass distribution of telecommunication messages, committed without the prior consent of recipients, which resulted in disturbance or interruption of electronic computing machines (computers), automated systems, computer networks or telecommunication networks
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or restriction of liberty for up to three years.
2. The same actions, where committed repeatedly or by a group of persons upon their prior conspiracy, or where they have caused substantial damage
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
{The Code has been supplemented with Article 363-1 under Law No. 2289-IV of 23 December 2004; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
Section XVII
CRIMINAL OFFENCES IN THE AREA OF OFFICIAL AND PROFESSIONAL ACTIVITY RELATED TO THE PROVISION OF PUBLIC SERVICES
{Title of Section XVII as revised by Law No. 3207-VI of 07 April 2011; as amended by Law No. 2617-VIII of 22 November 2018}
Article 364. Abuse of authority or office
1. Abuse of authority or office, that is intended, for the purpose of obtaining any improper advantage for himself/herself or another individual or legal entity by an official's use of authority or office against the interests of the service, where it has caused substantial damage to legally protected rights, freedoms and the interests of individual citizens or state or public interests, or the interests of legal entities
shall be punishable by arrest for up to six months or restriction of liberty for up to three years, or imprisonment for the same term, deprivation of the right to hold certain positions or engage in certain activities for up to three years, with a fine of two hundred and fifty to seven hundred and fifty tax-free minimum incomes.
2. The same action, where it caused any grave consequences
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with a fine of five hundred to one thousand tax-free minimum incomes.
{Part 3 of Article 364 has been deleted under Law No. 746-VII of 21 February 2014}
Note. 1. Under Article 364, 368, 368-5, 369 hereof, officials shall mean persons who permanently, temporarily or by special authority perform the functions of representatives of government authorities or local governments, as well as hold permanently or temporarily positions in government authorities, local governments, state or communal enterprises, institutions or organisations related to performance of organisational and administrative or administrative and economic functions, or perform such functions by special authority, which the person is endowed with a government authority, a local government, a central public administration body with a special status, an authorised body or an authorised person of an enterprise, institution, organisation, court or law.
Under Articles 364, 368, 368-5, 369 hereof, state-owned and communal enterprises shall mean legal entities in the statutory fund of which the state or communal share exceeds 50 per cent respectively or it makes up a value that provides the state or territorial community the right to decisive influence on the economic activity of such enterprise.
2. Officials shall also mean officials of foreign states (persons holding positions in the legislative, executive or judicial body of a foreign state, including jurors, other persons performing state functions for a foreign state, in particular for a state body or state enterprise), as well as foreign arbitrators, persons authorised to resolve civil, commercial or labour disputes in foreign states in an alternative court order, officials of international organisations (employees of an international organisation or any other person authorised by such organisation to act on its behalf), members of international parliamentary assemblies Ukraine is a party to, and judges and officials of international courts.
Under Article 364, 364-1, 365, 365-2, 367, substantial damage shall mean damage that equals or exceeds one hundred tax-free minimum incomes.
4. Under Articles 364–367, grave consequences shall mean consequences that equal or exceed two hundred and fifty tax-free minimum incomes.
{Article 364 as amended by Laws No. 270-VI of 15 April 2008, No. 1508-VI of 11 June 2009 – amendments under Law No. 1508-VI have ceased to be in force under Law No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Laws No. 222-VII of 18 April 2013, No. 746-VII of 21 February 2014, No. 1261-VII of 13 May 2014, No. 770-VIII of 10 November 2015, No. 263-IX of 31 October 2019}
Article 364-1. Abuse of power by an official of a legal entity of private law, regardless of the organisational and legal form
1. Abuse of power, that is intended use in order to obtain improper advantage for themselves or others against the interests of a legal entity of private law, regardless of the legal form of the official of such legal entity of their powers, if it has caused substantial damage to legally protected rights or interests of citizens, or state or public interests, or the interests of legal entities
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or arrest for up to three months, or restriction of liberty for up to two years, with deprivation of the right to hold certain positions or engage in certain activities for up to two years.
2. The same action, where it caused any grave consequences
shall be punishable by a fine of four thousand to six thousand tax-free minimum incomes or arrest for a term of up to six months, or imprisonment for a term of three to six years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Note. Under Articles 364, 364-1, 365-2, 368, 368-3, 368-4, 369, 369-2 та 370 hereof, improper advantage shall mean money or other property, benefits, privileges, services, intangible assets, any other benefits of intangible or non-monetary nature, which are offered, promised, provided or received other than for cause.
{The Code has been supplemented with Article 364-1 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 4025-VI of 15 November 2011, No. 221-VII of 18 April 2013, No. 746-VII of 21 February 2014, No. 1261-VII of 13 May 2014, No. 198-VIII of 12 February 2015, No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
Article 364-2. Performance by a Member of Parliament of Ukraine of voting at the plenary session of the Verkhovna Rada of Ukraine instead of another Member of Parliament of Ukraine
Intended voting by a Member of Parliament of Ukraine at a plenary session of the Verkhovna Rada of Ukraine instead of another Member of Parliament of Ukraine (impersonal voting)
shall be punishable by a fine of three to five thousand tax-free minimum incomes.
{The Code has been supplemented by Article 364-2 under Law No. 404-IX of 19 December 2019}
Article 365. Excess of authority or official powers by a law enforcement officer
1. Excess of authority or official powers, that is a wilful commission of acts by a law enforcement officer, 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 restriction of liberty for a term of up to five years or imprisonment for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
2. The same actions provided for by part 1 of this Article, if they were accompanied by violence or threat of violence, use of weapons or special means or painful and insulting to the personal dignity of the victim, actions in the absence of elements of torture
shall be punishable by imprisonment for a term of three to eight years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of seven to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 365 as amended by Laws No. 270-VI of 15 April 2008, No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Laws No. 3207-VI of 07 April 2011, No. 746-VII of 21 February 2014}
{Article 365-1 has been deleted under Law No. 746-VII of 21 February 2014}
Article 365-2. Abuse of power by persons providing public services
1. Abuse of powers by an auditor, notary, appraiser, authorised person or official of the Deposit Guarantee Fund, another person who is not a civil servant, or a local government official, but conducts professional activities related to the provision of public services, including the services of an expert, arbitration manager, private executor, independent mediator, member of labour arbitration, arbitrator (in the performance of these functions), or state registrar, entity of state registration of rights, state executor, private executor for the purpose of obtaining improper advantage, where it caused substantial damage to the legally protected rights or interests of individual citizens, state or public interests or the interests of legal entities
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or restriction of liberty for up to three years, or imprisonment for the same term, deprivation of the right to hold certain positions or engage in certain activities for up to ten years.
2. The same action committed against a minor or incapable person, an elderly person or committed repeatedly
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of three to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. Any such actions as provided for by part 1 or 2 of this Article, where they caused any grave consequences
shall be punishable by imprisonment for a term of five to eight years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{The Code has been supplemented with Article 365-2 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 4025-VI of 15 November 2011, No. 1261-VII of 13 May 2014, No. 629-VIII of 16 July 2015, No. 770-VIII of 10 November 2015, No. 1403-VIII of 02 June 2016, No. 1666-VIII of 06 October 2016, No. 2617-VIII of 22 November 2018}
Article 365-3. Inaction of a law enforcement officer regarding illegal activities related to the organisation or conduct of gambling and lotteries
1. Inaction of a law enforcement officer in respect of illegal organisation or conduct of gambling, lotteries, that is intended failure for mercenary motives or in other personal interests or in favour of third parties to take statutory measures upon the statement (notification) on commission of illegal activities in organisation or conduct of gambling, lotteries or concealment of illegal activities detected by him/her in the organisation or conduct of gambling or lotteries
shall be punishable by imprisonment for a term of six to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{The Code has been supplemented with Article 365-3 under Law No. 768-IX of 14 July 2020}
Article 366. Forgery in office
1. Drawing up, issue by an official of knowingly false official documents, entering into official documents knowingly false information, other forgery of official documents
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or restriction of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions, where they caused any grave consequences
shall be punishable by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with a fine of two hundred and fifty to seven hundred and fifty tax-free minimum incomes.
{Article 366 as amended by Laws No. 1508-VI of 11 June 2009 – amendments have ceased to be in force under Law No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Laws No. 222-VII of 18 April 2013, No. 1261-VII of 13 May 2014, No. 2617-VIII of 22 November 2018}
{Article 366-1 has been deleted under Law No. 1074-IX of 04 December 2020}
Article 366-2. Declaring false information
1. Intended introduction by a declaration entity of knowingly false information to the declaration of a person authorised to perform the functions of the state or local government, provided for by the Law of Ukraine “On Prevention of Corruption”, where such information differs from reliable data in the amount of 500 to 4000 minimum subsistence levels for employable persons
shall be punishable by a fine of two thousand and five hundred to three thousand tax-free minimum incomes or community service for a term of one hundred and fifty to two hundred and forty hours, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
1. Intended introduction by a declaration entity of knowingly false information to the declaration of a person authorised to perform the functions of the state or local government, provided for by the Law of Ukraine “On Prevention of Corruption”, where such information differs from reliable data in the amount of 4000 minimum subsistence levels for employable persons
shall be punishable by a fine of three thousand to five thousand tax-free minimum incomes or community service for a term of one hundred and fifty to two hundred and forty hours, or restriction of liberty for a term of up to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. Under this Article and Article 366-3 hereof, declaration entities shall mean persons defined in clause 1, subclauses “а” and “c”, clause 2, part 1 of Article 3 of the Law of Ukraine “On Prevention of Corruption”, which are under parts 1 and 2 of Article 45 of the Law of Ukraine “On Prevention of Corruption” shall submit a declaration of a person authorised to perform the functions of the state or local government.
{The Code has been supplemented with Article 366-2 under Law No. 1074-IX of 04 December 2020}
Article 366-3. Failure of a declaration entity to submit the declaration of a person authorised to perform the functions of the state or local government
Intended failure of a declaration entity to submit the declaration of a person authorised to perform the functions of the state or local government, provided for by the Law of Ukraine “On Prevention of Corruption”
shall be punishable by a fine of two thousand and five hundred to three thousand tax-free minimum incomes or community service for a term of one hundred and fifty to two hundred and forty hours, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{The Code has been supplemented with Article 366-3 under Law No. 1074-IX of 04 December 2020}
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 substantial damage to the legally protected rights and interest of individual citizens, state and public interests, or interests of legal entities
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same action, where it caused any grave consequences
shall be punishable by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years and with a fine of two hundred and fifty to seven hundred and fifty tax-free minimum incomes.
{Article 367 as amended by Laws No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Law No. 2617-VIII of 22 November 2018}
Article 368. Accepting an offer, promise or receiving an improper advantage by an official
1. Acceptance of an offer, promise or receipt by an official of an improper advantage, as well as a request to provide such advantage to himself/herself or a third party for an act or omission by such official in favour of the person offering, promising or providing an improper advantage or in favour of a third party through abuse of power or official position
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or arrest for a term of three to six months, or imprisonment for a term of two to four years, deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. An action provided for by part 1 of this Article, the subject of which was an improper advantage in a substantial amount
shall be punishable by imprisonment for a term of three to six years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years.
3. An action provided for by part 1 or 2 of this Article, the subject of which was improper advantage in a large amount or where committed by an official holding a responsible position, or by a group of people upon their prior conspiracy, or repeatedly, or accompanied with extortion of improper advantage
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with forfeiture of property.
4. An action provided for by parts 1, 2 or 3 of this Article, the subject of which was an improper advantage in a particularly large amount, or committed by an official who holds a particularly responsible position
shall be punishable by imprisonment for a term of eight to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with forfeiture of property.
Note. 1. An improper advantage in a substantial amount shall mean an amount that equals or exceeds one hundred tax-free minimum incomes; an improper advantage in a large amount shall mean the amount that equals or exceeds two hundred tax-free minimum incomes; an improper advantage in a particularly large amount shall mean the amount that equals or exceeds five hundred tax-free minimum incomes.
Under Articles 368, 368-5, 369 та 382 hereof, officials holding a responsible position shall mean persons specified in clause 1 of the note to Article 364 hereof, whose positions according to the Article 6 of the Law of Ukraine “On Civil Service” belong to category B, judges, prosecutors, investigators and interrogators, as well as others, in addition to those referred to in clause 3 of the note to this Article, heads and deputy heads of government authorities, local governments, their structural subdivisions and units.
3. Under Articles 368, 368-5, 369 and 382 hereof, officials holding a particularly responsible position shall be as follows:
1) The President of Ukraine, Prime Minister of Ukraine, members of the Cabinet of Ministers of Ukraine, first deputies and deputy ministers, members of the National Council of Ukraine on Television and Radio Broadcasting, the National Commission for State Regulation of Financial Services Markets, the National Commission on Securities and Stock Market, the Antimonopoly Committee of Ukraine, Chairman of the State Committee for Television and Radio Broadcasting of Ukraine, Chairman of the State Property Fund of Ukraine, his first deputy and deputies, members of the Central Election Commission, Members of Parliament of Ukraine, the Ukrainian Parliament Commissioner for Human Rights, Director of the National Anti-Corruption Bureau of Ukraine, Prosecutor General, his first deputy and deputies, Chairman of the Constitutional Court of Ukraine, his deputies and judges of the Constitutional Court of Ukraine, Chairman of the Supreme Court of Ukraine, his first deputy, deputies and judges of the Supreme Court of Ukraine, chairs of higher specialised courts, their deputies and judges of higher specialised courts, Chairman of the National Bank of Ukraine, his first deputy and deputies, Secretary of the National Security and Defence Council of Ukraine, his first deputy and deputies, Permanent Representative of the President of Ukraine to the Autonomous Republic of Crimea, his first deputy and deputies, advisers and assistants to the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine;
2) persons whose positions in accordance with the Article 6 of the Law of Ukraine “On Civil Service” belong to category A;
3) persons whose positions in accordance with the Article 14 of the Law of Ukraine “On Service in Local Governments” belong to the first and second categories of positions in local governments.
{Article 368 as amended by Laws No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Laws No. 3207-VI of 07 April 2011, No. 221-VII of 18 April 2013; as amended by Law No. 222-VII of 18 April 2013; as revised by Law No. 1261-VII of 13 May 2014; as amended by Laws No. 1698-VII of 14 October 2014, No. 770-VIII of 10 November 2015, No. 889-VIII of 10 December 2015, No. 2617-VIII of 22 November 2018, No. 263-IX of 31 October 2019, No. 720-IX of 17 June 2020}
{Article 3681 has ceased to be in force under Law No. 2808-VI of 21 December 2010}
Article 368-2. Unlawful enrichment
{Article 368-2 was recognised as inconsistent with the Constitution of Ukraine (unconstitutional), according to the Decision of the Constitutional Court No. 1-r/2019 of 26 February 2019}
1. Acquisition by a person authorised to perform the functions of the state or local government of assets in a substantial amount, the legality of the grounds for acquisition of which is not confirmed by evidence, as well as the transfer of such assets to any other person
shall be punishable by imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
2. The same actions committed by an official holding a responsible position
shall be punishable by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years and forfeiture of property.
3. The actions provided for by part 1 of this Article, committed by an official who holds a particularly responsible position
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years with forfeiture of property.
Note. 1. The persons authorised to perform the functions of the state or local government shall mean the persons specified in clause 1, part 1 of Article 3 of the Law of Ukraine “On Prevention of Corruption”.
2. Under this Article, assets in a substantial amount shall mean money or other property, as well as income generated from them, if their amount (value) equals or exceeds one thousand tax-free minimum incomes.
3. Under this Article, the transfer of assets shall mean the conclusion of any transactions on the basis of which the right of ownership or right of use of assets arises, as well as the provision of funds or other property to another person for the conclusion of such transactions.
{The Code has been supplemented with Article 368-2 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 221-VII of 18 April 2013, No. 222-VII of 18 April 2013; text of Article 368-2 as revised by Laws No. 1698-VII of 14 October 2014, No. 198-VIII of 12 February 2015; as amended by Law No. 770-VIII of 10 November 2015}
Article 368-3. Bribery of an official of a legal entity of private law, regardless of the organisational and legal form
1. A proposal or promise to an official of a legal entity of private law, regardless of the organisational and legal form, to provide him/her or a third party with an improper advantage, as well as the provision of such advantage or a request to provide it for acts or omission by the said official in favour of a person who offers, promises or provides such advantage, or in favour of a third party
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or by community service for a term of one hundred to two hundred hours, or by restriction of liberty for a term of up to two years, or by imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy, or by an organised group
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to four years, or imprisonment for the same term.
3. Acceptance of an offer, promise or receipt by an official of a legal entity of private law, regardless of the organisational and legal form, of improper advantage for himself/herself or a third party for acts or omissions through abuse of power in favour of a person who offers, promises or provides such advantage, or in favour of a third party
shall be punishable by a fine of two to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to two years.
4. The actions provided for by part 3 of this Article, where committed repeatedly or by a group of people upon their prior conspiracy or accompanied with the extortion of improper advantage
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with forfeiture of property.
{Part 5 of Article 368-3 has been deleted under Law No. 198-VIII of 12 February 2015}
{Note to Article 368-3 has been deleted under Law No. 198-VIII of 12 February 2015}
{The Code has been supplemented with Article 368-3 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 4025-VI of 15 November 2011, No. 221-VII of 18 April 2013; as revised by Law No. 1261-VII of 13 May 2014; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
Article 368-4. Bribery of a person providing public services
1. Proposal or promise to an auditor, notary, appraiser, other person who is not a civil servant, or local government official, but who conducts professional activities related to the provision of public services, including the services of an expert, arbitration manager, private executor, independent mediator, member of labour arbitration, arbitrator (in the performance of these functions), to provide him/her or a third party with an improper advantage, as well as the provision of such advantage or a request to provide it for an act or omission by a person providing public services though abuse of power in favour of a person who offers, promises or provides such advantage in favour of a third party
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or by community service for a term of one hundred to two hundred hours, or by restriction of liberty for a term of up to two years, or by imprisonment for the same term.
2. The same actions, where repeated or committed by a group of persons upon their prior conspiracy, or by an organised group
shall be punishable by a fine of two thousand to five thousand tax-free minimum incomes, or restriction of liberty for up to four years, or imprisonment for the same term.
3. Acceptance of an offer, promise or receipt by an auditor, notary, private executor, expert, appraiser, arbitrator or other person engaged in professional activities related to the provision of public services, as well as an independent mediator or arbitrator in collective labour disputes, of improper advantage for himself/herself or a third party for committing acts or omission though abuse of power in favour of a person who offers, promises or provides such advantage, or in favour of a third party
shall be punishable by a fine of two to four thousand tax-free minimum incomes or correctional labour for a term of one to two years, or arrest for a term of up to six months, or restriction of liberty for a term of two to five years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
4. The actions provided for by part 3 of this Article, where committed repeatedly or by a group of people upon their prior conspiracy or accompanied with the extortion of improper advantage
shall be punishable by imprisonment for a term of four to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, with forfeiture of property.
{Part 5 of Article 368-4 has been deleted under Law No. 198-VIII of 12 February 2015}
{The Code has been supplemented with Article 368-4 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 4025-VI of 15 November 2011, No. 221-VII of 18 April 2013; as revised by Law No. 1261-VII of 13 May 2014; as amended by Laws No. 770-VIII of 10 November 2015, No. 1403-VIII of 02 June 2016, No. 2617-VIII of 22 November 2018}
Article 368-5. Unlawful enrichment
1. Acquisition by a person authorised to perform the functions of the state or local government of assets, the value of which exceeds his/her lawful income by more than six thousand and five hundred tax-free minimum incomes
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. 1. The persons authorised to perform the functions of the state or local government shall mean the persons specified in clause 1, part 1 of Article 3 of the Law of Ukraine “On Prevention of Corruption”.
2. Acquisition of assets shall mean the acquisition of property by a person authorised to perform the functions of the state or local government, as well as the acquisition of assets owned by another individual or legal entity, if it has been proved that such acquisition was made on behalf of a person authorised to perform functions of the state or local government, or that a person authorised to perform the functions of the state or local government may directly or indirectly commit actions in respect of such assets, identical in content to the exercise of the right to dispose of them.
3. Assets shall be deemed money (including cash, funds in bank accounts or in custody in banks or other financial institutions), other property, property rights, intangible assets, including cryptocurrencies, the amount of reduction of financial obligations, as well as works or services provided to a person authorised to perform the functions of the state or local government.
4. Lawful income of a person shall mean income lawfully received by a person from legal sources, in particular defined by clauses 7 and 8, part 1 of the Article 46 of the Law of Ukraine “On Prevention of Corruption”.
5. In determining the difference between the value of acquired assets and lawful income, assets that are the subject of proceedings for recognition of assets as unfounded and their recovery in state revenue, as well as assets collected in state revenue in such proceedings shall not be taken into account.
{The Code has been supplemented with Article 368-5 under Law No. 263-IX of 31 October 2019}
Article 369. Proposal, promise or providing an improper advantage to an official
1. A proposal or promise to an official to provide him/her or a third party with an improper advantage, as well as the provision of such advantage for an act or omission by an official in favour of a person offering, promising or providing such advantage, or in favour of a third party, committed though abuse of power or official position
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of two to four years, or imprisonment for the same term.
2. The actions provided for by part 1 of this Article, where committed repeatedly
shall be punishable by imprisonment for a term of three to six years, and a fine of five hundred to one thousand tax-free minimum incomes, with or without confiscation of property.
3. Actions provided for by part 1 or 2 of this Article, if the improper advantage was provided to an official holding a responsible position, 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 or without forfeiture of property.
4. Actions provided for by part 1, 2 or 3 of this Article, where the improper advantage was provided to an official holding a particularly responsible position or committed by an organised group of people or its member
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
{Part 5 of Article 369 has been deleted under Law No. 198-VIII of 12 February 2015}
{Article 369 as amended by Law No. 1508-VI of 11 June 2009 – amendments have ceased to be in force under Law No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Law No. 4652-VI of 13 April 2012; as revised by Law No. 221-VII of 18 April 2013; as amended by Laws No. 222-VII of 18 April 2013; as revised by Law No. 1261-VII of 13 May 2014; as amended by Laws No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018}
{Article 369-1 has ceased to be in force under Law No. 2808-VI of 21 December 2010}
Article 369-2. Abuse of influence
1. Proposal, promise or provision of improper advantage to a person who offers or promises (agrees) for such advantage or for granting such advantage to a third party to influence the decision-making of a person authorised to perform the functions of the state or local government
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of two to five years, or imprisonment for a term of up to two years.
2. Acceptance of a proposal, promise or receipt of improper advantage for himself/herself or a third party for influencing the decision-making of a person authorised to perform the functions of the state or local government, or offering or promising to exercise influence for granting such advantage
shall be punishable by a fine of two thousand to five thousand and five hundred tax-free minimum incomes or imprisonment for a term of two to five years.
2. Acceptance of a proposal, promise or receipt of improper advantage for himself/herself or a third party for influencing the decision-making of a person authorised to perform the functions of the state or local government, or offering or promising to exercise influence for granting such advantage accompanied with extortion of such advantage
shall be punishable by imprisonment for a term of three to eight years with forfeiture of property.
Note. Persons authorised to perform the functions of state or local government shall mean persons defined in clause 1, subclause “a”, clause 2 of part 1 of Article 3 of the Law of Ukraine “On Prevention of Corruption”, as well as officials defined in part 4 of Article 18 hereof.
{The Code has been supplemented with Article 369-2 under Law No. 3207-VI of 07 April 2011; as amended by Laws No. 221-VII of 18 April 2013, No. 222-VII of 18 April 2013, No. 1261-VII of 13 May 2014, No. 770-VIII of 10 November 2015, No. 2617-VIII of 22 November 2018, No. 524-IX of 04 March 2020}
Article 369-3. Unlawful influence on the results of official sports competitions
1. Influence on the results of official sports competitions by bribing, coercing or inciting or conspiring on the results of official sports competitions in order to obtain improper advantage for himself/herself or a third party or to obtain improper advantage for himself/herself or a third party as a result of such actions
shall be punishable by a fine of two hundred to one thousand tax-free minimum incomes, or restriction of liberty for a term of one to three years, or imprisonment for a term of up to three years.
2. The same actions as provided for by part 1 of this Article, where committed in relation to official sports competitions of minors or committed repeatedly
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
3. Violation of the prohibition of placing bets on sports related to the manipulation of official sports competitions resulting in the improper advantage obtained for himself/herself or third parties in the amount exceeding twenty subsistence minimum levels for employable persons
shall be punishable by a fine of two thousand to four thousand tax-free minimum incomes, or restriction of liberty for a term of two to five years, or imprisonment for the same term.
Note. Under this Article, offenders shall mean persons specified in part 2 of Article 17 of the Law of Ukraine “On Prevention of the Influence of Corruption Offences on the Results of Official Sports Competitions”.
{The Code has been supplemented with the Article 369-3 under Law No. 743-VIII of 03 November 2015; as amended by Laws No. 1019-VIII of 18 February 2016, No. 1791-VIII of 20 December 2016, No. 2617-VIII of 22 November 2018}
Article 370. Provocation of bribery
1. Provocation of bribery, that is the actions of an official to incite a person to offer, promise or provide an improper advantage or accept an offer, promise or receive such an advantage, in order to further expose a person who has offered, promised, provided improper advantage or accepted the offer, promise or received such advantage
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of two to five years, and with a fine of two hundred and fifty to five hundred tax-free minimum incomes.
2. The same action committed by a law enforcement official
shall be punishable by imprisonment for a term of three to seven years and with a fine of five hundred to seven hundred and fifty tax-free minimum incomes.
{Article 370 as amended by Laws No. 1508-VI of 11 June 2009, No. 2808-VI of 21 December 2010; as revised by Law No. 3207-VI of 07 April 2011; as amended by Laws No. 221-VII of 18 April 2013, No. 198-VIII of 12 February 2015}
Section XVIII
CRIMINAL OFFENCES AGAINST JUSTICE
{Title of Section XVIII as amended by Law No. 2617-VIII of 22 November 2018}
Article 371. Knowingly illegal apprehension, taking into custody, house arrest or detention
1. Knowingly illegal apprehension or illegal taking into custody
shall be punishable by deprivation of the right to hold certain positions or engage in certain activities for up to five years or restriction of liberty for up to three years.
2. Knowingly illegal house arrest or detention
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
3. Any such actions as provided for by parts 1 or 2 of this Article, where they caused any grave consequences or were committed for mercenary motives or for other personal benefit
shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 371 as amended by Laws No. 270-VI of 15 April 2008, No. 245-VII of 16 May 2013}
Article 372. Prosecution of a knowingly innocent person
1. Criminal prosecution of a knowingly innocent person by an investigator, prosecutor or any other person authorised by law
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term.
2. The same action accompanied with charges of a grave or special grave offence, 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. Coercion to testify
1. Coercion to testify during interrogation through illegal actions by a prosecutor, investigator, interrogator or employee of a unit conducting criminal intelligence activities
shall be punishable by restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions accompanied with violence or insult with regard to a person without any elements of torture
shall be punishable by imprisonment for a term of three to eight years.
{Article 373 as amended by Laws No. 270-VI of 15 April 2008, No. 245-VII of 16 May 2013, No. 720-IX of 17 June 2020}
Article 374. Violation of the right to defence
1. Failure to provide access to a defence attorney in a timely manner, and also any other gross violation of the right of a suspected or accused to defence, if committed by an investigator, interrogator, prosecutor or judge
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or arrest for a term of up to six months, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions which have resulted in the conviction of an innocent person for the commission of a criminal offence, or committed by a group of people upon their prior conspiracy, or which resulted in any other grave consequences
shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
{Article 374 as amended by Laws No. 4652-VI of 13 April 2012, No. 245-VII of 16 May 2013, No. 2617-VIII of 22 November 2018, No. 720-IX of 17 June 2020}
Article 375. Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)
{Article 375 was recognised as inconsistent with the Constitution of Ukraine (unconstitutional) under the Decision of the Constitutional Court No. 7-r/2020 of 11 June 2020}
1. Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for a term of two to five years.
2. The same actions that caused grave consequences or were committed out of mercenary motives, for other personal benefit or in order to interfere with the lawful professional activity of a journalist
shall be punishable by imprisonment for a term of five to eight years.
{Article 375 as amended by Law No. 421-VIII of 14 May 2015}
Article 376. Interference with activity of judicial authorities
1. Any interference with activity of a judge for the purpose of preventing him/her from performance of his/her official duties or obtaining an unlawful judgment
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months.
2. The same actions, where they hindered the prevention of a criminal offence or the detention of a person who has committed it, or committed by an official through abuse of office
shall be punishable by deprivation of the right to hold certain positions or engage in certain activities for up to five years or arrest for up to six months, or restriction of liberty for up to three years.
{Article 376 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014, No. 2617-VIII of 22 November 2018}
Article 376-1. Unlawful interference with the work of the automated workflow system of court
{Amendments to the title of the Article 376-1 under Law No. 2147-VIII of 03 October 2017 shall be introduced on the effective date of the Unified Judicial Information and Telecommunication System – refer to clause 2 § 2 of Section 4}
1. Willful entering of false data or untimely entering data into the court’s automated workflow system, unauthorised actions with information, contained in the court’s automated workflow system, or other interference with the work of the court’s automated workflow system, committed by an official entitled to access the system, or other person through unauthorised access to the court’s automated workflow system
{Amendments to paragraph 1, part 1 of Article 376-1 under Law No. 2147-VIII of 03 October 2017 shall be introduced on the effective date of the Unified Judicial Information and Telecommunication System – refer to clause 2 § 2 of Section 4}
shall be punishable by a fine of six hundred to one thousand tax-free minimum incomes, or restriction of liberty for a term of two to five years, or imprisonment for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for one to three years.
3. Any such actions as provided for by part 1 of this Article, where committed by a group of persons upon their prior conspiracy
shall be punishable by restriction of liberty for a term of three to five years or imprisonment for a term of three to six years, with deprivation of the right to hold certain positions or engage in certain activities for a term of two to three years.
{The Code has been supplemented with Article 376-1 under Law No. 1475-VI of 05 June 2009}
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 labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. Willful battery or infliction of minor or medium 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 restriction of liberty for a term of up to five years or imprisonment for a term of up to six years.
3. Willful infliction of grievous 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 377 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 of up to six months, or imprisonment for a term of up to five years.
2. The same actions committed by means of arson, explosion or other globally harmful means, or which have resulted in the death of people or any other grave consequences
shall be punishable by imprisonment for a term of six to fifteen years.
{Article 378 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 379 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 up to five years.
{Article 380 as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Law No. 767-VII of 23 February 2014}
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 one hundred to three hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or restriction of liberty for a term of up to three years.
2. The same actions, where they caused the death of a person taken under protection, or resulted in other grave consequences
shall be punishable by arrest for a term of up to six months or by restriction of liberty for a term of up to five years, or by imprisonment for the same term.
{Article 381-1 has been deleted under Law No. 1697-VII of 14 October 2014}
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 five hundred to one thousand tax-free minimum incomes or imprisonment for a term of up to three years.
2. The same actions committed by an official
shall be punishable by a fine of seven hundred and fifty to one thousand tax-free minimum incomes or imprisonment for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The same actions as provided for by part 1 or 2 of this Article committed by an official holding a responsible or especially responsible position, or a person previously convicted of a crime provided for by this Article, or if they have caused substantial damage to the legally protected rights and freedoms of citizens, state or public interest or the interests of legal entities
shall be punishable by imprisonment for a term of three to eight years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
4. Willful failure of an official to comply with a judgment of the European Court of Human Rights, of the Constitutional Court of Ukraine and wilful failure to comply with the opinion of the Constitutional Court of Ukraine
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 of up to three years.
{Article 382 as revised by Law No. 2453-VI of 07 July 2010; as amended by Law No. 721-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; as amended by Laws No. 767-VII of 23 February 2014, No. 2136-VIII of 13 July 2017}
Article 383. Intended misreport of a criminal offence
1. Intended misreport of a criminal offence to a court, prosecutor, investigator, interrogator or inquiring body
shall be punishable by correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for up to two years.
2. The same actions accompanied with the charging a person of a grave or special grave crime or with the artificial creation of the evidence of the charge, as well as committed for mercenary motives
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
{Article 383 as amended by Laws No. 4652-VI of 13 April 2012, No. 2617-VIII of 22 November 2018, No. 720-IX of 17 June 2020}
Article 384. Misleading a court or other authorised body
1. Any knowingly false testimony of a witness, victim, knowingly false opinion of an expert, specialist, drawn up for submission or provided to the body conducting pre-trial investigation, enforcement proceedings, court, High Council of Justice, ad hoc investigation or special ad hoc investigation commission of the Verkhovna Rada of Ukraine, inaccurate or falsified evidence, knowingly false appraiser's report on the valuation of property, as well as knowingly incorrect translation/interpretation made by a translator/interpreter in the same cases
shall be punishable by correctional labour for a term of up to two years or arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
2. The same actions accompanied with the charging a person of a grave or special grave crime or with the artificial creation of the evidence of the charge, as well as committed for mercenary motives
shall be punishable by correctional labour for a term of up to two years, or restriction of liberty for a term of up to five years, or imprisonment for a term of up to five years.
{Article 384 as amended by Laws No. 2456-IV of 03 March 2005, No. 890-VI of 15 January 2009 – the Law was recognised as unconstitutional under the Decision of the Constitutional Court No. 20-rp/2009 of 10 September 2009; as amended by Laws No. 2677-VI of 04 November 2010, No. 245-VII of 16 May 2013, No. 2136-VIII of 13 July 2017, No. 2147-VIII of 03 October 2017, No. 720-IX of 17 June 2020}
Article 385. Refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties
1. Refusal of a witness to testify or refusal of an expert or interpreter/translator without valid reasons to perform their duties in court, the High Council of Justice, the Constitutional Court of Ukraine or during a pre-trial investigation, enforcement proceedings, investigation by an ad hoc investigation commission or special ad hoc investigation commission of the Verkhovna Rada of Ukraine
shall be punishable by a fine of fifty to three hundred tax-free minimum incomes or arrest for a term of up to six months.
2. A person shall not be criminally liable for refusing to testify during the pre-trial investigation or in court against himself/herself, as well as members of his/her family or close relatives, the circle of which shall be determined by law.
{Article 385 as amended by Laws No. 2456-IV of 03 March 2005, No. 890-VI of 15 January 2009 – the Law was recognised as unconstitutional under the Decision of the Constitutional Court No. 20-rp/2009 of 10 September 2009; as amended by Laws No. 4652-VI of 13 April 2012, No. 2136-VIII of 13 July 2017, No. 2147-VIII of 03 October 2017, No. 39-IX of 10 September 2019}
Article 386. Preclusion of appearance of a witness, victim, expert, or specialist, or coercion to refuse to testify or give an opinion
Preclusion of appearance of a witness, victim, expert or specialist before a court, pre-trial investigation authorities, ad-hoc investigation commissions and special ad-hoc investigation commissions of the Verkhovna Rada of Ukraine, or coercion of the above persons to refuse 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 fifty to three hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months.
{Article 386 as amended by Law No. 890-VI of 15 January 2009 – the Law was recognised as unconstitutional under the Decision of the Constitutional Court No. 20-rp/2009 of 10 September 2009; as amended by Laws No. 4652-VI of 13 April 2012, No. 245-VII of 16 May 2013, No. 720-IX of 17 June 2020}
Article 387. Disclosure of data of criminal intelligence activities, pre-trial investigation
1. Disclosure of data of criminal intelligence activities or pre-trial investigation by a person who was warned in the manner prescribed by law of the obligation not to disclose such information without written permission of a prosecutor, investigator or a person who conducted criminal intelligence activities
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes or correctional labour for up to two years.
2. Disclosure of data of criminal intelligence activity, pre-trial investigation made by a judge, prosecutor, investigator, interrogator, officer of a criminal intelligence authority, regardless of whether this person directly participated in criminal intelligence activity or pre-trial investigation
shall be punishable by a fine of one hundred to three hundred tax-free minimum incomes or arrest for up to six months, or restriction of liberty for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The same action as provided for by part 2 of this Article, where disclosed data discredits a person, humiliates his/her honour and dignity
shall be punishable by restriction of liberty for a term of three to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 387 as amended by Laws No. 4652-VI of 13 April 2012, No. 2213-VIII of 16 November 2017, No. 720-IX of 17 June 2020}
Article 388. Illegal actions in respect of seized property, pledged property, distrained property or property that is subject to forfeiture
1. Embezzlement, alienation, concealment, substitution, endamagement, destruction of property or other illegal actions with seized, pledged or distrained property, or violation of restriction (encumbrance) of the right to use such property committed by a person to whom this property is entrusted, as well as performance by a representative of a bank or other financial institution of banking operations with funds under distrain
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes or correctional labour for a term of up to two years, or restriction of liberty for the same term, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. The same actions as provided for by part 1 of this Article, if committed in respect of property subject to forfeiture by a court ruling that has entered into force
shall be punishable by a fine of four to six thousand tax-free minimum incomes or restriction of liberty for up to three years, or imprisonment for the same term, with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
{Article 388 as revised by Law No. 2456-IV of 03 March 2005; as amended by Laws No. 3795-VI of 22 September 2011, No. 2617-VIII of 22 November 2018}
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 labour for a term of up to two years or restriction of liberty for the same term.
2. Avoidance of community service or correctional labour by a person on whom it was imposed
shall be punishable by arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{Article 389 as amended by Laws No. 1404-VIII of 02 June 2016, No. 1492-VIII of 07 September 2016}
Article 389-1. Willful failure to comply with a conciliation or guilty plea agreement
1. Willful failure of a convict to comply with a conciliation or guilty plea agreement
shall be punishable by arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
{The Code has been supplemented with Article 389-1 under Law No. 4652-VI of 13 April 2012}
Article 389-2. Deliberate evasion of a person from serving an administrative penalty such as community service
Deliberate evasion of a person from serving an administrative penalty such as community service
shall be punishable by imprisonment for up to two years.
Note. Under this Article, deliberate evasion of a person from serving an administrative penalty such as community service shall mean continued evasion from community service of a person who has been prosecuted under Article 183-2 of the Code of Ukraine on Administrative Offences, that is failure to arrive at the place of performance of community labour (enterprises, institutions, organisations) within two days from the date specified in the direction by an authorised official of the authorised body in charge of probation without valid reasons, evasion from community labour or refusal to perform work assigned by enterprise, institution, or organisation, more than twice a month without valid reasons, as well as the appearance in the workplace under the influence of alcohol, narcotic or toxic substances.
Valid reasons shall be illness and other documented circumstances that actually deprive an offender of the possibility to attend community service works.
{The Code has been supplemented with Article 389-2 under Law No. 2475-VIII of 03 July 2018}
Article 390. Avoidance of restriction of liberty or imprisonment
1. Unauthorised leaving of the place of restriction of liberty, or deliberate avoidance of work, or systematic violation of public order or established residence regulations by a person sentenced to restriction of liberty
shall be punishable by imprisonment for up to three years.
3. Failure of a person sentenced to restriction 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 restriction of liberty for a term of up to two years, or imprisonment for the same term.
3. Failure to return to the place of serving a sentence of a person who is serving a sentence of imprisonment and who was allowed a short-term leave, after the expiration of the term of leave
shall be punishable by imprisonment for up to three years.
{Article 390 as amended by Law No. 1492-VIII of 07 September 2016}
Article 390-1. Failure to comply with restrictive measures, restrictive instructions or failure to complete the offender treatment programme
Intended failure to comply with the restrictive measures provided for by Article 91-1 hereof or intended failure to comply with restrictive instructions, or intended evasion of the offender treatment programme by a person sentenced to such measures by a court
shall be punishable by arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
{The Code has been supplemented with Article 390-1 under Law No. 2227-VIII of 06 December 2017}
Article 391. Deliberate disobedience to authorities of a penitentiary facility
Deliberate disobedience to lawful requirements of authorities of a penitentiary facility, or any other resistance to lawful actions of such authorities in discharge of their duties, by a person who serves a sentence of restriction of liberty or imprisonment, where that person has been penalised for his/her misconduct by placement in a separate cell or under more restricted regime of service within one year
shall be punishable by imprisonment for up to three years.
{Article 391 as amended by Law No. 1254-VI of 14 April 2009}
Article 392. Disorganisation of activity of penitentiary facilities
Terrorisation of inmates or attacks on the authorities of penitentiary facilities, and also creation of an organised group for any such purposes, or active participation in that group by persons who serve their sentence of imprisonment or restriction of liberty
shall be punishable by imprisonment for a term of five to ten years.
{Article 392 as amended by Law No. 1254-VI of 14 April 2009}
Article 393. Escape from a detention facility or custody
1. Escape from a detention facility or custody by a person who serves his/her sentence of imprisonment or arrest, or who is under pre-trial detention
shall be punishable by imprisonment for a term of three to five years.
2. The same actions, where committed repeatedly or by a group of persons upon their prior conspiracy, or in the manner dangerous to the life or health of others, or accompanied with the acquisition or use of a weapon, or with the use or threat of violence, or by undermining, as well as with damage to engineering and technical protection means
shall be punishable by imprisonment for a term of five to eight years.
Article 394. Escape from a specialised treatment facility
Escape from a specialised treatment facility, or on the way to it
shall be punishable by arrest for a term of up to six months, or restriction of liberty for a term of up to two years.
Article 395. Violation of rules related to administrative supervision
Unauthorised 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 detention facility, to arrive at the appointed time to the determined place of residence
shall be punishable by arrest for up to six months.
Article 396. Concealment of a criminal offence
1. Unpromised concealment of a grave or special grave criminal offence
shall be punishable by arrest for a term of up to three months, or restriction of liberty for a term of 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 offence.
Article 397. Interference with activity of a defence attorney or legal agent
1. Any interference with lawful activity of a defence attorney or legal agent, or violation of legal guarantees of their activity and professional secrets
shall be punishable by a fine of one hundred to two hundred tax-free minimum incomes, or correctional labour for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
2. The same actions, where committed by a person through abuse of office
shall be punishable by a fine of three hundred to five hundred tax-free minimum incomes or restriction of liberty for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for 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 aid
shall be punishable by arrest for a term of up to six months or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
2. Willful battery or infliction of minor or medium grave bodily injury on a defence attorney or legal agent or their close relatives connected with their legal aid
shall be punishable by restriction of liberty for a term of three to five years, or imprisonment for the same term.
3. Willful infliction of grievous bodily injury on the same persons connected with their legal aid
shall be punishable by imprisonment for a term of seven to twelve years.
Article 399. Willful destruction or impairment of property owned by a defence attorney or legal agent
1. Willful destruction or impairment of property owned by a defence attorney or legal agent or their close relatives in connection with their legal aid
shall be punishable by a fine of fifty to one hundred tax-free minimum incomes, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same actions, where committed by arson, explosion or other globally harmful means, or if they have caused particularly heavy damage
shall be punishable by imprisonment for a term of five to eight years.
3. The same actions as provided for by part 1 or 2 of this Article, which caused the death of people, infliction of grievous bodily harm 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 connected with their activity related to their legal aid
Murder or attempted murder of a defense attorney or legal agent or their close relatives connected with their legal aid
shall be punishable by imprisonment for a term of eight to fifteen years or life imprisonment.
Article 400-1. Representation in court without authority
1. Knowingly false notification of the court about the authority to represent another person in court, as well as intended failure of a lawyer to enter in the warrant of information on the limitations of powers established by the legal aid agreement
shall be punishable by a fine of up to three thousand tax-free minimum incomes or arrest for up to three months.
3. Any such actions as provided for by part 1 of this Article, where committed by a group of people upon their prior conspiracy
shall be punishable by a fine of up to ten thousand tax-free minimum incomes or restriction of liberty for up to three years.
{Section XVIII has been supplemented with Article 400-1 under Law No. 2147-VIII of 03 October 2017}
Section XIX
CRIMINAL OFFENCES AGAINST THE ESTABLISHED PROCEDURE OF MILITARY SERVICE (MILITARY OFFENCES)
{Title of Section XIX as amended by Law No. 2617-VIII of 22 November 2018}
Article 401. Definition of a military offence
1. Under this Section, military offences shall mean criminal offences against the procedure established by law for the performance or military service committed by servicemen, as well as conscripts and reservists during the training session.
2. Servicemen of the Armed Forces of Ukraine, the Security Service of Ukraine, the State Border Guard Service of Ukraine, the National Guard of Ukraine and other military groups formed in accordance with the laws of Ukraine, the State Special Transport Service, the State Special Communications and Information Protection Service of Ukraine, as well as other persons specified by law, shall be liable under the respective Articles of this Section.
3. Persons not specified in this Article shall be liable for complicity in military offences under the respective Articles of this Section.
4. A person who has committed a criminal offence under the Articles of this Section may be released from criminal liability in accordance with the Article 44 hereof with applying measures provided for by the Disciplinary Statute of the Armed Forces of Ukraine.
{Article 401 as amended by Laws No. 662-IV of 03 April 2003, No. 1414-VI of 02 June 2009, No. 877-VII of 13 March 2014, No. 1194-VII of 09 April 2014; as revised by Law No. 1952-VIII of 16 March 2017; as amended by Law No. 2617-VIII of 22 November 2018}
1. Disobedience, that is an open refusal to comply with orders of a commander, and also any other wilful failure to comply with orders,
shall be punishable by service restriction for a term of up to two years or detention in a penal battalion for a term of up to two years, or imprisonment for a term of up to three years.
2. The same action, where committed by a group of people or if it has caused any grave consequences
shall be punishable by imprisonment for a term of three to seven years.
3. Disobedience committed in a special period, other than martial law
shall be punishable by imprisonment for a term of five to seven years.
4. Disobedience committed in a martial law or in a combat situation
shall be punishable by imprisonment for a term of five to ten years.
Note. Under Section XIX hereof, a combat situation shall be deemed a situation of offensive, defensive or other general military, tank, air, air, sea, etc. combat that is the direct use of military weapons and equipment against a military adversary or by military adversary. A combat situation involving a military unit, (ship) or division, shall begin and end upon the order to enter the battle (cessation of battle) or from the actual beginning (end) of the battle.
{Article 402 as revised by Law No. 194-VIII of 12 February 2015}
Article 403. Failure to comply with orders
1. Failure to comply with orders of a commander upon absence of elements specified in part 1 of Article 402 hereof, where it has caused any grave consequences
shall be punishable by service restriction for a term of up to two years or detention in a penal battalion for a term of up to one year, or imprisonment for a term of up to two years.
2. The same action committed in a special period, other than martial law
shall be punishable by imprisonment for a term of two to five years.
3. The action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of three to seven years.
{Article 403 as revised by Law No. 194-VIII of 12 February 2015}
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 restriction for a term of up to two years or detention in a penal battalion for a term of up to two years, or imprisonment for a term from two to five years.
2. The same actions committed by a group of persons either with the use of weapons or with grave consequences
shall be punishable by imprisonment for a term of three to eight years.
3. Actions provided for by parts 1 or 2 of this Article, where they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of three to ten years.
4. Actions provided for by parts 1 or 2 of this Article, where they were committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of three to twelve years.
5. Actions provided for by parts 2, 3 or 4 of this Article, if they were connected with the premeditated murder of a commander or another person performing military service duties
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment.
{Article 404 as revised by Law No. 194-VIII of 12 February 2015}
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 property in connection with his military service duties
shall be punishable by detention in a penal battalion for 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 military service duties
shall be punishable by imprisonment for a term of two to seven years.
3. Actions provided for by parts 1 or 2 of this Article, where they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of five to eight years.
4. Actions provided for by parts 1 or 2 of this Article, committed by a group of people, or with the use of weapons, or under martial law, or in a combat situation
shall be punishable by imprisonment for a term of five to ten years.
{Article 405 as revised by Law No. 194-VIII of 12 February 2015}
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 up to six months or detention in a penal battalion for up to one year, or imprisonment for up to three years.
2. The same action, where committed against several persons or if it has caused minor or medium bodily injuries, as well as such that involves harassment or outrage against a serviceman
shall be punishable by detention in a penal battalion for a term of up to two years or imprisonment for a term of two to five years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed by an organised group, 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 detention in a penal battalion for a term of up to two years or imprisonment for a term of 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 one thousand to four thousand tax-free minimum incomes, or service restriction for a term of up to two years, or imprisonment for a term of up to three years.
3. Absence of persons specified in parts 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, as well as failure to appear on time for service without valid reasons, committed in the conditions of a special period, other than martial law, committed by persons specified in parts 1 or 2 of this Article
shall be punishable by imprisonment for a term of three to seven years.
4. Absence from a military unit or place of service without leave of persons specified in parts 1 or 2 of this Article, as well as failure to appear on time for service without valid reasons, committed in the conditions of a special period, or under martial law
shall be punishable by imprisonment for a term of five to ten years.
{Article 407 as amended by Law No. 158-VIII of 05 February 2015; as revised by Law No. 194-VIII of 12 February 2015; as amended by Laws No. 2617-VIII of 22 November 2018}
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. Action provided for by parts 1 or 2 of this Article, where committed during a special period, other that martial law
shall be punishable by imprisonment for a term of five to ten years.
3. An action provided for by part 1 or 2 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of five to twelve years.
{Article 408 as revised by Law No. 194-VIII of 12 February 2015}
Article 409. Evasion of military service by means of self-mutilation or otherwise
1. Evasion of military service by a military serviceman by means of self-mutilation or malingering, or forgery of documents, or any other deceit
shall be punishable by detention in a penal battalion for 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. Actions provided for by parts 1 or 2 of this Article, if they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of three to seven years.
3. Actions provided for by part 1 or 2 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of five to ten years.
{Article 409 as revised by Law No. 194-VIII of 12 February 2015}
Article 410. Stealing, appropriation, extortion or fraudulent obtaining of weapons, ammunitions, explosive or other warfare substances, vehicles, military or special machinery, or other munitions, 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 machinery or other munitions 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 through abuse of office, either repeatedly or by a group of people upon their prior conspiracy, or which have caused significant damage
shall be punishable by imprisonment for a term of five to ten years.
3. Actions provided for by parts 1 or 2 of this Article, if they were committed during a special period, other that martial law
shall be punishable by imprisonment for a term of five to twelve years.
3. Any such actions as provided for by part 1 or 2 of this Article, where committed under martial law or in a combat situation, brigandism for the purpose of taking possession of weapons, ammunitions, explosive or other warfare substances, vehicles, military or special machinery, 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 410 as revised by Law No. 194-VIII of 12 February 2015}
Article 411. Willful destruction or endamagement of munitions
1. Willful destruction or endamagement of weapons, ammunitions, vehicles, military or special machinery or any other munitions
shall be punishable by service restriction for a term of up to two years or detention in a penal battalion for the same term, or imprisonment for a term of up to three years.
2. The same actions committed by arson or other globally harmful means, or which have resulted in the death of people or other grave consequences
shall be punishable by imprisonment for a term of three to eight years.
3. Actions provided for by parts 1 or 2 of this Article, where they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of five to eight years.
3. Actions provided for by part 1 or 2 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of five to ten years.
{Article 411 as revised by Law No. 194-VIII of 12 February 2015}
Article 412. Negligent destruction or endamagement of munitions
1. Negligent destruction or endamagement of weapons, ammunitions, vehicles, military or special machinery or any other munitions, where it causes damage in large amounts
shall be punishable by a fine of up to fifty tax-free minimum incomes, or service restriction for a term of up to two years, or detention in a penal battalion for a term of up to one year.
2. The same actions that caused death of people or any other grave consequences
shall be punishable by detention in a penal battalion for a term of up to two years or imprisonment for a term of up to three years.
Article 413. Loss of munitions
1. Loss or damage of weapons, ammunition, means of transportation, items of technical supply or other munitions entrusted to the official use due to violation of the rules of their storage
shall be punishable by arrest for a term of up to six months or detention in a penal battalion for a term of up to two years, or imprisonment for the same term.
2. The same actions committed in a special period, other than martial law
shall be punishable by imprisonment for up to three years.
3. Actions provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of two to five years.
{Article 413 as amended by Law No. 270-VI of 15 April 2008; as revised by Law No. 194-VIII of 12 February 2015}
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 or created increased danger to the surroundings
shall be punishable by service restriction for a term of up to two years or detention in a penal battalion for the same term, or imprisonment for a term of up to three years.
2. The same action, which 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 action as provided by part 1 of this Article, 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 414 as amended by Law No. 1071-V of 24 May 2007}
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 bodily injury of medium gravity or grievous bodily injuries or death of the victim
shall be punishable by imprisonment for a term of two to five years.
2. The same action provided for by part 1 of this Article, which resulted in 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 navigation rules 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. 1. 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 restriction of liberty for a term of two to five years, or imprisonment for the same term.
3. Action provided for by parts 1 or 2 of this Article, if committed during a special period, other than martial law
shall be punishable by imprisonment for a term of three to seven years.
3. Action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of three to eight years.
{Article 418 as revised by Law No. 194-VIII of 12 February 2015}
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, where it caused any grave consequences
shall be punishable by imprisonment for a term of three to eight years.
2. The same action committed in a special period, other than martial law
shall be punishable by imprisonment for a term of five to ten years.
3. The action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of seven to ten years.
{Article 419 as revised by Laws No. 270-VI of 15 April 2008, No. 194-VIII of 12 February 2015}
Article 420. Violation of rules of alert duty
1. Violation of rules of alert duty established for timely detection and repelling of an sudden attack on Ukraine or for the protection and security of Ukraine, where it caused any grave consequences
shall be punishable by imprisonment for a term of three to eight years.
2. The same action committed in a special period, other than martial law
shall be punishable by imprisonment for a term of five to eight years.
3. Action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of five to ten years.
{Article 420 as revised by Laws No. 270-VI of 15 April 2008, No. 194-VIII of 12 February 2015}
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 detention in a penal battalion for a term of up to two years or imprisonment for a term of up to three years.
2. The same action committed in a special period, other than martial law
shall be punishable by imprisonment for a term of three to five years.
3. Action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of up to five years.
{Article 421 as revised by Law No. 194-VIII of 12 February 2015}
Article 422. Disclosure of military information that constitutes state secret or loss of documents or materials 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 materials 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 happened as a result of violation of rules related to handling of any such documents, materials or things
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by Part 1 or 2 of this Article, where they caused grave consequences
shall be punishable by imprisonment for a term of five to ten years.
{Article 423 has been deleted under Law No. 746-VII of 21 February 2014}
{Article 424 has been deleted under Law No. 746-VII of 21 February 2014}
Article 425. Neglect of duty in military service
1. Neglect of duty in military service that caused any substantial damage
shall be punishable by a fine of two hundred and eighty-five to three hundred and twenty-five tax-free minimum incomes, or imprisonment for a term of up to two years, or imprisonment for a term of up to three years.
2. The same action, where it caused any grave consequences
shall be punishable by imprisonment for a term of three to seven years.
3. Actions provided for by parts 1 or 2 of this Article, if they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of five to seven years.
3. Actions provided for by part 1 or 2 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of five to eight years.
Note. 1. Military officers shall mean military commanders, as well as other servicemen who hold permanently or temporarily positions related to the performance of organisational or administrative duties, or perform such duties on the special instructions of the authorised command.
2. Under Articles 425 and 426 hereof, substantial damage, where it consists in causing pecuniary damage, shall mean damage that equals or exceeds two hundred and fifty tax-free minimum incomes; grave consequences under the same conditions shall mean damage that equals or exceeds five hundred tax-free minimum incomes.
{Article 425 as amended by Law No. 746-VII of 21 February 2014; as revised by Laws No. 194-VIII of 12 February 2015, No. 1952-VIII of 16 March 2017}
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, where it caused any substantial damage
shall be punishable by a fine of one thousand to four thousand tax-free minimum incomes, or service restriction for a term of up to two years, or imprisonment for a term of up to three years.
2. The same actions, where they caused any grave consequences
shall be punishable by imprisonment for a term of three to seven years.
3. Actions provided for by parts 1 or 2 of this Article, if they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of five to seven years.
3. Actions provided for by part 1 or 2 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of seven to ten years.
{Article 426 as amended by Law No. 4652-VI of 13 April 2012; as revised by Laws No. 194-VIII of 12 February 2015, No. 1952-VIII of 16 March 2017; as amended by Law No. 2617-VIII of 22 November 2018}
Article 426-1. Excess of power or official authority by a military official
1. Excess of power or official authority by a military official that is intended commission of actions that clearly go beyond the rights or powers granted to that person, except for those provided for by part 2 of this Article, where these actions caused substantial damage
shall be punishable by restriction of liberty for a term of two to five years, or imprisonment for the same term.
2. Application of non-statutory measures of influence against a subordinate or excess of disciplinary authority, if these actions caused substantial damage, as well as the use of violence against a subordinate
shall be punishable by imprisonment for a term of three to seven years.
3. The actions provided for by part 2 of this Article, committed with the use of weapons, as well as the actions provided for by parts 1 or 2 of this Article, if they have caused any grave consequences
shall be punishable by imprisonment for a term of five to nine years.
3. Actions provided for by parts 1, 2 or 3 of this Article, if they were committed during a special period, other than martial law
shall be punishable by imprisonment for a term of seven to ten years.
3. Actions provided for by part 1, 2 or 3 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of eight to twelve years.
{The Code has been supplemented with Article 426-1 under Law No. 290-VIII of 07 April 2015}
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 machinery 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 duties or by a member of the crew without the commander's corresponding order
shall be punishable by imprisonment for a term of three to eight years.
2. The same action committed in a special period, other than martial law
shall be punishable by imprisonment for a term of five to eight years.
3. Action provided for by part 1 of this Article, committed under martial law or in a combat situation
shall be punishable by imprisonment for a term of seven to ten years.
{Article 428 as revised by Law No. 194-VIII of 12 February 2015}
Article 429. Unauthorised leaving of a battlefield or refusal to use weapons
Unauthorised 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 be 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 eight years.
3. Actions taken by a prisoner of war to the detriment of other prisoners of war for mercenary motives or to win indulgent treatment of the enemy
shall be punishable by imprisonment for up to three years.
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
Repeated 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 offence
shall be punishable by imprisonment for up to three years.
Article 435. Unlawful use or misuse of the Red Cross, Red Crescent, Red Crystal symbols
1. Carrying the Red Cross, Red Crescent and Red Crystal 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 and Red Crystal or the colours attributed to medical vehicles under conditions of special period, other than martial law
shall be punishable by imprisonment for up to two years.
2. Carrying the Red Cross, Red Crescent and Red Crystal 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 and Red Crystal or the colours attributed to medical vehicles under martial law
shall be punishable by imprisonment for up to two years.
{Article 435 as revised by Law No. 194-VIII of 12 February 2015}
Section XX
CRIMINAL OFFENCES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER
{Title of Section XX as amended by Law No. 2617-VIII of 22 November 2018}
Article 436. Propaganda of war
Public incitement to an aggressive war or an armed conflict, and also production of materials inciting to commit any such actions for distribution purposes or distribution of such materials
shall be punishable by correctional labour for a term of up to two years or arrest for a term of up to six months, or restriction of liberty for a term of up to three years.
Article 436-1. Production and distribution of communist, Nazi symbols and propaganda of communist and national socialist (Nazi) totalitarian regimes
1. Production, distribution, and public use of symbols of communist, national socialist (Nazi) totalitarian regimes, including such as souvenirs, public performance of anthems of the USSR, Ukrainian SSR, other union and autonomous Soviet republics or their fragments throughout the territory of Ukraine, except for the cases provided for by parts 2 and 3 of Article 4 of the Law of Ukraine “On Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols”
shall be punishable by restriction of liberty for a term of up to five years, or imprisonment for the same term, with or without forfeiture of property.
2. The same actions committed by a representative of the authorities, or committed repeatedly, or by an organised group, or through the media
shall be punishable by imprisonment for a term of five to ten years with or without forfeiture of property.
{The Code has been supplemented with Article 436-1 under Law No. 729-VII of 16 January 2014 that has ceased to be in force under Law No. 732-VII of 28 January 2014; the Code has been supplemented with Article 436-1 under Law No. 735-VII of 28 January 2014; as revised by Law No. 317-VIII of 09 April 2015}
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 to engage them in forced labour, 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 stipulated by international treaties, ratified by the Verkhovna Rada of Ukraine, and also issuing an order to commit any such actions
shall be punishable by imprisonment for a term of eight to twelve years.
2. The same actions, where they are accompanied with premeditated 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 treaties, ratified by the Verkhovna Rada of Ukraine
shall be punishable by imprisonment for a term of eight to twelve years.
2. The same action that caused death of people or resulted in 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 treaties, ratified by the Verkhovna Rada of Ukraine
shall be punishable by imprisonment for a term of three to ten years.
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.
1. Genocide, that is a wilfully 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 grievous bodily injuries on them, creation of life conditions aimed at 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 incitement to genocide, and also production of any materials inciting to genocide for the purpose of distribution, or distribution of such materials
shall be punishable by arrest for a term of up to six months, or imprisonment for a term of up to five years.
Article 443. Trespass against life of a foreign state representative
Murder or attempted assassination of a representative of a foreign state or other person with international protection in order to influence the nature of their activities or the activities of the states or organisations they represent, or to provoke war or international implications
shall be punishable by imprisonment for a term of eight to fifteen years or life imprisonment.
Article 444. Criminal offences against internationally protected persons and institutions
1. Attacks on official premises or private accommodations of internationally protected persons, and also abduction or confinement of such persons for the purpose of influencing the nature of their activity or the activity of their states or organisations, or for the purpose of provoking a war or international implications
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 part 1 of this Article
shall be punishable by correctional labour for a term of up to two years, or arrest for a term of up to three months, or restriction of liberty for a term of up to three years, or imprisonment for up to two years.
Article 445. Illegal use of symbols of Red Cross, Red Crescent, Red Crystal
{Title of Article 445 as amended by Law No. 1675-VI of 22 October 2009}
Illegal use of symbols of Red Cross and Red Crescent, Red Crystal other than in cases provided for by this Code
{Paragraph 1, Article 445 as amended by Law No. 1675-VI of 22 October 2009}
shall be punishable by a fine of up to fifty tax-free minimum incomes or arrest for a term of up to six months.
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 forfeiture of property.
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 with forfeiture of property.
1. Recruiting, financing, material support, training of mercenaries for use in armed conflicts, military or violent acts aimed at forcible change or overthrow of the constitutional order, take-over of government, obstruction of government authorities or violation of territorial integrity, as well as the use of mercenaries in armed conflicts, military or violent acts
shall be punishable by imprisonment for a term of five to ten years.
2. The same actions, where committed by a person through abuse of office
shall be punishable by imprisonment for a term of seven to twelve years with or without forfeiture of property.
3. Any such actions as provided for by part 1 or 2 of this Article that have resulted in death of a person
shall be punishable by imprisonment for a term of ten to fifteen years or life imprisonment with or without forfeiture of property.
4. Participation of a mercenary in armed conflict, military or violent acts
shall be punishable by imprisonment for a term of five to ten years.
5. A mercenary shall be released from criminal liability for the actions provided for by part 4 of this Article, if he/she voluntarily ceased to participate in an armed conflict, military or violent acts before being prosecuted and reported his/her participation in the conflict, military or violent actions or otherwise facilitated termination or disclosure of crimes provided for in parts 1–3 of this Article, where his/her actions do not constitute another crime.
Note. Under this Article, a mercenary shall mean a person who:
1) is specially recruited in Ukraine or abroad in order to take part in armed conflict, military or violent actions aimed at forcible change or overthrow of the constitutional order, take-over of government, obstruction of the activity of government authorities in the territory of Ukraine or the territory of other states or violation of territorial integrity;
2) participates in military or violent acts for the purpose of obtaining any personal benefit;
3) is neither a citizen (subject) of the party to the conflict, nor a person who permanently legally resides in the territory controlled by the party in conflict;
4) is not a member of the armed forces of the state on the territory of which such actions are conducted;
5) is not sent by a state that is not a party to the conflict to perform official duties as a member of its armed forces.
{Article 447 as revised by Law No. 716-VIII of 06 October 2015}
FINAL AND TRANSITIONAL PROVISIONS
1. This Code shall enter into force on 1 September 2001.
2. As this Code enters into force, the following legislation shall lose its effect:
Criminal Code of the Ukrainian Soviet Socialist Republic of 28 December 1960 (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1961, No. 2, Article 14) as amended, except for the List of property which is not subject to forfeiture under the court’s ruling (Annex to this Code);
The Law of the Ukrainian SSR “On Approval of the Criminal Code of the Ukrainian SSR” (The Official Bulletin of the Verkhovna Rada of the UkrSSR, 1961, No. 2, Article 14);
Articles 1, 2 and 5 of the Decree of the Presidium of the Verkhovna Rada of Ukrainian SSR of 20 April 1990 “On Liability for Actions Breaching the Public Order and Safety of Citizens” (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1990, No. 18, Article 278);
Decree of the Presidium of the Verkhovna Rada of Ukrainian SSR of 26 December 1990 “On Liability for Violation of the Procedures on the Use of Consumer Cards for Purchase of Goods and Other Official Documents” (Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1991, No. 3, Article 13);
Article 3 of the Decree of the Presidium of Verkhovna Rada of Ukrainian SSR of 28 January 1991 “On Liability for Violation of Requirements Related to the Radiation Safety Regime, Procurement, Processing and Sale of Foodstuffs Contaminated by Radiation” (The Official Bulletin of the Verkhovna Rada of the Ukrainian SSR, 1991, No. 11, Article 106);
Decree by the Presidium of the Verkhovna Rada of Ukraine of 21 January 1992 “On Liability for the Counterfeit of Nonexpendable Coupons for Sale Purposes and Sale of Such Coupons” (The official Bulletin of the Verkhovna Rada of Ukraine, 1992, No. 18, Article 246).
3. The Cabinet of Ministers of Ukraine shall prepare and submit to the Verkhovna Rada of Ukraine the list of legislative acts, which shall be abrogated due to the entry force of this Code within three months from the date of promulgation of this Code.
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) under part 2, Article 74 hereof:
a) persons sentenced under part 3 of Article 5 of the 1960 Criminal Code of Ukraine;
b) persons sentenced for preparation of a criminal offence under part 1 of Article 17 and respective Articles of the Special Part of the 1960 Criminal Code of Ukraine, where these criminal offences are minor;
c) persons sentenced under Articles 108-1, 110, 134-1, 125, 126, 147-2, 147-3, 149, 154, 155-2, 155-3, 155-5, 155-6, 159, 169, 176-3, 183-2, 183-4, 187, 187-7, 187-8, 189, 189-1, 193-1, 199, 202, 206 (part 1), 208-1, 208-2, 229-8, 237 of 1960 Criminal Code of Ukraine;
d) persons sentenced under part 1, Article 133, Articles 147 (part 1), 148-3, 161 (part 1), 187-4, 187-8, 192 (part 3), 196-1 (part 1), 199 (part 1 and 2), 207-1, 227-2 (part 1), applied pursuant to the 1960 Criminal Code of Ukraine, provided that prior administrative penalties were imposed on these persons;
e) persons sentenced for criminal offences committed between 14 and 16 years of age provided for by Articles 78-1, 97, 98, 106 (part 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 offence), and also persons defined in part 2 of Article 396 hereof, sentenced for the unpromised in advanced covering up under Article 186 of the 1960 Criminal Code of Ukraine;
g) persons sentenced under Decree of the Presidium of the Verkhovna Rada of Ukrainian SSR of 26 December 1990 “On Liability for Violation of the Procedures on the Use of Consumer Cards for Purchase of Goods and Other Official Documents” and the Decree of the Presidium of the Verkhovna Rada of Ukraine of 21 January 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:
а) persons sentenced for the first time to imprisonment for minor criminal offences committed under 18 years of age pursuant to part 2 of Article 12 and part 2 of Article 102 hereof;
b) military servants sentenced to custody in a penal battalion for a term of up to six months;
c) persons sentenced under part 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 labour without imprisonment for a term of up to six months.
3. All criminal cases instituted against persons who committed any criminal offences provided for by the 1960 Criminal Code of Ukraine and listed in part 1 of this Section, shall be dismissed.
4. Persons serving their cumulative sentences, where they are discharged from punishment for certain criminal offences under clause 1 of this Section, shall continue to serve sentences imposed by a court for any other cumulated criminal offences, if they have not completed to serve them. The imposed punishment may also be decreased in cases provided for by clause 5 of this Section.
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 part 3 of Article 74 hereof. 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 part 1 of Article 55 of this Code to three years. The term of correctional labour imposed on minors shall be reduced pursuant to parts 2 and 3 of Article 100 hereof to one year, while the amount deducted from their salaries shall be reduced to 10 per cent.
6. Persons serving their sentences of imprisonment imposed by a court for a term of up to five years in colonies shall be deemed as such that serve the sentence of imprisonment provided for by Article 61 hereof.
7. Persons deprived of parental rights under the 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 cancelled prior to the effective date of this Code.
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 effective date of this Code, if this Code does not provide for the forfeiture of property or fine for the same criminal offence.
9. As of the effective date of this Code, any persons deemed as especially dangerous recidivists under Article 26 of the 1960 Criminal Code of Ukraine shall no more be deemed 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 recognised as especially dangerous recidivists. Where necessary, the legal treatment of the committed criminal offences shall be changed, and also the punishment shall be reduced pursuant to part 3 of Article 74 hereof. If the persons mentioned in the first sentence of this clause have completed their sentences but have unrevoked conviction, the conviction of these persons shall be cancelled under rules provided for by Articles 89 and 90 hereof.
10. All cases on criminal offences of persons, who committed embezzlement of state or collective property in respect of large or particularly large amounts as prescribed by part 4 of Article 81, part 4 of Article 82, part 4 of Article 84, part 2 of Article 86, and Article 86-1 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 parts and Articles of this Code (Articles 185, 186, 187, 190 and 191).
Penalties imposed on persons convicted for embezzlement in respect of large or particularly large amounts under Articles 81, 82, 83, 84, 86 and 86-1 of the 1960 Criminal Code of Ukraine who have not served their sentences, shall be adjusted to punishments sanctioned by Articles 185, 186, 187, 190 and 191 of this Code, where the punishment imposed by a court for a particular criminal offence is heavier than the one prescribed by this Code.
11. Rules established by the 1960 Criminal Code of Ukraine with regard to the statute of limitations, parole, mitigation, cancellation and revocation of conviction shall apply to persons who had committed criminal offences prior to the effective date of this Code, except where this Code commutes the criminal liability of such persons.
12. Where the imposed punishment is milder than the one provided for by the law for the criminal offence committed prior to the effective date 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 offences, committed prior to the effective date of this Code, Article 42 of the 1960 Criminal Code of Ukraine shall apply. If at least one of the cumulated criminal offences was committed after the effective date of this Code, Article 70 or part 2 of Article 103 hereof shall apply.
Where a person serving a sentence commits any other criminal offence after the effective date of this Code, Article 71 or part 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 offence after the effective date of this Code, the court shall apply Articles 75–77 hereof.
The probation period shall be reduced to two years for conditionally sentenced minors pursuant to part 3 of Article 104 hereof, if the probation period determined by the court exceeds this time limit.
15. Article 78 hereof shall apply to persons sentenced to imprisonment with suspended enforcement under Article 46-1 of the 1960 Criminal Code of Ukraine.
16. If persons, who have committed criminal offences prior to the effective date of this Code, 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 cease to be socially dangerous, part 1 or 2 of Article 50 of the 1960 Criminal Code of Ukraine shall apply.
17. Criminal offence committed by a person prior to the effective date of this Code, 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 offence committed by that person, and also in other cases stipulated by this Code.
18. When deciding on the classification of criminal offences stipulated by the 1960 Criminal Code of Ukraine, which have been committed prior to the effective date of this Code, to minor, medium gravity, grave and special grave criminal offences, Article 12 hereof shall be applied, if this commutes the criminal liability of persons who have committed criminal offences prior to the effective date of this Code. In other cases, respective provisions of the 1960 Criminal Code of Ukraine shall 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 offences prior to the effective date of this Code, and whose cases are pending in courts, pre-trial investigation or inquiry authorities, shall be handled by a court.
20. Authorities responsible for enforcement of sentences passed by courts shall provide corresponding files to courts on persons who serve their sentences.
21. Issues provided for by clauses 3, 4, 6, 7, 9, 10, 15 of this Section shall be reviewed by courts upon motion of the administration of the penitentiary facility or prosecutor in open court together with the prosecutor and representative of the administration of the penitentiary facility given the case is reviewed upon their motion.
The decision (ruling) of the court on these issues may be appealed by the convict or his/her defence counsel or submitted to the respective prosecutor in the manner prescribed by Criminal Procedure Code of Ukraine.
{Paragraph 2, clause 21, Section II “Final and Transitional Provisions” as revised by Law No. 1130-IV of 11 July 2003}
