Draft Law “On amendment of the Criminal Code and the Code of Criminal Procedure of Ukraine as regards the improvement of procedure for forfeiture”

SECRETARIAT GENERAL
DIRECTORATE GENERAL
HUMAN RIGHTS AND RULE OF LAW
DGI(2013) 7
Strasbourg, 17 May 2013
OPINION OF THE DIRECTORATE GENERAL HUMAN RIGHTS AND RULE OF LAW
Information Society and Action against Crime Directorate
Action against Crime Department
prepared on the basis of the expertise by Mr Alan Bacarese
ON
Draft Law “On amendment of the Criminal Code and the Code of Criminal
Procedure of Ukraine as regards the improvement of procedure for forfeiture”
2
Table of contents
1. Executive Summary………………………………………………………………………………………………… 3
2. Introduction and Overview………………………………………………………………………………………. 5
3. Examination of the Key Legal Provisions …………………………………………………………………. 7
4. Other Key Provisions ……………………………………………………………………………………………. 10
5. Conclusions and list of recommendations ……………………………………………………………… 12
6. Appendix I ……………………………………………………………………………………………………………. 13
6.1 Draft Law “On amendment of the Criminal Code and the Code of Criminal Procedure of
Ukraine as regards the improvement of procedure of forfeiture”………………………………………… 14
6.2 Appendix: Draft amendments to be introduced to the Criminal Code of Ukraine and
Criminal Procedure Code of Ukraine by the Law of Ukraine “On Special Confiscation”…………. 24
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1. EXECUTIVE SUMMARY
At the request of the Ukrainian authorities, the present opinion assesses the compliance of the
Draft Law “On amendment of the Criminal Code and the Code of Criminal Procedure of Ukraine as
regards the improvement of procedure for forfeiture” (hereinafter “the Draft Law”) with the Council
of Europe and other international standards on confiscation of proceeds of crime.
The current efforts of the Ukrainian authorities to introduce amendments to the Criminal Code (CC)
and Criminal Procedure Code (CPC) with regard to the confiscation of criminal proceeds are to be
supported. However, Ukraine has to be conscious of the need for clear and precise definitions of
the key components of such a law in order to ensure compliance with the international norms in
this field. Furthermore, given the swift legislative changes that are currently taking pace in Ukraine
there is a fear that such efforts might contribute to lack of legal certainty. As an example, it should
be noted that in the recent legislative amendments, and in the Draft Law itself, seems to be a lack
of cross-referencing to other laws in force, therefore lacking a necessary level of consistency,
which is important in such initiatives.
This opinion considers the new Draft Law in the context of the Council of Europe (CoE) Convention
of 1990 on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and the
2005 CoE Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime and on the Financing of Terrorism and other relevant international documents.
The key recommendations that emerge from this opinion are as follows:
1. In the main provision of Article 96 of the Criminal Code entitled “Special confiscation”, there
is no explanation of the difference between a crime and a “socially dangerous” act, given that
under Article 11 of the Criminal Code these two terms have one and the same meaning and one is
defined through the other.
Recommendation 1 – the Draft Law amendments should be clear in their terminology in terms of
their consistency with the basic concept of a crime as already defined by the Criminal Code.
2. In Article 96 (2) “Cases when special confiscation is applied” the provision mentions how
“special confiscation is applied when money, valuables or other property, 1) were acquired as a
result of committing a crime and/or are profits from such property”. There is no reference at this
important juncture as to whether or not indirect proceeds of crime are also captured by the Draft
Law. It appears not.
Recommendation 2 – the Draft Law should be amended to reflect with certainty that it also covers
situations where the indirect acquisition of proceeds or assets is criminalised.
3. At Article 96 (3) the Draft Law provides for “special confiscation” in circumstances when the
person is “not subject to criminal responsibility because of non-attainment of the age at which the
criminal responsibility may be applied” or “because of irresponsibility”.
A legal provision that seeks to extend a confiscation regime, which is drafted as a penal measure,
to minors or those not fit to stand trial for reasons of mental incapacity, which is what is assumed is
meant by the phrase “irresponsibility”, will be challenged before the courts as being in breach of
the international standards on human rights.
Recommendation 3 – there should be much clearer language used in the above Article to clarify
precisely what it is intending to achieve. If indeed it intends to extend the confiscation regime as
described, then that will open the Article, and perhaps the draft law, up to judicial challenge as
such measures cannot be consistent with international human rights law.
4. Article 96 (3) also provides for special confiscation to be applied to circumstances where the
individual is discharged from criminal liability on the grounds foreseen by this Code. This phrase
4
does not appear to be further clarified in any material provided by the Ukrainian authorities but
does seem to suggest a desire to implement an in rem, or a non-conviction based, confiscation
system.
Recommendation 4 – the Draft Law should clarify what this provision means and if it is an in rem
or non-conviction based system then it should be made clear. If this is indeed the intention of the
legislator then there should be explicit criteria set out, or properly cross referenced, to ensure that
the provision is clear. Such provisions despite being a useful tool are often the subject of
considerable judicial scrutiny, including again international human rights standards on the right to
property, for example1
.
5. Article 96 (4) describes how the confiscation regime will also apply to transfers by the
suspects to a legal person. There is no detail provided as to how one challenges transfers into
legal persons, or companies and other non-natural person structures. There is no cross reference
to any provision on the liability of the legal person.
Recommendation 5 – the Draft Law needs to be clear how the confiscation regime can trace
transfers of proceeds of crime into a legal person and cross reference to appropriate sections of
the CC or CPC that deal with the liability of legal persons. If there is no such provision then it
largely leaves this text as redundant in law. If there is such a provision Ukraine must issue
guidance as to how it intends to achieve this difficult process.
6. Neither the Criminal nor the Criminal Procedure Code currently seem to provide for the
seizure and confiscation of property without prior notice.
Recommendation 6 – the Draft Law should allow provisional measures, such as seizure to be
carried out without prior notice in order to prevent any dealing, transfer or disposal of property
subject to confiscation.
7. Article 96 (5) states that special confiscation shall not be applied to proceeds which shall be
restituted to the “owner or legitimate holder” of the proceeds. This is an important check and
balance but neither does this Article nor Article 91 (2) of the CPC, which deals with levels of proof
necessary to establish that proceeds are the product of criminal offending, provide any real clarity
on how a third party proves their legal title and bona fide status.
Recommendation 7 – the Draft Law and appropriate sections of the CPC should make clear the
process as to how third parties prove their lawful title and bona fide status to suspected proceeds
and whether in fact the State carries the burden of proof in such circumstances.
8. Article 167 of the Code of Criminal Procedure which deals with provisional seizure of
property does not appear to propose any structure to manage those assets or proceeds that have
been placed under provisional freezing orders.
Recommendation 8 – the Draft Law should have considered some provision for a means of
managing assets and proceeds that are placed under a provisional freezing, or restraint, order. In
these early phases it is important that assets, particularly if they are perishable or difficult to
manage, such as a business, and may lose value very quickly, are properly managed. In many
jurisdictions there are designated departments within the judiciary or the prosecutor’s office, or
even entirely separate offices, which have this responsibility.
9. The Draft Law is silent on key areas such as international cooperation, the identification of
which agencies will assume which roles in the confiscation of criminal proceeds, whether any new

1
ECHR Protocol 1 Article 1 – Protection of Property– see
http://www.echr.coe.int/ECHR/EN/Header/Basic+Texts/The+Convention+and+additional+protocols/The+European+Conv
ention+on+Human+Rights/.
5
or specialised agency might be created to achieve these aims and what resources and training will
be provided to allow such complex provisions to be brought to life.
Recommendation 9 – the Draft Law, either in specific articles or in appropriate text elsewhere,
should also articulate in clear terms how the Ukrainian authorities intend to implement the complex
provisions that are contained in the new Draft Law and amendments to the CC and CPC and which
agencies will be given the mandate to undertake the tasks created, and how it intends to provide
sufficient funding and resourcing to allow such agency/ies to perform effectively.
2. INTRODUCTION AND OVERVIEW
By letter of 5 March 2013 addressed to the Director General of Human Rights and Rule of Law, the
Ukrainian authorities requested the Council of Europe to provide an opinion on the compliance of
the Draft Law “On amendment of the Criminal Code and the Code of Criminal Procedure of
Ukraine as regards the improvement of procedure for forfeiture” with the Council of Europe and
other international standards. It is solely based on the English translations of the Draft Law and
comparative table with the proposed amendments (see Appendix I), as well as the Criminal and
Criminal Procedure Codes provided by the Ukrainian authorities. The opinion analyses those parts
of the Criminal and Criminal Procedure Codes which are expressly affected by the amendments.
Thus, it does not assess these Codes in their entirety, or whether other parts of them should have
been amended as well.
The opinion has been prepared on the basis of expertise by Mr Alan Bacarese (United Kingdom),
Council of Europe expert. This opinion considers the Draft Law in the context of the Council of
Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
(CETS 141 – “the 1990 Convention”) and the Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS 198 – “the
2005 Convention”) and other relevant international documents.
The Draft Law purports to make extensive amendments across the relevant articles of the Criminal
Code and Criminal Procedure Code to enhance the capability of the Ukrainian state to recover the
proceeds of crime. The Draft Law aims to streamline the existing domestic confiscation regime and
is yet to be enacted. It also deals with the instrumentalities of crime and a number of important
provisional measures.
Ukraine has embarked in recent years upon an extensive exercise in penal reform. The national
criminal legal framework of Ukraine is based on the Constitution, the Criminal Code and the
Criminal Procedure Act. Although the CC came into force on 1 September 2001 progress is being
made in efforts to modernize the legal foundation. A new CPC was adopted by the Parliament on
13 April 2012 and entered into force on 20 November 2012. Key amendments have also been
made to, for example, the Law No. 3207-VI “On amendments to several legislative acts concerning
liability for corruption offences”, as well as Law No. 3206-VI “On the Principles of Preventing and
Combating Corruption”. Both laws came into force on 1 July 2011. Other specific laws include the
Law on Prevention and Counteraction to Money Laundering (in force since August 2010) and the
Law on Special Investigative Techniques.
However, in the context of reforming the law on the confiscation of the proceeds of criminal activity
this seems to have been more problematic.
In the last ten years there has been a real movement internationally towards creating more
effective systems to recover the proceeds of crime. The passing into international law of the UN
Conventions against Corruption (UNCAC) and t against Transnational Organised Crime, (UNTOC)
for example, as well as a raft of EU initiatives have given unprecedented momentum to a move
towards greater efforts to recover the proceeds of crime, and corruption in all its various guises in
particular.
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The Council of Europe’s two key Conventions – “the 1990 Convention” and “the 2005 Convention”,
remain pertinent reference points for such efforts and has both been ratified by Ukraine. The
Conventions contain clear provisions on money laundering but also key provisions on search,
seizure and confiscation of the proceeds of crime. The following are some examples of the key
confiscation provisions of the 2005 Convention2
:
Chapter III, Section 1,
Article 3 – Confiscation measures
1. Each Party shall adopt such legislative and other measures as may be necessary to enable
it to confiscate instrumentalities and proceeds or property the value of which corresponds to such
proceeds and laundered property.
2-4…
Article 4 – Investigative and provisional measures
1. Each Party shall adopt such legislative and other measures as may be necessary to enable
it to identify, trace, freeze or seize rapidly property which is liable to confiscation pursuant to Article
3, in order in particular to facilitate the enforcement of a later confiscation.
Article 5 – Freezing, seizure and confiscation
1 Each Party shall adopt such legislative and other measures as may be necessary to ensure
that the measures to freeze, seize and confiscate also encompass:
a the property into which the proceeds have been transformed or converted;
b property acquired from legitimate sources, if proceeds have been intermingled, in whole or
in part, with such property, up to the assessed value of the intermingled proceeds;
c income or other benefits derived from proceeds, from property into which proceeds of crime
have been transformed or converted or from property with which proceeds of crime have been
intermingled, up to the assessed value of the intermingled proceeds, in the same manner and to
the same extent as proceeds.
The obligations under the 2005 Convention, and to an extent the earlier 1990 Convention, are
clear and mirror many of the key obligations under UNCAC and UNTOC and other relevant
international legal norms. Article 3 of the 2005 Convention requires the States parties to the
Convention to create a legal structure that provides for the confiscation of proceeds of crime,
instrumentalities and proceeds or property the value of the proceeds. It also provides a legal
remedy to provisionally freeze, or “lock-down” proceeds in all their manifestations as a means of
securing assets for future confiscation orders. Ukraine’s efforts to provide a structure for
provisional orders are dealt with under Article 167 of the CPC.
Article 4 provides a critical focus on the need for investigative and provisional measures to assist in
the identification of such proceeds and to prevent their dissipation. This aspect of the struggle to
identify and secure proceeds for a seizing order, and eventually confiscation, is often missed or
simply not fully understood in many legal systems. It remains a core part of any effort to establish
an effective system of recovery to the proceeds of crime. This element of the equation appears to
be missing from the current Ukrainian reforms, or certainly it is not apparent from the materials
provided by the Ukrainian authorities3
.
Article 5, a thoughtful provision, identifies the problems that exist in any proceeds of crime
legislation that has to deal with those assets into which the assets have been converted or where
there has been some intermingling of proceeds with other assets.

2
A full copy of the Convention can be found at:
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=198&CL=ENG
3
Article 7 – Investigative powers and techniques – of the 2005 Convention provides more detailed provisions on ideally
what a Convention signatory should aspire to.
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3. EXAMINATION OF THE KEY LEGAL PROVISIONS
Despite the international initiatives in place, these are largely ineffective without some level of
sincere effort at a national level to deal with the issues that are raised in this complex area. Any
national government determined to create a fair and just society has to tackle the proceeds of
crime and ensure that crime does not pay. The proceeds of crime remain the financial lifeblood of
all criminal activity and organised crime in particular – without the opportunity to make money and
profit most crime would largely disappear.
There has been a growing realisation in the last ten years that leaving illegal assets in the hands of
criminals is not an option as it funds further criminal activity, leading to a cycle of crime that
plagues entire societies. Allied to this realisation is the recognition that the prosecution of criminals
is no longer enough. To leave criminals with their illegally acquired gains leaves them free to return
to their criminal enterprises, and eventually it undermines the rule of law.
Many national governments have been slow in tackling the proceeds of crime issue. For many it
has been either the complexity of the task in hand or simply a lack of genuine political will, or
indeed both. As a result many criminal justice systems have to date been ill equipped to deal with
proceeds of crime. Typically, courts have been reluctant or simply ignorant of powers to order the
recovery of assets following conviction.
Ukraine’s commitment to enacting a new legal and procedural structure for the recovery of the
proceeds of criminal activity is a positive momentum. It is unknown what the track record of the law
enforcement community in Ukraine to date has been in using the old legal procedures but one
assumes that the rate of recovery of assets has been slow.
With regard to the specific new draft law amendments it is perhaps noteworthy that that Ukraine
has chosen to make specific amendments to the existing CC, Chapter XIV, Other Measures of
Criminal Legal Nature , rather than a free standing law on the issue.
It appears that Article 96 of the CC is a supplement to the CC and sets the outline of the
amendments that follow. Any confiscation regime should be organised around the concept of the
confiscation of proceeds of crime, and should aim to provide a power to confiscate any property
that is derived from or obtained, directly or indirectly, following the commission of an offence. With
these criteria in mind Article 96 of the CC reads as follows:
Article 96
Special confiscation
1. Special confiscation is a compulsory non-compensated seizure into the state ownership of
money, valuables and other property, based on court decision in cases defined by this Code and
provided a crime or socially dangerous act with elements of a crime foreseen by the Special Part of
this Code is committed.
Article 96
Cases when special confiscation is applied
2. The special confiscation is applied when money, valuables or other property
1) were acquired as a result of committing a crime and/or are profits from such property;
2) were intended (used) to convince a person to commit a crime, to finance and/or to
materially support a crime or to financially reward its committing;
3) were objects of a crime excluding those to be returned to the owner or legitimate holder
or, when they were not identified, become the property of the state;
4) were found, manufactured, adapted or used as means or tools for committing a crime
except those to be returned to the owner who did not know and might not know about
their illegal use.
8
What appears to be clear from the outset is that Ukraine has opted for an object-based criminal
confiscation system, as opposed to a possible value-based confiscation system.
The structure of the provision appears to provide for confiscation of the proceeds of crime to be a
criminal sanction as opposed to any form of reparative or restorative measure, and does not seem
to provide for any civil forfeiture, or in rem procedure where the emphasis is upon seizure of the
proceeds themselves regardless of a criminal proceeding against an individual.
Object confiscation systems are built upon the relationship between the offence and the property
and it constitutes a transfer of property to the State, while value confiscation consists of an
imposition to pay a certain amount of money, usually equivalent to the undue advantage or benefit
from criminal conduct, in whatsoever form it is given or received. An object-based system also has
procedures for the confiscation of the instrumentalities of crime.
The only problem with enacting the object-based criminal confiscation system is that the state can
struggle to seize and confiscate proceeds that have been consumed or spent or where they cannot
be traced, will escape confiscation. There may also be a situation in which the suspect conceals
the proceeds within a company or legal entity. In such circumstances the suspect can relatively
easily transfer proceeds and therefore no longer be technically in possession. This then begs a
question about the sufficiency of corporate criminal liability and whether it is drawn in a narrow
manner that might prevent the state from seeking to seize and confiscate the proceeds.
What is also notable is the use of language by Ukraine in creating the key provisions. There is no
explanation as to what “special confiscation” is and how it might differ from “confiscation”. There
appears to be some confusion in the use of terms that merits some further explanation.
Furthermore, one assumes that the phrase “provided a crime or socially dangerous act with
elements of a crime foreseen by the Special Part of this Code is committed” receives some further
clarification in the CC or CPC.
2. In case when money, valuables and other property mentioned in paragraph 1 of this Article
were in full or in part converted into another property, the fully or partially converted property shall
be subject to the special confiscation. If at the time of the court decision on special confiscation the
confiscation of money, valuables and property mentioned in paragraph 1 of this Article is not
possible because of consumption or impossibility to separate from other property acquired legally,
or disposal or because of other reasons, the court shall take the decision to confiscate the amount
of money equal to the value of such property.
Paragraph 2 appears to create a system of value based recovery. Critically a value based
confiscation system can be enforced against money or assets that may not be directly connected
in any way with criminal activity, but rather acquired with the criminal proceeds. The importance is
that as a result there is no need to trace the exact assets obtained through the offence but rather to
determine what value may have been gained and confiscate that value from any available assets
that belong to the suspect or over which the offender exercises some level of control.
Furthermore, as collection rates are traditionally quite low in many courtiers with proceeds of crime
laws in place, in part because suspects set out to obstruct and overturn the effect of restraint and
confiscation orders, the use of value based tools can improve collection rates.
Value based confiscation systems have become popular as a result in many countries although
many jurisdictions of a civil law legal tradition, such as Ukraine, have tended to see a value based
confiscation system as a subsidiary alternative to more traditional object based confiscation
systems. Adopting both systems and using them alternatively represents a sensible use of the
legal tools that are available.
3. Special confiscation shall be applied also in the cases when a person is not subject to
criminal responsibility because of non-attainment of the age at which the criminal responsibility
9
may be applied, or because of irresponsibility or is discharged from criminal liability on the grounds
foreseen by this Code.
It is very rare to see confiscation regimes extended to minors. This is also true of someone who is
not fit to stand trial for reasons of mental incapacity, for example, which is what is assumed to be
meant by the phrase “irresponsibility”. Such measures are unlikely to survive human rights
challenges which the Ukrainian authorities must be aware of.
The phrase “discharged from criminal liability on the grounds foreseen by this Code” is important
as it suggests that Ukraine intends to implement an in rem, or a non-conviction based, confiscation
system. In rem or non-conviction based forfeiture systems, as they are also known, do not require
a formal criminal conviction of the suspect and are growing in popularity4
. They can be a very
valuable tool for recovering the proceeds and instrumentalities of any crime, particularly in cases
where the proceeds are transferred abroad, or when the suspect is dead, has fled the jurisdiction,
or is immune from prosecution. This is important in the more challenging cases such as those
involving serious corruption allegations involving high level public officials.
4. Money, Valuables and other property mentioned in this Article, transferred by the person who
committed a crime or a socially dangerous act foreseen by the Special Part of this Code, to
another physical or legal person shall be subject to the special confiscations in case the person
who acquired the property knew or should have known that such property had been acquired as a
result of committing a crime or a socially dangerous act with elements of a crime.
This provision covers the passing of “property” to others, which is a sensible provision to have in
place so that legal title cannot pass to others who have some level of culpable knowledge. The
addition of “or should have known” is particularly important as many third parties plead ignorance
of the material facts but often have a level of knowledge, in a sense turning a blind eye to the truth,
which does not negate responsibility or indeed liability. It is undoubtedly true that the ability to
deprive a criminal of the home that he built for his family, if the proceeds of crime, has a truly
powerful effect upon serious criminals.
It would be helpful to know what provisions exist under the Ukrainian CC and CCP on the liability of
legal persons as the provision makes reference to the transfer to a legal person (see
recommendation 5).
5. Special confiscation shall not be applied to money, valuables and other property mentioned
in this Article which, according to the law, shall be restituted to the owner or legitimate holder or
intended for the compensation of damages caused by crime.
The provision is an important counter balance in the general sweep of powers in any proceeds of
crime law. The ability of those to whom title passes in acquiring assets that may be the proceeds of
criminal activity to contest their confiscation based on bona fide grounds is important. The
paragraph does not though seem to propose any particular system that assesses whether the title
has passed to the owner of the property in a bona fide manner. One assumes that there will be a
procedure in place that allows the state to at least ask the question of the current holders of title so
as to establish that they have acquired the proceeds in a bona fide manner.

4
See the NCB guide at the World Bank/StAR –
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTPUBLICSECTORANDGOVERNANCE/0,,contentMDK:2201
3562~pagePK:64168445~piPK:64168309~theSitePK:286305,00.html.
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4. OTHER KEY PROVISIONS
Article 96 appears to have the effect of superseding all previous references to any form of
confiscation across many articles of the CC, as provided by the Ukraine government.
The CPC also has a number of key amendments that support the CC (text in bold denotes the
proposed amendments).
Article 91. Circumstances to be proved in criminal proceedings
1. The following shall be proved in criminal proceedings:
1) occurrence of criminal offence (when, where, how a criminal offence has been
committed and under what circumstances);
2) degree of guilt of the accused in the commission of criminal offence, form of guilt,
motive and purpose of the criminal offense;
3) type and amount of damage caused by criminal offence, as well as amount of
procedural expenses;
4) circumstances which aggravate, mitigate the committed criminal offense, characterize
the person of the accused, toughen or mitigate punishment, preclude criminal liability or
shall be grounds for terminating the criminal proceedings;
5) circumstances that shall be grounds for relief from criminal liability or punishment;
6) circumstances that prove that money, valuables or other property that is subject
to special confiscation were acquired as a result of committing a crime and/or
are profits from such property; or were intended (used) to convince a person to
commit a crime, to finance and/or to materially support a crime or to financially
reward its committing; or were objects of a crime including crimes related to
illegal circulation of such property; or were found, manufactured, adapted or
used as means or tools for committing a crime.
2. Proving consists in collecting, examining and evaluating evidence in order to establish
circumstances that are important for criminal proceedings’.
Paragraph 6 is essentially a repeat of the wording in Article 96 of the CC. Article 91 (2) does
however provide some insight into the requisite levels of proof needed to establish that proceeds
are the product of criminal offending. “Proving” is described as (2) …Proving consists in collecting,
examining and evaluating evidence in order to establish circumstances that are important for
criminal proceedings.
This does not make it clear as to whether there are any circumstances in which the prosecutor or
the judge can invoke a reversal of the burden of proof to assist in this identification process. Indeed
any reading of the above paragraph suggests that the entire burden rests upon the state.
This is likely to be problematic in cases where suspects have deployed sophisticated means to
attempt to disguise their treatment and disposal of assets. Many jurisdictions have devised
strategies that in certain difficult circumstances and in order to facilitate the determination of the
origin of proceeds can reverse the burden of proof thus requiring the party laying claim to an asset
suspected to be the proceeds of a crime to prove their lawful ownership of the asset, albeit usually
to a lesser standard than that required of the prosecutor. A reversal of the burden of proof in such
circumstances needs to be distinguished from a reversal of the burden of proof regarding the
elements of the offence, which is directly linked with the presumption of innocence.
11
Article 167. Grounds for provisional seizure of property (shaded emphasis added)
“1. Provisional seizure of property means actual deprivation of the suspect or of the
holder of the property mentioned in paragraph 2 of this Article of the possibility to possess,
use, and dispose of the property till the issue of attachment or return of property is decided.
2. The property in the form of objects, documents, money, etc. may be provisionally seized if
there is sufficient grounds for the belief that such property:
1) has been found, fabricated, adapted, or used as means or instruments of the
commission of criminal offence and/or preserved signs of it;
2) was intended (used) to induce a person to the commission of criminal offence, or to
finance and/or provide material support to or as a reward for its commission;
3) has been a subject of a criminal offence including those related to its illegal circulation;
4) has been gained as a result of commission of criminal offence and/or is proceeds of
such, including the property to which it was converted”.
A vital complement of any policy aimed at depriving offenders from the proceeds of their illegal
actions is a system of preliminary measures to seize, freeze or otherwise immobilize property for
the purposes of a subsequent confiscation. Article 167 provides for the provisional seizure of
proceeds of crime until ‘the issue of attachment or return of property is decided’. The provision is
seemingly broad in its scope.
The 2005 Convention also requires implementing systems to have in place a system of
administering property and other proceeds until a court or other competent authority decides its
fate. The Ukrainian law remains silent on the issue of the management of confiscated assets. The
international norms are not. Article 6 of the 2005 Convention on the “Management of frozen or
seized property” provides that;
Each Party shall adopt such legislative or other measures as may be necessary to ensure proper
management of frozen or seized property in accordance with Articles 4 and 5 of this Convention.
A system that purports to confiscate the proceeds of crime requires a policy and a legal structure
to match in place to ensure that such assets are managed in an effective manner thus preserving
their value.
Furthermore, the Draft Law and its numerous amendments also appear to be missing other key
issues.
For example, there is no reference at all to international cooperation mechanisms. Much of the
profit from serious crime is moved overseas. It is typically invested in bank accounts, properties
and other assets. This problem is increasing with the ease of global transactions and simply serves
to create complexity and delay in any investigations.
Furthermore, there is almost no reference to which agencies will undertake this confiscation work.
The experience of other jurisdictions is that pursuing confiscation more rigorously, including the
establishment of a dedicated agency for that purpose, suggests that such initiatives rapidly cover
their costs and begin generating an operating surplus. For example, the US Asset Forfeiture
Reinvigoration Programme has returned a surplus of up to €120 million annually. In view of the
relatively small net increases in budgetary costs anticipated in creating such dedicated bodies, and
the potential benefits in terms of contributing to increased fairness and confidence in the rule of
law, increased efficiency of policing and reduced overall long-term growth in acquisitive crime, a
specialised agency may well prove to be cost effective.
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5. CONCLUSIONS AND LIST OF RECOMMENDATIONS
The current efforts of Ukrainian authorities to introduce amendments to the Criminal and Criminal
Procedure Codes with regard to the confiscation of criminal proceeds are to be supported. For
compliance with the Council of Europe and other international standards it is recommended to
consider and incorporate the following key aspects:
Recommendation 1 – the Draft Law amendments should be clear in their terminology in terms of
their consistency with the basic concept of a crime as already defined by the Criminal Code.
Recommendation 2 – the Draft Law should be amended to reflect with certainty that it also covers
situations where the indirect acquisition of proceeds or assets is criminalised.
Recommendation 3 – Wording of Article 96 (3) should be made much clearer in order to clarify
precisely what it is intending to achieve. If indeed it intends to extend the confiscation regime as
described, then that will open the Article, and perhaps the Draft Law, up to judicial challenge as
such measures cannot be consistent with international human rights law.
Recommendation 4 – Clarify whether Article 96 (3) intends to implement an in rem or nonconviction
based confiscation system and if it does, there should be explicit criteria set out, or
properly cross referenced, to ensure that the provision is clear. Such provisions despite being a
useful tool are often the subject of considerable judicial scrutiny, including again international
human rights standards on the right to property, for example.
Recommendation 5 – the Draft Law needs to be clear how the confiscation regime can trace
transfers of proceeds of crime into a legal person and cross reference to appropriate sections of
the CC or CPC that deal with the liability of legal persons. If there is no such provision then it
largely leaves this text as redundant in law. If there is such a provision, the Ukrainian authorities
must issue guidance as to how they intend to achieve this difficult process.
Recommendation 6 – the Draft Law should allow provisional measures, such as seizure to be
carried out without prior notice in order to prevent any dealing, transfer or disposal of property
subject to confiscation.
Recommendation 7 – the Draft Law and appropriate sections of the CPC should make clear the
process as to how third parties prove their lawful title and bona fide status to suspected proceeds
and whether in fact the State carries the burden of proof in such circumstances.
Recommendation 8 – the Draft Law should have considered some provision for a means of
managing assets and proceeds that are placed under a provisional freezing, or restraint, order. In
these early phases it is important that assets, particularly if they are perishable or difficult to
manage, such as a business, and may lose value very quickly, are properly managed. In many
jurisdictions there are designated departments within the judiciary or the prosecutor’s office, or
even entirely separate offices, which have this responsibility.
Recommendation 9 – the Draft Law, either in specific articles or in appropriate text elsewhere,
should also articulate in clear terms how Ukraine intends to implement the complex provisions that
are contained in the new Draft Law and which agencies will be given the mandate to undertake the
tasks created, and how it intends to provide sufficient funding and resources to allow such
agency/ies to perform effectively.
13
6. APPENDIX I
The English translation of the Draft Law and Comparative table with current provisions and
proposed amendments to the Criminal Code and the Code of Criminal Procedure have been
provided by the Ukrainian authorities.
14
6.1 Draft Law “On amendment of the Criminal Code and the Code of Criminal Procedure
of Ukraine as regards the improvement of procedure of forfeiture”
15
16
17
18
19
20
21
22
23
24
6.2 Appendix: Draft amendments to be introduced to the Criminal Code of Ukraine and Criminal Procedure Code of Ukraine by the
Law of Ukraine “On Special Confiscation”
Criminal Code of Ukraine
Current version Suggested Amendments
Chapter XIV.
COMPULSORY MEDICAL MEASURES AND COMPULSORY
TREATMENT
Chapter XIV.
OTHER MEASURES OF CRIMINAL LEGAL NATURE
Article 961
Special confiscation
1. Special confiscation is a compulsory non-compensated seizure
into the state ownership of money, valuables and other property, based on
court decision in cases defined by this Code and provided a crime or
socially dangerous act with elements of a crime foreseen by the Special
Part of this Code is committed.
“Article 962
Cases when special confiscation is applied
2. The special confiscation is applied when money, valuables or
other property
1) were acquired as a result of committing a crime and/or are profits
from such property;
2) were intended (used) to convince a person to commit a crime, to
finance and/or to materially support a crime or to financially reward its
committing;
3) were objects of a crime excluding those to be returned to the
owner or legitimate holder or, when they were not identified, become the
property of the state;
4) were found, manufactured, adapted or used as means or tools for
committing a crime except those to be returned to the owner who did not
know and might not know about their illegal use.
2. In case when money, valuables and other property mentioned in
paragraph 1 of this Article were in full or in part converted into another
property, the fully in partially converted property shall be subject to the
25
special confiscation. If at the time of the court decision on special
confiscation the confiscation of money, valuables and property mentioned
in paragraph 1 of this Article is not possible because of consumption or
impossibility to separate from other property acquired legally, or disposal
or because of other reasons, the court shall take the decision to confiscate
the amount of money equal to the value of such property.
3. Special confiscation shall be applied also in the cases when a
person is not subject to criminal responsibility because of non-attainment
of the age at which the criminal responsibility may be applied, or because
of irresponsibility or is discharged from criminal liability on the grounds
foreseen by this Code.
4. Money, Valuables and other property mentioned in this Article,
transferred by the person who committed a crime or a socially dangerous
act foreseen by the Special Part of this Code, to another physical or legal
person shall be subject to the special confiscations in case the person who
acquired the property knew or should have known that such property had
been acquired as a result of committing a crime or a socially dangerous
act with elements of a crime.
5. Special confiscation shall not be applied to money, valuables and
other property mentioned in this Article which, according to the law, shall
be restituted to the owner or legitimate holder or intended for the
compensation of damages caused by crime.
Article 158. Forgery of election documents, referendum documents or
falsification of election returns, providing false information to the
authority of the State register of voters or falsification of information
of the State Register of voters
1. Illegal manufacture, storage or use of knowingly illegally made election
ballots, absentee ballot blanks, ballots for voting in a referendum, –
shall be punishable by a fine of two hundred to four hundred tax-free
Article 158. Forgery of election documents, referendum documents or
falsification of election returns, providing false information to the
authority of the State register of voters or falsification of information
of the State Register of voters
1. Illegal manufacture, storage or use of knowingly illegally made election
ballots, absentee ballot blanks, ballots for voting in a referendum, –
shall be punishable by a fine of two hundred to four hundred tax-free
26
minimum income or correctional labor up to two years, or restraint of
liberty for 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 period of one to three years.
2. Forgery of electoral documents, documents of the referendum, and as
well as the use of knowingly falsified election documents, referendum
documents, committed by member of the electoral commission,
referendum commission, by the candidate, his authorized representative,
authorized person of the political party (bloc), a member of referendum
initiative group, –
shall be punishable by a fine of three hundred to six hundred tax-free
minimum incomes or restraint of liberty for a term of one 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 period of one to three
years.
3. Forgery of electoral documents, documents of the referendum, as well
as the use of knowingly falsified election documents, referendum
documents, committed member of the electoral commission, referendum
commission, the candidate, his authorized representative, authorized
person of the political party (bloc), a member of the referendum initiative
group, which influenced the election returns at a polling station or within
the electoral district, or has led to the impossibility to define the
expression of voters at a polling station or in the relevant election
(Referendum), –
shall be punishable by restraint of liberty for a term of three to five years
or imprisonment for the same term with the deprivation of the right
occupy certain positions or engage in certain activities for a period of one
to three years.
4. Illegal transfer to the other person of ballot by voter, –
minimum income or correctional labor up to two years, or restraint of
liberty for 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 period of one to three years.
2. Forgery of electoral documents, documents of the referendum, and as
well as the use of knowingly falsified election documents, referendum
documents, committed by member of the electoral commission,
referendum commission, by the candidate, his authorized representative,
authorized person of the political party (bloc), a member of referendum
initiative group, –
shall be punishable by a fine of three hundred to six hundred tax-free
minimum incomes or restraint of liberty for a term of one 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 period of one to three
years.
3. Forgery of electoral documents, documents of the referendum, as well
as the use of knowingly falsified election documents, referendum
documents, committed member of the electoral commission, referendum
commission, the candidate, his authorized representative, authorized
person of the political party (bloc), a member of the referendum initiative
group, which influenced the election returns at a polling station or within
the electoral district, or has led to the impossibility to define the
expression of voters at a polling station or in the relevant election
(Referendum), –
shall be punishable by restraint of liberty for a term of three to five years
or imprisonment for the same term with the deprivation of the right
occupy certain positions or engage in certain activities for a period of one
to three years.
4. Illegal transfer to the other person of ballot by voter, –
27
shall be punishable by restraint of liberty for a term of one to three years
or imprisonment for the same term with the deprivation of the right
occupy certain positions or engage in certain activities for a period of one
to three years.
5. Stealing or hiding the ballot, ballot for voting in a referendum or
election protocol or protocol of the referendum commission or ballot
boxes with illegal damage or destruction of ballot boxes, –
shall be punishable by a fine of two hundred to four hundred tax-free
minimum incomes or restraint of liberty up to two years, with deprivation
of the right to occupy certain positions or engage in certain activities for
up to two years.
6. Stealing or hiding the ballot, ballot for voting in a referendum or
election protocol or protocol of the referendum commission or ballot
boxes with illegal damage or destruction of ballot boxes, which affected
the results of voting at the polling place or within constituency, or led to
the impossibility to define the will of the voters at the polling station or in
the respective elections (referendum), –
shall be punishable by a fine of up to four hundred tax-free minimum
income or restraint of liberty for 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 period of two to three years.
7. Signing the protocol or protocol of the election referendum commission
before the final vote count or determination of voting results or inclusion
of unrecorded election ballots or ballots for voting in a referendum to the
ballots used when voting, or substitution of real ballots with marked by
voters or citizens who have right to participate in the referendum, or
unlawful change of the protocol after its filling, or theft or concealment of
the ballot, ballot for voting in referendum, election protocol or protocol of
shall be punishable by restraint of liberty for a term of one to three years
or imprisonment for the same term with the deprivation of the right
occupy certain positions or engage in certain activities for a period of one
to three years.
5. Stealing or hiding the ballot, ballot for voting in a referendum or
election protocol or protocol of the referendum commission or ballot
boxes with illegal damage or destruction of ballot boxes, –
shall be punishable by a fine of two hundred to four hundred tax-free
minimum incomes or restraint of liberty up to two years, with deprivation
of the right to occupy certain positions or engage in certain activities for
up to two years.
6. Stealing or hiding the ballot, ballot for voting in a referendum or
election protocol or protocol of the referendum commission or ballot
boxes with illegal damage or destruction of ballot boxes, which affected
the results of voting at the polling place or within constituency, or led to
the impossibility to define the will of the voters at the polling station or in
the respective elections (referendum), –
shall be punishable by a fine of up to four hundred tax-free minimum
income or restraint of liberty for 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 period of two to three years.
7. Signing the protocol or protocol of the election referendum commission
before the final vote count or determination of voting results or inclusion
of unrecorded election ballots or ballots for voting in a referendum to the
ballots used when voting, or substitution of real ballots with marked by
voters or citizens who have right to participate in the referendum, or
unlawful change of the protocol after its filling, or theft or concealment of
the ballot, ballot for voting in referendum, election protocol or protocol of
28
the referendum commission or ballot box with, or unlawful destruction or
deterioration of the ballot box, which led to the impossibility to determine
the will of voters or to establish the referendum results, committed by
member of the electoral commission, referendum commission, –
shall be punishable by a fine of seven hundred to a thousand tax-free
minimum incomes or restraint 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 occupy certain positions or engage in certain activities for a term
of two to three years.
8. Intentional providing by member of election commission or referendum
commission to the citizen the possibility to vote for another person or vote
more than once during the voting or giving ballot paper or ballot for
voting in the referendum to a person who is not included in the list of
voters (people who have right to participate in the referendum) in the
respective polling station (section of the referendum), or providing the
voter with filled ballot (ballot for voting in a referendum), –
shall be punishable by restraint 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 occupy certain positions or engage in certain activities for a period
of two to three years.
9. Intentional providing of false information to the Authority of State
Register of Voters, –
shall be punishable by a fine of fifty to two hundred tax-free minimum
incomes.
10. The action provided for in paragraph 9 of this article committed by
official using official position, as well as order of inclusion of false
information to database of the State Voter Register, issued by an official
of the Authority of the State Register of voters, –
the referendum commission or ballot box with, or unlawful destruction or
deterioration of the ballot box, which led to the impossibility to determine
the will of voters or to establish the referendum results, committed by
member of the electoral commission, referendum commission, –
shall be punishable by a fine of seven hundred to a thousand tax-free
minimum incomes or restraint 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 occupy certain positions or engage in certain activities for a term
of two to three years.
8. Intentional providing by member of election commission or referendum
commission to the citizen the possibility to vote for another person or vote
more than once during the voting or giving ballot paper or ballot for
voting in the referendum to a person who is not included in the list of
voters (people who have right to participate in the referendum) in the
respective polling station (section of the referendum), or providing the
voter with filled ballot (ballot for voting in a referendum), –
shall be punishable by restraint 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 occupy certain positions or engage in certain activities for a period
of two to three years.
9. Intentional providing of false information to the Authority of State
Register of Voters, –
shall be punishable by a fine of fifty to two hundred tax-free minimum
incomes.
10. The action provided for in paragraph 9 of this article committed by
official using official position, as well as order of inclusion of false
information to database of the State Voter Register, issued by an official
of the Authority of the State Register of voters, –
29
shall be punishable by a fine of up to four hundred tax-free minimum
incomes or restraint of liberty for up to five years, or imprisonment up to
three years, with deprivation of the right to occupy certain positions or
engage in certain activities for a term of one to three years.
11. Intentional insertion of untruthful information to the database of the
state register of voters, unauthorized actions with the information
contained in the database of the state register of voters or other
unauthorized interference in the work of the state register of voters
committed by a person who is entitled to access the information, or any
other person through unauthorized access to database of the state register
of voters, –
shall be punishable by a fine of six hundred to one thousand tax-free
minimum incomes, or restraint of liberty for a term of two to five years, or
imprisonment up to three years, with deprivation of the right to occupy
certain positions or engage in certain activities for a period of one to three
years and with seizure software and hardware, with which was committed
an unauthorized interference, which are the property of the guilty person.
12. Actions provided for in parts ninth – eleventh of this article, that have
influenced the results of voting at polling station or within the electoral
district, or led to impossible to determine the will of the voters at the
polling station or in the respective elections, and committed by prior
agreement of group of persons, –
shall be punishable by restraint 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 occupy certain positions or engage in certain activities for a period
of two to three years and with seizure software and hardware, with which
was committed an unauthorized interference, which are the property of the
guilty person.
shall be punishable by a fine of up to four hundred tax-free minimum
incomes or restraint of liberty for up to five years, or imprisonment up to
three years, with deprivation of the right to occupy certain positions or
engage in certain activities for a term of one to three years.
11. Intentional insertion of untruthful information to the database of the
state register of voters, unauthorized actions with the information
contained in the database of the state register of voters or other
unauthorized interference in the work of the state register of voters
committed by a person who is entitled to access the information, or any
other person through unauthorized access to database of the state register
of voters, –
shall be punishable by a fine of six hundred to one thousand tax-free
minimum incomes, or restraint of liberty for a term of two to five years, or
imprisonment up to three years, with deprivation of the right to occupy
certain positions or engage in certain activities for a period of one to three
years and with seizure software and hardware, with which was committed
an unauthorized interference, which are the property of the guilty person.
12. Actions provided for in parts ninth – eleventh of this article, that have
influenced the results of voting at polling station or within the electoral
district, or led to impossible to determine the will of the voters at the
polling station or in the respective elections, and committed by prior
agreement of group of persons, –
shall be punishable by restraint 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 occupy certain positions or engage in certain activities for a period
of two to three years and with seizure software and hardware, with which
was committed an unauthorized interference, which are the property of the
guilty person.
30
Article 176. Violation of copyright and allied rights
1. Illegal reproduction or distribution of scientific, literary, or art works,
computer software or databases, and also illegal reproduction, distribution
of performances, phonograms and broadcast programs, making their
illegal copies and distribution on audio and video tapes, disks, and other
media, or other violation of copyright and allied rights, where such actions
caused a significant pecuniary loss, –
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture and destruction of all copies of works,
material media with computer software, databases, performances,
phonograms, broadcast programs, and the equipment and material
designated for their production and reproduction.
2. The same actions, if repeated or upon their prior conspiracy of a group
of persons, or where they caused a gross pecuniary loss, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term of two to five years, with the forfeiture and destruction of all copies
of works, material media with computer software, databases,
performances, phonograms, broadcast programs, and the equipment and
material designated for their production and reproduction.
3. Any such actions as provided for by paragraph 1 or 2 of this Article,
where committed by an official through abuse of office or by organized
group of persons, or where they caused a especially gross pecuniary loss, –
shall be punishable by a fine of 2000 to 3000 tax-free minimum incomes,
or imprisonment for a term of three to six years, with or without the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture and
Article 176. Violation of copyright and allied rights
1. Illegal reproduction or distribution of scientific, literary, or art works,
computer software or databases, and also illegal reproduction, distribution
of performances, phonograms and broadcast programs, making their
illegal copies and distribution on audio and video tapes, disks, and other
media, or other violation of copyright and allied rights, where such actions
caused a significant pecuniary loss, –
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture and destruction of all copies of works,
material media with computer software, databases, performances,
phonograms, broadcast programs, and the equipment and material
designated for their production and reproduction.
2. The same actions, if repeated or upon their prior conspiracy of a group
of persons, or where they caused a gross pecuniary loss, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term of two to five years, with the forfeiture and destruction of all copies
of works, material media with computer software, databases,
performances, phonograms, broadcast programs, and the equipment and
material designated for their production and reproduction.
3. Any such actions as provided for by paragraph 1 or 2 of this Article,
where committed by an official through abuse of office or by organized
group of persons, or where they caused a especially gross pecuniary loss, –
shall be punishable by a fine of 2000 to 3000 tax-free minimum incomes,
or imprisonment for a term of three to six years, with or without the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture and
31
destruction of all copies of works, material media with computer software,
databases, performances, phonograms, broadcast programs, and the
equipment and material designated for their production and reproduction.
Note: A pecuniary loss shall be deemed as significant under Articles 176
and 177 of this Code, if its amount exceeds 20 tax-free minimum incomes,
a gross pecuniary loss is caused where its amount exceeds 200 tax-free
minimum incomes, and especially gross pecuniary loss is caused where its
amount exceeds 1000 tax-free minimum incomes.
(Article 176 in version of Law No 850-IV (850-15) of 22.05.2003; as
amended by Laws No 3423-IV (3423-15) of 09.02.2006, No 1111-V (
1111-16 ) of 31.05.2007)
destruction of all copies of works, material media with computer software,
databases, performances, phonograms, broadcast programs, and the
equipment and material designated for their production and reproduction.
Note: A pecuniary loss shall be deemed as significant under Articles 176
and 177 of this Code, if its amount exceeds 20 tax-free minimum incomes,
a gross pecuniary loss is caused where its amount exceeds 200 tax-free
minimum incomes, and especially gross pecuniary loss is caused where its
amount exceeds 1000 tax-free minimum incomes.
(Article 176 in version of Law No 850-IV (850-15) of 22.05.2003; as
amended by Laws No 3423-IV (3423-15) of 09.02.2006, No 1111-V (
1111-16 ) of 31.05.2007)
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 for them, or violation of other rights in
relation to these objects, where such actions caused a significant
pecuniary loss, –
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture and destruction of illegally made products
and the equipment and material designated for their production.
2. The same actions, if repeated, or committed by a group of persons upon
their prior conspiracy or where they caused a gross pecuniary loss, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term of two to five years, with the forfeiture and destruction of illegally
made products and the equipment and material designated for their
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 for them, or violation of other rights in
relation to these objects, where such actions caused a significant
pecuniary loss, –
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture and destruction of illegally made products
and the equipment and material designated for their production.
2. The same actions, if repeated, or committed by a group of persons upon
their prior conspiracy or where they caused a gross pecuniary loss, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term of two to five years, with the forfeiture and destruction of illegally
made products and the equipment and material designated for their
32
production.
3. Actions specified in paragraph 1 and 2 of this Article, committed by an
official through abuse of office or by organized group of persons, or
where they caused a especially gross pecuniary loss,
shall be punishable by a fine of 2000 to 3000 tax-free minimum incomes,
or imprisonment for a term of three to six years, with or without
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture and
destruction of illegally made products and the equipment and material
designated for their production.
(Article 177 in version of Law No 850-IV (850-15) of 22.05.2003; as
amended by Laws No 3423-IV (3423-15) of 09.02.2006, No 1111-V
(1111-16) of 31.05.2007)
production.
3. Actions specified in paragraph 1 and 2 of this Article, committed by an
official through abuse of office or by organized group of persons, or
where they caused a especially gross pecuniary loss,
shall be punishable by a fine of 2000 to 3000 tax-free minimum incomes,
or imprisonment for a term of three to six years, with or without
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture and
destruction of illegally made products and the equipment and material
designated for their production.
(Article 177 in version of Law No 850-IV (850-15) of 22.05.2003; as
amended by Laws No 3423-IV (3423-15) of 09.02.2006, No 1111-V
(1111-16) of 31.05.2007)
Article 201. Smuggling
1. Smuggling, that is the movement of goods across the customs border of
Ukraine bypassing the customs control or by concealing from the customs
control, if committed in respect of cultural values, poisonous, strong,
radioactive or explosive substances, weapons and ammunition (except
smoothbore hunting guns and ammunition thereto), special technical
means for illegal obtaining of information –
shall be punishable by imprisonment for a term of three to seven years
with the forfeiture of smuggled items.
2. The same actions committed by a group of persons upon their prior
conspiracy, or by a person previously convicted of the criminal offense
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 the forfeiture of smuggled items and forfeiture of property.
Article 201. Smuggling
1. Smuggling, that is the movement of goods across the customs border of
Ukraine bypassing the customs control or by concealing from the customs
control, if committed in respect of cultural values, poisonous, strong,
radioactive or explosive substances, weapons and ammunition (except
smoothbore hunting guns and ammunition thereto), special technical
means for illegal obtaining of information –
shall be punishable by imprisonment for a term of three to seven years
with the forfeiture of smuggled items.
2. The same actions committed by a group of persons upon their prior
conspiracy, or by a person previously convicted of the criminal offense
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 the forfeiture of smuggled items and forfeiture of property.
33
Note: Smuggling of goods is committed in respect of large amounts if the
value of such goods equals or exceeds 1000 tax-free minimum incomes.
Article 2031
. Illicit disks circulation for laser reading systems,
matrices, equipment and raw materials for their production
1. Illegal manufacture, export, import, storage, sale and movement of
disks for laser reading systems, matrices, equipment and materials for
their production, if these actions were taken in large amounts, –
shall be punishable by a fine of 3000 to 5000 tax-free minimum incomes
with the confiscation and destruction of disks for laser reading systems,
matrices, equipment or raw materials for their production.
2. The same actions, if committed repeatedly or upon prior conspiracy of a
group of people, or taken in large amounts –
shall be punishable by a fine of 5000 to 10 000 tax-free minimum incomes
with confiscation and destruction of disks for laser systems reading,
matrices, equipment or raw materials for their production.
Note. Significant amounts shall mean the value of disks for laser reading
systems, matrices, equipment or raw materials for their production that
equal or exceeds 20 tax-free minimum incomes, large amounts – the value
of disks for laser reading systems, matrices, equipment or raw materials
for their production, that equals or exceeds 100 tax-free minimum income.
Article 203-1. Illicit disks circulation for laser reading systems,
matrices, equipment and raw materials for their production
1. Illegal manufacture, export, import, storage, sale and movement of
disks for laser reading systems, matrices, equipment and materials for
their production, if these actions were taken in large amounts, –
shall be punishable by a fine of 3000 to 5000 tax-free minimum incomes
with the confiscation and destruction of disks for laser reading systems,
matrices, equipment or raw materials for their production.
2. The same actions, if committed repeatedly or upon prior conspiracy of a
group of people, or taken in large amounts –
shall be punishable by a fine of 5000 to 10 000 tax-free minimum incomes
with confiscation and destruction of disks for laser systems reading,
matrices, equipment or raw materials for their production.
Note. Significant amounts shall mean the value of disks for laser reading
systems, matrices, equipment or raw materials for their production that
equal or exceeds 20 tax-free minimum incomes, large amounts – the value
of disks for laser reading systems, matrices, equipment or raw materials
for their production, that equals or exceeds 100 tax-free minimum income.
Article 2032
. Gambling business
1. Gambling business –
Shall be punished by a fin e of 10 000 to 40 000 tax-free minimum
incomes with confiscation of gambling equipment.
2. The same actions, if committed by a person previously convicted of
gambling business –
Article 203
2
. Gambling business
1. Gambling business –
Shall be punished by a fin e of 10 000 to 40 000 tax-free minimum
incomes with confiscation of gambling equipment.
2. The same actions, if committed by a person previously convicted of
gambling business –
34
Shall be punished by a fine of 40 000 to 50 000 tax-free minimum
incomes with confiscation of gambling equipment.
Shall be punished by a fine of 40 000 to 50 000 tax-free minimum
incomes with confiscation of gambling equipment.
Article 204. Unlawful manufacturing, storage, sale or transportation
for selling purposes of excisable goods
1. Unlawful purchase or storage for selling purposes, or sale, or
transportation for selling purposes of illegally manufactured alcohol,
tobacco or any other excisable goods, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes
with the forfeiture of illegally manufactured goods and manufacturing
equipment.
2. Illegal manufacturing of alcohol, tobacco and other excisable goods by
establishing clandestine shops or use of equipment for mass production of
such goods, or where it was committed by a person previously convicted
under this article, –
shall be punishable by a fine of 3000 to 10 000 tax-free minimum incomes
with forfeiture of goods so produced and manufacturing equipment.
3. Illegal manufacturing of goods specified in paragraphs 1 and 2 of this
Article using raw material of poor quality which pose threat to human life
and health, or illegal sale of such products, where it caused poisoning of
people or any other grave consequences, –
shall be punishable by imprisonment for a term of five to ten years with
forfeiture and destruction of goods so manufactured and forfeiture of
manufacturing equipment.
Article 204. Unlawful manufacturing, storage, sale or transportation
for selling purposes of excisable goods
1. Unlawful purchase or storage for selling purposes, or sale, or
transportation for selling purposes of illegally manufactured alcohol,
tobacco or any other excisable goods, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes
with the forfeiture of illegally manufactured goods and manufacturing
equipment.
2. Illegal manufacturing of alcohol, tobacco and other excisable goods by
establishing clandestine shops or use of equipment for mass production of
such goods, or where it was committed by a person previously convicted
under this article, –
shall be punishable by a fine of 3000 to 10 000 tax-free minimum incomes
with forfeiture of goods so produced and manufacturing equipment.
3. Illegal manufacturing of goods specified in paragraphs 1 and 2 of this
Article using raw material of poor quality which pose threat to human life
and health, or illegal sale of such products, where it caused poisoning of
people or any other grave consequences, –
shall be punishable by imprisonment for a term of five to ten years with
forfeiture and destruction of goods so manufactured and forfeiture of
manufacturing equipment.
Article 209. Legalization (laundering) of criminally obtained money
and other property
Article 209. Legalization (laundering) of criminally obtained money
and other property
35
1. Effecting financial transactions and other deals involving money or
other property known to be proceeds from socially dangerous criminal
offenses prior to legalization (laundering) of incomes, and committing
acts aimed at covering up the illegal origin of such money or other
property or their ownership, the rights to such money or property, their
origin, location, transfer, as well as obtaining, holding or use of money or
other property known to be proceeds from socially dangerous criminal
offenses prior to legalization (laundering) of incomes, –
shall be punishable by imprisonment for a term of three to six years, with
the deprivation of the right to occupy certain positions or engage in certain
activities for a term up to two years, and with the forfeiture of criminally
obtained money and other property and forfeiture of property.
2. The same actions provided for by paragraph 1 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
or in respect of gross amounts, –
shall be punishable by imprisonment of seven to twelve years, with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, with the forfeiture of criminally
obtained money and other property and forfeiture of property.
3. Actions provided for by paragraphs 1 and 2 of this article, committed
by an organized group or in especially large amounts, –
shall be punishable by imprisonment for a term of eight to fifteen years
with the deprivation of the right to occupy certain positions or engage in
certain activities for up to three years with the confiscation of money or
other illegally obtained property and with the forfeiture of property.
Note. 1. Socially dangerous illicit action that preceded the legalization
(laundering) of profits according to this article, is an action for which the
1. Effecting financial transactions and other deals involving money or
other property known to be proceeds from socially dangerous criminal
offenses prior to legalization (laundering) of incomes, and committing
acts aimed at covering up the illegal origin of such money or other
property or their ownership, the rights to such money or property, their
origin, location, transfer, as well as obtaining, holding or use of money or
other property known to be proceeds from socially dangerous criminal
offenses prior to legalization (laundering) of incomes, –
shall be punishable by imprisonment for a term of three to six years, with
the deprivation of the right to occupy certain positions or engage in certain
activities for a term up to two years, and with the forfeiture of criminally
obtained money and other property and forfeiture of property.
2. The same actions provided for by paragraph 1 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
or in respect of gross amounts, –
shall be punishable by imprisonment of seven to twelve years, with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, with the forfeiture of criminally
obtained money and other property and forfeiture of property.
3. Actions provided for by paragraphs 1 and 2 of this article, committed
by an organized group or in especially large amounts, –
shall be punishable by imprisonment for a term of eight to fifteen years
with the deprivation of the right to occupy certain positions or engage in
certain activities for up to three years with the confiscation of money or
other illegally obtained property and with the forfeiture of property.
Note. 1. Socially dangerous illicit action that preceded the legalization
(laundering) of profits according to this article, is an action for which the
36
Criminal Code of Ukraine provides for sentence of imprisonment or fine
for over 3000 tax-free minimum incomes (except for actions under articles
212 and 212-1 of the Criminal Code of Ukraine), or actions, committed
outside Ukraine, if it is recognized as a socially dangerous illicit action
that preceded the legalization (laundering) of profits under the criminal
law of the country where it has been committed and a crime under the
Criminal Code of Ukraine and as the result of which is the illegally
obtained income.
2. Legalization (laundering) of proceeds obtained in an illegal way is
considered to be committed in large amounts, if the matter of a crime was
money or other property in the amount that equals or exceeds 6000 taxfree
minimum incomes.
3. Legalization (laundering) of proceeds of crime way is considered to be
committed in especially large amounts, if the matter of the crime was
money or other property in the amount that equals or exceeds 18000 taxfree
minimum incomes.
Criminal Code of Ukraine provides for sentence of imprisonment or fine
for over 3000 tax-free minimum incomes (except for actions under articles
212 and 212-1 of the Criminal Code of Ukraine), or actions, committed
outside Ukraine, if it is recognized as a socially dangerous illicit action
that preceded the legalization (laundering) of profits under the criminal
law of the country where it has been committed and a crime under the
Criminal Code of Ukraine and as the result of which is the illegally
obtained income.
2. Legalization (laundering) of proceeds obtained in an illegal way is
considered to be committed in large amounts, if the matter of a crime was
money or other property in the amount that equals or exceeds 6000 taxfree
minimum incomes.
3. Legalization (laundering) of proceeds of crime way is considered to be
committed in especially large amounts, if the matter of the crime was
money or other property in the amount that equals or exceeds 18000 taxfree
minimum incomes.
Article 216. Illegal production, counterfeiting, use or sale of illegally
produced, acquired or counterfeit documentary stamps or check
stamps
1. Illegal production, counterfeiting, use or sale of illegally produced,
acquired or counterfeit documentary stamps or check stamps for labeling
of packages of copies of audiovisual works and phonograms, videograms,
computer programs, databases or holographic protection elements, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes.
2. The same actions, if repeated, or committed by a group of persons upon
prior conspiracy, –
shall be punishable by a fine of 3000 to 5000 tax-free minimum incomes
Article 216. Illegal production, counterfeiting, use or sale of illegally
produced, acquired or counterfeit documentary stamps or check
stamps
1. Illegal production, counterfeiting, use or sale of illegally produced,
acquired or counterfeit documentary stamps or check stamps for labeling
of packages of copies of audiovisual works and phonograms, videograms,
computer programs, databases or holographic protection elements, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes.
2. The same actions, if repeated, or committed by a group of persons upon
prior conspiracy, –
shall be punishable by a fine of 3000 to 5000 tax-free minimum incomes
37
with the forfeiture of goods labeled with counterfeit labels or holographic
protection elements.
with the forfeiture of goods labeled with counterfeit labels or holographic
protection elements.
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 intentional violation of the rights to these
objects, and if this caused a significant pecuniary damage, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes
with the confiscation and destruction of the products and tools and
materials that are specifically used for its production.
2. The same actions committed repeatedly or by a group of persons upon
their prior conspiracy, or where they caused an especially gross pecuniary
damage –
shall be punishable by a fine of 3000 to 10 000 tax-free minimum incomes
with confiscation and destruction of the products and tools and materials
that are specifically used for its production.
3. Actions envisaged by paragraph 1 or 2 of this Article committed by an
official abusing his/her position or an organized group or if they caused
pecuniary damage on a large scale,-
shall be punishable by a fine of 10 000 to 15 000 tax-free minimum
incomeswith the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to three years, and the
confiscation and destruction of the products and tools and materials that
are specifically used for its production.
Note. The pecuniary damage shall be deemed as significant if it equals or
exceeds 20 tax-free minimum incomes; the pecuniary damage shall be
deemed as large if it equals or exceeds 200 tax-free minimum incomes;
the pecuniary damage shall be deemed as especially large if it equals or
exceeds 1000 tax-free minimum incomes.
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 intentional violation of the rights to these
objects, and if this caused a significant pecuniary damage, –
shall be punishable by a fine of 1000 to 2000 tax-free minimum incomes
with the confiscation and destruction of the products and tools and
materials that are specifically used for its production.
2. The same actions committed repeatedly or by a group of persons upon
their prior conspiracy, or where they caused an especially gross pecuniary
damage –
shall be punishable by a fine of 3000 to 10 000 tax-free minimum incomes
with confiscation and destruction of the products and tools and materials
that are specifically used for its production.
3. Actions envisaged by paragraph 1 or 2 of this Article committed by an
official abusing his/her position or an organized group or if they caused
pecuniary damage on a large scale,-
shall be punishable by a fine of 10 000 to 15 000 tax-free minimum
incomeswith the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to three years, and the
confiscation and destruction of the products and tools and materials that
are specifically used for its production.
Note. The pecuniary damage shall be deemed as significant if it equals or
exceeds 20 tax-free minimum incomes; the pecuniary damage shall be
deemed as large if it equals or exceeds 200 tax-free minimum incomes;
the pecuniary damage shall be deemed as especially large if it equals or
exceeds 1000 tax-free minimum incomes.
Article 240. Violation of rules related to the protection of mineral
resources
1. Violation of prescribed rules related to the protection of mineral
Article 240. Violation of rules related to the protection of mineral
resources
1. Violation of prescribed rules related to the protection of mineral
38
resources, where it exposed human life and health or environment to
danger, –
shall be punishable by a fine of 300 to 600 tax-free minimum incomes, or
restraint of liberty for a term 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 400 to 700 tax-free minimum incomes, or
restraint of liberty for a term up to three years, or imprisonment for the
same term.
3. The acts provided for in paragraphs 1 and 2 of this Article, if repeated,
or committed repeatedly within the territory or facilities of natural
resource conservation area, –
Shall be punishable by restraint of liberty for a term of two to five years,
or imprisonment for the same term, with forfeiture of illegally mined
resources and mining equipment.
4. The acts provided for in paragraphs 1, 2 and 3 of this Article,
committed by means of setting fire, explosion or by any other generally
dangerous method, or where it caused an death of people, their massive
spread of disease among them, or any other grave consequences, –
shall be punishable by imprisonment for a term of five to eight years,
with the forfeiture of illegally mined resources and mining equipment.
resources, where it exposed human life and health or environment to
danger, –
shall be punishable by a fine of 300 to 600 tax-free minimum incomes, or
restraint of liberty for a term 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 400 to 700 tax-free minimum incomes, or
restraint of liberty for a term up to three years, or imprisonment for the
same term.
3. The acts provided for in paragraphs 1 and 2 of this Article, if repeated,
or committed repeatedly within the territory or facilities of natural
resource conservation area, –
Shall be punishable by restraint of liberty for a term of two to five years,
or imprisonment for the same term, with forfeiture of illegally mined
resources and mining equipment.
4. The acts provided for in paragraphs 1, 2 and 3 of this Article,
committed by means of setting fire, explosion or by any other generally
dangerous method, or where it caused an death of people, their massive
spread of disease among them, or any other grave consequences, –
shall be punishable by imprisonment for a term of five to eight years,
with the forfeiture of illegally mined resources and mining equipment.
Article 244. Violation of law on the continental shelf of Ukraine
1. Violation of law on the continental shelf of Ukraine, where it caused
significant damage, and also failure of a person responsible for the
Article 244. Violation of law on the continental shelf of Ukraine
1. Violation of law on the continental shelf of Ukraine, where it caused
significant damage, and also failure of a person responsible for the
39
operation of technological installations or other sources of risk in a safety
zone to take measures for the protection of sea life against hazardous
effect of waste or radiation and energy, where it exposed sea life or human
life or health to danger, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
restraint of liberty for a term up to three years, or imprisonment for a term
up to two years, with or without the forfeiture of all instruments utilized
by the culprit to commit this offense.
2. Exploration, prospecting and mining of natural resources or any other
operations on the continental shelf of Ukraine carried out by foreign
nationals, unless they comply with an agreement concluded between
Ukraine and a foreign country concerned, consent to the binding character
of which was granted by the Verkhovna Rada (Parliament) of Ukraine, or
by a special permit issued in a manner prescribed by law, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or
arrest for a term up to six months, with the forfeiture of equipment.
operation of technological installations or other sources of risk in a safety
zone to take measures for the protection of sea life against hazardous
effect of waste or radiation and energy, where it exposed sea life or human
life or health to danger, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
restraint of liberty for a term up to three years, or imprisonment for a term
up to two years, with or without the forfeiture of all instruments utilized
by the culprit to commit this offense.
2. Exploration, prospecting and mining of natural resources or any other
operations on the continental shelf of Ukraine carried out by foreign
nationals, unless they comply with an agreement concluded between
Ukraine and a foreign country concerned, consent to the binding character
of which was granted by the Verkhovna Rada (Parliament) of Ukraine, or
by a special permit issued in a manner prescribed by law, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or
arrest for a term up to six months, with the forfeiture of equipment.
Article 246. Illegal cutting of forests
Illegal cutting of trees and shrubs in forests, forest shelter-belts and other
forest implantation, where it caused significant damage, and also any such
acts committed in national parks or territories and sites of natural
conservation, or in other specially protected forests,
shall be punishable by a fine of 50 of 100 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, or imprisonment for the same term, with the forfeiture of the
proceeds of crime.
Article 246. Illegal cutting of forests
Illegal cutting of trees and shrubs in forests, forest shelter-belts and other
forest implantation, where it caused significant damage, and also any such
acts committed in national parks or territories and sites of natural
conservation, or in other specially protected forests,
shall be punishable by a fine of 50 of 100 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, or imprisonment for the same term, with the forfeiture of the
proceeds of crime.
Article 248. Illegal hunting
1. Violation of rules related to hunting, where it caused a substantial
damage, and also illegal hunting in national parks or any territories and
sites of natural conservation, or hunting for animals, birds or other species
Article 248. Illegal hunting
1. Violation of rules related to hunting, where it caused a substantial
damage, and also illegal hunting in national parks or any territories and
sites of natural conservation, or hunting for animals, birds or other species
40
listed in the Red Book of Ukraine, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
community service for a term of 160 to 240 hours, or restraint of liberty
for a term up to three years, with the forfeiture of the hunting tools and all
proceeds.
2. The same acts committed by an official through abuse of office, or by a
group of persons upon their prior conspiracy, or by a method that caused
mass destruction of animals, birds, or any other species, or by use of
vehicles, or by a person previously convicted of the offense created by
this Article, –
shall be punishable by a fine of 200 to 400 tax-free minimum incomes, or
restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of hunting tools and proceeds.
Note: For the purpose of this Article, substantial damage, if it implies
causing material loss, shall mean damage that equals or exceeds 250 taxfree
minimum incomes.
listed in the Red Book of Ukraine, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
community service for a term of 160 to 240 hours, or restraint of liberty
for a term up to three years, with the forfeiture of the hunting tools and all
proceeds.
2. The same acts committed by an official through abuse of office, or by a
group of persons upon their prior conspiracy, or by a method that caused
mass destruction of animals, birds, or any other species, or by use of
vehicles, or by a person previously convicted of the offense created by
this Article, –
shall be punishable by a fine of 200 to 400 tax-free minimum incomes, or
restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of hunting tools and proceeds.
Note: For the purpose of this Article, substantial damage, if it implies
causing material loss, shall mean damage that equals or exceeds 250 taxfree
minimum incomes.
Article 249. Illegal fishing or hunting or any other sea hunting
industry
1. Illegal fishing or hunting or any other sea hunting industry that caused
significant damage, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
restraint of liberty for a term up to three years, with the forfeiture of tools
and proceeds.
2. The same acts committed 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
offense created by this Article, –
shall be punishable with a fine of 200 to 400 tax-free minimum incomes,
or restraint of liberty for a term up to three years, or imprisonment for the
Article 249. Illegal fishing or hunting or any other sea hunting
industry
1. Illegal fishing or hunting or any other sea hunting industry that caused
significant damage, –
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or
restraint of liberty for a term up to three years, with the forfeiture of tools
and proceeds.
2. The same acts committed 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
offense created by this Article, –
shall be punishable with a fine of 200 to 400 tax-free minimum incomes,
or restraint of liberty for a term up to three years, or imprisonment for the
41
same term, with the forfeiture of tools and proceeds. same term, with the forfeiture of tools and proceeds.
Article 300. Importation, making or distribution of works that
propagandize violence and cruelty, racial, national or religious
intolerance and discrimination
1. Importation into Ukraine for sale or distribution purposes, or making,
storage, transportation or other movement for the same purposes, or sale
or distribution of works that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and also compelling
others to participate in creation of such works, –
shall be punishable by a fine up to 150 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, with the forfeiture of works that propagandize violence and
cruelty, racial, national or religious intolerance and discrimination, and
means of their making and distribution.
2. The same actions in regard to motion pictures and video films that
propagandize violence and cruelty, racial, national or religious intolerance
and discrimination, and also selling works that propagandize violence and
cruelty, racial, national or religious intolerance and discrimination, to
minors or disseminating such works among minors, –
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or
restraint of liberty for a term up to five years, with the forfeiture of motion
pictures and video films that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and means of their
making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
and also compelling minors to participate in the creation of works that
propagandize violence and cruelty, racial, national or religious intolerance
and discrimination, –
Article 300. Importation, making or distribution of works that
propagandize violence and cruelty, racial, national or religious
intolerance and discrimination
1. Importation into Ukraine for sale or distribution purposes, or making,
storage, transportation or other movement for the same purposes, or sale
or distribution of works that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and also compelling
others to participate in creation of such works, –
shall be punishable by a fine up to 150 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, with the forfeiture of works that propagandize violence and
cruelty, racial, national or religious intolerance and discrimination, and
means of their making and distribution.
2. The same actions in regard to motion pictures and video films that
propagandize violence and cruelty, racial, national or religious intolerance
and discrimination, and also selling works that propagandize violence and
cruelty, racial, national or religious intolerance and discrimination, to
minors or disseminating such works among minors, –
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or
restraint of liberty for a term up to five years, with the forfeiture of motion
pictures and video films that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and means of their
making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
and also compelling minors to participate in the creation of works that
propagandize violence and cruelty, racial, national or religious intolerance
and discrimination, –
42
shall be punishable by imprisonment of three to five years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of works, motion
pictures and video films that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and means of their
making and showing.
shall be punishable by imprisonment of three to five years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of works, motion
pictures and video films that propagandize violence and cruelty, racial,
national or religious intolerance and discrimination, and means of their
making and showing.
Article 301. Importation, making, sale or distribution of
pornographic items
1. Importation into Ukraine for sale or distribution purposes, or making,
transportation or other movement for the same purposes, or sale or
distribution of pornographic images or other items, and also compelling
others to participate in their making, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, with the forfeiture of pornographic images or other items and
means of their making and distribution.
2. The same actions committed in regard to pornographic motion pictures
and video films, or computer programs, also selling pornographic images
or other items to minors or disseminating such images and items among
them, –
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or
restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of pornographic motion pictures and video
films and means of their making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
or aimed at obtaining big profit, –
Article 301. Importation, making, sale or distribution of
pornographic items
1. Importation into Ukraine for sale or distribution purposes, or making,
transportation or other movement for the same purposes, or sale or
distribution of pornographic images or other items, and also compelling
others to participate in their making, –
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or
arrest for a term up to six months, or restraint of liberty for a term up to
three years, with the forfeiture of pornographic images or other items and
means of their making and distribution.
2. The same actions committed in regard to pornographic motion pictures
and video films, or computer programs, also selling pornographic images
or other items to minors or disseminating such images and items among
them, –
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or
restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of pornographic motion pictures and video
films and means of their making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if
repeated, or committed by a group of persons upon their prior conspiracy,
or aimed at obtaining big profit, –
43
shall be punishable by imprisonment of three to seven years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
4. Acts provided for in paragraphs 1 and 2 of this Article committed in
regard to pornographic works, images or other items containing child
pornography, or compelling minors to participate in making pornographic
works, images or motion and video films, computer programs, –
shall be punishable by imprisonment of five to ten years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
5. Acts provided for in paragraphs 1 and 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 of seven to twelve years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
Note: Gaining big profit takes place when its amount equals or exceeds
200 tax-free minimum incomes.
shall be punishable by imprisonment of three to seven years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
4. Acts provided for in paragraphs 1 and 2 of this Article committed in
regard to pornographic works, images or other items containing child
pornography, or compelling minors to participate in making pornographic
works, images or motion and video films, computer programs, –
shall be punishable by imprisonment of five to ten years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
5. Acts provided for in paragraphs 1 and 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 of seven to twelve years with the
deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years and forfeiture of pornographic items,
motion pictures, video films, computer programs, and means of their
making, dissemination and showing.
Note: Gaining big profit takes place when its amount equals or exceeds
200 tax-free minimum incomes.
Article 305. Smuggling of narcotics, psychotropic substances, their
analogues or precursors
1. Smuggling of narcotics, psychotropic substances, their analogues or
Article 305. Smuggling of narcotics, psychotropic substances, their
analogues or precursors
1. Smuggling of narcotics, psychotropic substances, their analogues or
44
precursors, or falsified medicaments that is their movement across the
customs border of Ukraine outside the customs control or by concealing
from the customs control, –
shall be punishable by imprisonment of five to eight years with the
forfeiture of smuggled narcotics or psychotropic substances, their
analogues, precursors or falsified medicaments.
2. The same actions, if repeated, or committed by a group of persons upon
their prior conspiracy, and also where these actions involved especially
dangerous narcotics or psychotropic substances, their analogues or
precursors or falsified medicaments in large amounts, –
shall be punishable by imprisonment for a term of eight to ten years with
the forfeiture of smuggled narcotics or psychotropic substances, their
analogues or precursors or falsified medicaments, and forfeiture of
property.
3. Smuggling of narcotics, psychotropic substances, their analogues or
precursors or falsified medicaments committed by an organized group,
and also where smuggling involved narcotics or psychotropic substances,
their analogues or precursors or falsified medicaments in especially large
amounts, –
shall be punishable by imprisonment for the term of ten to twelve years
with the forfeiture of smuggled narcotics or psychotropic substances, their
analogues or precursors or falsified medicaments, and forfeiture of
property.
Note: For the purposes of this Chapter, “large” and “especially large”
amounts of narcotics or psychotropic substances, their analogues or
precursors, or falsified medicaments as well as poisonous or potent
substances, or poisonous or potent medicines or falsified medicaments
shall be determined by the relevant health authority together with the
precursors, or falsified medicaments that is their movement across the
customs border of Ukraine outside the customs control or by concealing
from the customs control, –
shall be punishable by imprisonment of five to eight years with the
forfeiture of smuggled narcotics or psychotropic substances, their
analogues, precursors or falsified medicaments.
2. The same actions, if repeated, or committed by a group of persons upon
their prior conspiracy, and also where these actions involved especially
dangerous narcotics or psychotropic substances, their analogues or
precursors or falsified medicaments in large amounts, –
shall be punishable by imprisonment for a term of eight to ten years with
the forfeiture of smuggled narcotics or psychotropic substances, their
analogues or precursors or falsified medicaments, and forfeiture of
property.
3. Smuggling of narcotics, psychotropic substances, their analogues or
precursors or falsified medicaments committed by an organized group,
and also where smuggling involved narcotics or psychotropic substances,
their analogues or precursors or falsified medicaments in especially large
amounts, –
shall be punishable by imprisonment for the term of ten to twelve years
with the forfeiture of smuggled narcotics or psychotropic substances, their
analogues or precursors or falsified medicaments, and forfeiture of
property.
Note: For the purposes of this Chapter, “large” and “especially large”
amounts of narcotics or psychotropic substances, their analogues or
precursors, or falsified medicaments as well as poisonous or potent
substances, or poisonous or potent medicines or falsified medicaments
shall be determined by the relevant health authority together with the
45
authority responsible for state policy on drugs circulation. authority responsible for state policy on drugs circulation.
Article 306. Use of proceeds from trafficking in narcotics,
psychotropic substances, their analogues and precursors
1. Placing proceeds from trafficking in narcotics, psychotropic substances,
their analogues or precursors or poisonous or potent substances, or
poisonous or potent medicines, into banks, enterprises, institutions,
organizations and their divisions, or purchasing facilities and property
designated for privatization, or industrial and other equipment, or using
these proceeds and property to continue trafficking in narcotics,
psychotropic substances, their analogues or precursors, –
shall be punishable by imprisonment for a term of seven to twelve years,
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years, with the forfeiture of money
and other property known to be proceeds from crime, and with the
forfeiture of property.
2. Any such actions as provided for by paragraph 1 of this Article, if
repeated, or committed by a group of persons upon prior conspiracy, or in
respect of gross amounts, –
shall be punishable by imprisonment for a term of eight to fifteen years
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years with the forfeiture of money
and other property known to be proceeds from crime, and with the
forfeiture of property.
Note: The gross amount shall mean the amount that equals or exceeds 200
tax-free minimum incomes.
Article 306. Use of proceeds from trafficking in narcotics,
psychotropic substances, their analogues and precursors
1. Placing proceeds from trafficking in narcotics, psychotropic substances,
their analogues or precursors or poisonous or potent substances, or
poisonous or potent medicines, into banks, enterprises, institutions,
organizations and their divisions, or purchasing facilities and property
designated for privatization, or industrial and other equipment, or using
these proceeds and property to continue trafficking in narcotics,
psychotropic substances, their analogues or precursors, –
shall be punishable by imprisonment for a term of seven to twelve years,
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years, with the forfeiture of money
and other property known to be proceeds from crime, and with the
forfeiture of property.
2. Any such actions as provided for by paragraph 1 of this Article, if
repeated, or committed by a group of persons upon prior conspiracy, or in
respect of gross amounts, –
shall be punishable by imprisonment for a term of eight to fifteen years
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years with the forfeiture of money
and other property known to be proceeds from crime, and with the
forfeiture of property.
Note: The gross amount shall mean the amount that equals or exceeds 200
tax-free minimum incomes.
Article 3211
. Counterfeiting of medicines or circulation of counterfeit
medicines.
1. Manufacture, purchase, transportation, sending, storage for the purpose
Article 3211
. Counterfeiting of medicines or circulation of counterfeit
medicines.
1. Manufacture, purchase, transportation, sending, storage for the purpose
46
of sale or distribution of obviously counterfeit medicines –
shall be punished by imprisonment for a term of three to five years with
confiscation of counterfeit medicines, raw materials and equipment for
their manufacture.
2. The same actions committed repeatedly or by previous concert of a
group of persons, or in large amounts, or if they have caused protracted
injury to health of the person, as well as the production of counterfeit
drugs –
shall be punished by imprisonment for a term of five to eight years, with
confiscation of counterfeit medicines, raw materials, equipment for their
production and property.
3. Actions, stipulated by the first or second part of this article, if they
caused death of a person or other grave consequences, or committed in
particularly large amount –
shall be punished by imprisonment for a term of eight to ten years, or
imprisonment for life, with the confiscation of counterfeit medicines, raw
materials, equipment for their production and property.
4. A person who voluntarily surrendered counterfeit medicines and
indicated the source of their acquisition or contributed to the disclosure of
crimes related to their trafficking, is exempted from criminal liability for
acquisition, transport, transfer or storage with the purpose of selling,
distribution of obviously counterfeit medicines, their importation into the
territory of Ukraine, export from the territory of Ukraine and transit
through its territory (as mentioned in the first part of this article, if such
actions has not created a threat to the life or dealth of the people).
of sale or distribution of obviously counterfeit medicines –
shall be punished by imprisonment for a term of three to five years with
confiscation of counterfeit medicines, raw materials and equipment for
their manufacture.
2. The same actions committed repeatedly or by previous concert of a
group of persons, or in large amounts, or if they have caused protracted
injury to health of the person, as well as the production of counterfeit
drugs –
shall be punished by imprisonment for a term of five to eight years, with
confiscation of counterfeit medicines, raw materials, equipment for their
production and property.
3. Actions, stipulated by the first or second part of this article, if they
caused death of a person or other grave consequences, or committed in
particularly large amount –
shall be punished by imprisonment for a term of eight to ten years, or
imprisonment for life, with the confiscation of counterfeit medicines, raw
materials, equipment for their production and property.
4. A person who voluntarily surrendered counterfeit medicines and
indicated the source of their acquisition or contributed to the disclosure of
crimes related to their trafficking, is exempted from criminal liability for
acquisition, transport, transfer or storage with the purpose of selling,
distribution of obviously counterfeit medicines, their importation into the
territory of Ukraine, export from the territory of Ukraine and transit
through its territory (as mentioned in the first part of this article, if such
actions has not created a threat to the life or dealth of the people).
Article 332. Illegal smuggling of persons across the state border of
Ukraine
Article 332. Illegal smuggling of persons across the state border of
Ukraine
47
1. Illegal smuggling of persons across the state border of Ukraine,
organization of illegal smuggling of persons across the state border of
Ukraine, coordinating or facilitating any such actions by advice,
instructions, provision of means or removal of obstacles, –
shall be punishable by imprisonment for a term of three to five years with
the forfeiture of transport or any other means used to commit the offense.
2. The same actions committed in a manner which was dangerous for the
life or health of ther perons who was illegally smuggled across the state
border of Ukraine, or committed with regard to several persons, or
repeatedly, or committed by a group of persons upon their prior
conspiracy, or by an official abusing his office –
shall be punishable by imprisonment for a term of five to seven years with
the forfeiture of transport or other means used to commit the offense with
or without the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to three years.
3. The actions foreseen by part one and two of this Article committed by
an organized group or for for mercenary motives –
shall be punishable by imprisonment for a term of seven to nine years
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years with the forfeiture of
transport or other means used to commit the offense, and with forfeiture
of property.
1. Illegal smuggling of persons across the state border of Ukraine,
organization of illegal smuggling of persons across the state border of
Ukraine, coordinating or facilitating any such actions by advice,
instructions, provision of means or removal of obstacles, –
shall be punishable by imprisonment for a term of three to five years with
the forfeiture of transport or any other means used to commit the offense.
2. The same actions committed in a manner which was dangerous for the
life or health of ther perons who was illegally smuggled across the state
border of Ukraine, or committed with regard to several persons, or
repeatedly, or committed by a group of persons upon their prior
conspiracy, or by an official abusing his office –
shall be punishable by imprisonment for a term of five to seven years with
the forfeiture of transport or other means used to commit the offense with
or without the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to three years.
3. The actions foreseen by part one and two of this Article committed by
an organized group or for for mercenary motives –
shall be punishable by imprisonment for a term of seven to nine years
with the deprivation of the right to occupy certain positions or engage in
certain activities for a term up to three years with the forfeiture of
transport or other means used to commit the offense, and with forfeiture
of property.
Article 334. Violation of international flights regulations
Flying in or out of Ukraine without an appropriate permit, or failure to
follow the routes, places of landing, air ways, gates or echelons described
in such permit, –
Article 334. Violation of international flights regulations
Flying in or out of Ukraine without an appropriate permit, or failure to
follow the routes, places of landing, air ways, gates or echelons described
in such permit, –
48
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of the aircraft.
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to five years, or imprisonment for the
same term, with the forfeiture of the aircraft.
Article 361. Unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer
networks or telecommunication networks
1. Unauthorized interference with the work of electronic computing
machines (computers), automated systems, computer networks or
telecommunication networks, which led to leak, loss, fake, blocking
information, distortion of the information processing or violation the
established order its routing, –
shall be punishable by a fine of 600 to 1000 tax-free minimum incomes,
or restraint of liberty for a term of two to five years, or imprisonment for a
term of three years, with or without the deprivation of the right to occupy
certain positions or engage in certain activities for a term up to two years,
with the forfeiture of software and hardware, by means of which were
accomplished unauthorized intervention, which are owned by the party in
fault.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage
shall be punishable by imprisonment for a term of three to five years, with
or without the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to two years, with the forfeiture
of software and hardware, by means of which were accomplished
unauthorized intervention, which are owned by the party in fault.
Note. Significant damage under these Articles 361 – 363-1 if it is causing
material damage, shall mean a damage which equals or exceeds 100 taxfree
minimum incomes.
Article 361. Unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer
networks or telecommunication networks
1. Unauthorized interference with the work of electronic computing
machines (computers), automated systems, computer networks or
telecommunication networks, which led to leak, loss, fake, blocking
information, distortion of the information processing or violation the
established order its routing, –
shall be punishable by a fine of 600 to 1000 tax-free minimum incomes,
or restraint of liberty for a term of two to five years, or imprisonment for a
term of three years, with or without the deprivation of the right to occupy
certain positions or engage in certain activities for a term up to two years,
with the forfeiture of software and hardware, by means of which were
accomplished unauthorized intervention, which are owned by the party in
fault.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage
shall be punishable by imprisonment for a term of three to five years, with
or without the deprivation of the right to occupy certain positions or
engage in certain activities for a term up to two years, with the forfeiture
of software and hardware, by means of which were accomplished
unauthorized intervention, which are owned by the party in fault.
Note. Significant damage under these Articles 361 – 363-1 if it is causing
material damage, shall mean a damage which equals or exceeds 100 taxfree
minimum incomes.
Article 361-1. Creation for the purpose of use, dissemination and
distribution of harmful software or hardware, as well as their
dissemination and distribution.
1. Creation for the purpose of use, dissemination and distribution, as well
as dissemination and distribution of harmful software or hardware,
Article 361-1. Creation for the purpose of use, dissemination and
distribution of harmful software or hardware, as well as their
dissemination and distribution.
1. Creation for the purpose of use, dissemination and distribution, as well
as dissemination and distribution of harmful software or hardware,
49
appropriate for unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer networks
or telecommunication networks, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture of software and hardware, appropriate for
unauthorized interference with the work of electronic computing machines
(computers), automated systems, computer, which are owned by the party
in fault.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by imprisonment for a term up to five years, with the
forfeiture of software and hardware, appropriate for unauthorized
interference with the work of electronic computing machines (computers),
automated systems, computer, which are owned by the party in fault.
appropriate for unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer networks
or telecommunication networks, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for the
same term, with the forfeiture of software and hardware, appropriate for
unauthorized interference with the work of electronic computing machines
(computers), automated systems, computer, which are owned by the party
in fault.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by imprisonment for a term up to five years, with the
forfeiture of software and hardware, appropriate for unauthorized
interference with the work of electronic computing machines (computers),
automated systems, computer, which are owned by the party in fault.
Article 361-2. Unauthorized dissemination and distribution of
information with restricted access, which is stored in the electronic
computing machines (computers), automated systems, computer
networks or information-carrying medium.
1. Unauthorized dissemination and distribution of information with
restricted access, which is stored in the electronic computing machines
(computers), automated systems, computer networks or informationcarrying
medium, established and protected in accordance with existing
legislation, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term up to two years, with the forfeiture of software and hardware, by
means of which were accomplished unauthorized distribution or
dissemination of information with restricted access, which are owned by
the party in fault
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by imprisonment for a term of two to five years, with
Article 361-2. Unauthorized dissemination and distribution of
information with restricted access, which is stored in the electronic
computing machines (computers), automated systems, computer
networks or information-carrying medium.
1. Unauthorized dissemination and distribution of information with
restricted access, which is stored in the electronic computing machines
(computers), automated systems, computer networks or informationcarrying
medium, established and protected in accordance with existing
legislation, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, or imprisonment for a
term up to two years, with the forfeiture of software and hardware, by
means of which were accomplished unauthorized distribution or
dissemination of information with restricted access, which are owned by
the party in fault
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by imprisonment for a term of two to five years, with
50
the forfeiture of software and hardware, by means of which were
accomplished unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer, which
are owned by the party in fault.
the forfeiture of software and hardware, by means of which were
accomplished unauthorized interference with the work of electronic
computing machines (computers), automated systems, computer, which
are owned by the party in fault.
Article 362. Unauthorized actions with information, which is
processed in the electronic computing machines (computers),
automated systems, computer networks or saved on the informationcarrying
medium, committed by a person entitled to access to such
information.
1. Unauthorized 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
medium, if it led to leak, committed by a person entitled to access to such
information, –
shall be punishable by a fine of 600 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, with the forfeiture of
software and hardware, by means of which were accomplished
unauthorized distribution alteration, erasure or blocking of information,
which is owned by the party in fault.
2. Unauthorized interception or copying of information, which is
processed in the electronic computing machines (computers), automated
systems, computer networks or stored on the information-carrying
medium if it led to leak, committed by a person entitled to access to such
information, –
shall be punishable by imprisonment for a term up to three years, with the
deprivation of the right to occupy certain positions or engage in certain
activities for the same term, and with the forfeiture of software and
hardware, by means of which were accomplished unauthorized
interception or copying of information, which are owned by the party in
fault.
3. Acts provided for in paragraphs 1 and 2 of this Article, if repeated or
committed by a group of persons upon their prior conspiracy, if they
caused a significant damage, –
Article 362. Unauthorized actions with information, which is
processed in the electronic computing machines (computers),
automated systems, computer networks or saved on the informationcarrying
medium, committed by a person entitled to access to such
information.
1. Unauthorized 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
medium, if it led to leak, committed by a person entitled to access to such
information, –
shall be punishable by a fine of 600 to 1000 tax-free minimum incomes,
or correctional labor for a term up to two years, with the forfeiture of
software and hardware, by means of which were accomplished
unauthorized distribution alteration, erasure or blocking of information,
which is owned by the party in fault.
2. Unauthorized interception or copying of information, which is
processed in the electronic computing machines (computers), automated
systems, computer networks or stored on the information-carrying
medium if it led to leak, committed by a person entitled to access to such
information, –
shall be punishable by imprisonment for a term up to three years, with the
deprivation of the right to occupy certain positions or engage in certain
activities for the same term, and with the forfeiture of software and
hardware, by means of which were accomplished unauthorized
interception or copying of information, which are owned by the party in
fault.
3. Acts provided for in paragraphs 1 and 2 of this Article, if repeated or
committed by a group of persons upon their prior conspiracy, if they
caused a significant damage, –
51
shall be punishable by imprisonment for a term of three to six years, with
the deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture of software
and hardware, by means of which were accomplished unauthorized
actions with information, which are owned by the party in fault.
shall be punishable by imprisonment for a term of three to six years, with
the deprivation of the right to occupy certain positions or engage in certain
activities for a term up to three years, and with the forfeiture of software
and hardware, by means of which were accomplished unauthorized
actions with information, which are owned by the party in fault.
Article 363-1. Impeding the work of electronic computing machines
(computers), automated systems, computer networks or
telecommunication networks by mass distribution of electronic
messages
1. Willful mass distribution of electronic messages, committed without the
prior consent of recipients, which led to disturbance or interruption of
electronic computing machines (computers), automated systems,
computer networks or telecommunication networks, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to three years.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to five years, with the deprivation of
the right to occupy certain positions or engage in certain activities for a
term to three years, and with the forfeiture of software and hardware, by
means of which were accomplished mass distribution of electronic
messages, which are owned by the party in fault.
Article 363-1. Impeding the work of electronic computing machines
(computers), automated systems, computer networks or
telecommunication networks by mass distribution of electronic
messages
1. Willful mass distribution of electronic messages, committed without the
prior consent of recipients, which led to disturbance or interruption of
electronic computing machines (computers), automated systems,
computer networks or telecommunication networks, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to three years.
2. The same actions, if repeated or committed by a group of persons upon
their prior conspiracy, if they caused a significant damage, –
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes,
or restraint of liberty for a term up to five years, with the deprivation of
the right to occupy certain positions or engage in certain activities for a
term to three years, and with the forfeiture of software and hardware, by
means of which were accomplished mass distribution of electronic
messages, which are owned by the party in fault.
52
Criminal Procedure Code of Ukraine
Article 91. Circumstances to be proved in criminal proceedings
1. The following shall be proved in criminal proceedings:
1) occurrence of criminal offence (when, where, how a criminal
offence has been committed and under what circumstances);
2) degree of guilt of the accused in the commission of criminal
offence, form of guilt, motive and purpose of the criminal offense;
3) type and amount of damage caused by criminal offence, as well as
amount of procedural expenses;
4) circumstances which aggravate, mitigate the committed criminal
offense, characterize the person of the accused, toughen or mitigate
punishment, preclude criminal liability or shall be grounds for terminating
the criminal proceedings;
5) circumstances that shall be grounds for relief from criminal
liability or punishment.
2. Proving consists in collecting, examining and evaluating evidence
in order to establish circumstances that are important for criminal
proceedings.
Article 91. Circumstances to be proved in criminal proceedings
1. The following shall be proved in criminal proceedings:
1) occurrence of criminal offence (when, where, how a criminal
offence has been committed and under what circumstances);
2) degree of guilt of the accused in the commission of criminal
offence, form of guilt, motive and purpose of the criminal offense;
3) type and amount of damage caused by criminal offence, as well as
amount of procedural expenses;
4) circumstances which aggravate, mitigate the committed criminal
offense, characterize the person of the accused, toughen or mitigate
punishment, preclude criminal liability or shall be grounds for terminating
the criminal proceedings;
5) circumstances that shall be grounds for relief from criminal
liability or punishment;
6) circumstances that prove that money, valuables or other
property that is subject to special confiscation were acquired as a
result of committing a crime and/or are profits from such property;
or were intended (used) to convince a person to commit a crime, to
finance and/or to materially support a crime or to financially reward
its committing; or were objects of a crime including crimes related to
illegal circulation of such property; or were found, manufactured,
adapted or used as means or tools for committing a crime.
2. Proving consists in collecting, examining and evaluating evidence
in order to establish circumstances that are important for criminal
proceedings.
53
Article 100. Custody of and deciding on physical evidence and
documents
1. Physical evidence transferred to, or seized by, a party to criminal
proceedings shall be returned to its holder as soon as possible, except as
provided for in Articles 160-166, 170-174 of this Code.
2. Physical evidence or a document released voluntary or pursuant to
a court decision shall be kept by the party to criminal proceedings to
which it has been so released. The party to criminal proceedings to which
physical evidence or a document has been provided is required to preserve
it in the state acceptable for the use in criminal proceedings. Physical
evidence that has been obtained or seized by investigator, public
prosecutor shall be examined, photographed and described in detail in the
report of examination. Prosecution shall preserve physical evidence
according to the procedure established by the Cabinet of Ministers of
Ukraine.
3. A document shall be kept throughout all criminal proceedings.
Upon request of the owner of a document, investigator, public prosecutor,
court may issue a copy of this document, and if necessary, the original,
attaching to the criminal proceedings certified copies thereof in their
stead.
4. If the party to criminal proceedings loses or destroys any physical
evidence released thereto, such party is required to provide a similar
object or compensate its cost to the holder. If the party to criminal
proceedings loses or destroys a document released thereto, it is required to
compensate the holder expenses related to the loss or destruction of a
document and production of its duplicate.
5. Physical evidence and documents furnished to the court shall be
kept at the court, except as provided otherwise by the sixth paragraph
below and except for such bulky physical evidence or otherwise requiring
special storage conditions, which may be kept in a different storage
location.
6. Physical evidence, unless it contains signs of a criminal offence,
in the form of items or large lots of goods, where storing it, in view of its
bulkiness or for other reasons, is impossible without excessive difficulty
or where the cost of storing it in special conditions is commensurate with
their value, as well as physical evidence in the form of perishable goods or
products shall be:
1) returned or transferred for safekeeping to its holder if this does
not prejudice the criminal proceedings;
Article 100. Custody of physical evidence and documents and
deciding on special confiscation
1. Physical evidence transferred to, or seized by, a party to criminal
proceedings shall be returned to its holder as soon as possible, except as
provided for in Articles 160-166, 170-174 of this Code.
2. Physical evidence or a document released voluntary or pursuant to
a court decision shall be kept by the party to criminal proceedings to
which it has been so released. The party to criminal proceedings to which
physical evidence or a document has been provided is required to preserve
it in the state acceptable for the use in criminal proceedings. Physical
evidence that has been obtained or seized by investigator, public
prosecutor shall be examined, photographed and described in detail in the
report of examination. Prosecution shall preserve physical evidence
according to the procedure established by the Cabinet of Ministers of
Ukraine.
3. A document shall be kept throughout all criminal proceedings.
Upon request of the owner of a document, investigator, public prosecutor,
court may issue a copy of this document, and if necessary, the original,
attaching to the criminal proceedings certified copies thereof in their
stead.
4. If the party to criminal proceedings loses or destroys any physical
evidence released thereto, such party is required to provide a similar
object or compensate its cost to the holder. If the party to criminal
proceedings loses or destroys a document released thereto, it is required to
compensate the holder expenses related to the loss or destruction of a
document and production of its duplicate.
5. Physical evidence and documents furnished to the court shall be
kept at the court, except as provided otherwise by the sixth paragraph
below and except for such bulky physical evidence or otherwise requiring
special storage conditions, which may be kept in a different storage
location.
6. Physical evidence, unless it contains signs of a criminal offence,
in the form of items or large lots of goods, where storing it, in view of its
bulkiness or for other reasons, is impossible without excessive difficulty
or where the cost of storing it in special conditions is commensurate with
their value, as well as physical evidence in the form of perishable goods or
products shall be:
1) returned or transferred for safekeeping to its owner or legitimate
holder if this does not prejudice the criminal proceedings;
54
Article 167. Grounds for provisional seizure of property
1. Provisional seizure of property means actual deprivation of the
suspect of the possibility to possess, use, and dispose of certain property
till the issue of attachment or return of property is decided.
2. The property in the form of objects, documents, money, etc. may
be provisionally seized if there is sufficient grounds for the belief that
such property:
1) has been found, fabricated, adapted, or used as means or
instruments of the commission of criminal offence and/or preserved signs
of it;
2) has been given to a person to induce him to the commission of
criminal offence, financing and/or providing material support to or as a
reward for its commission;
3) has been a subject of criminal offence related to its illegal
circulation;
4) has been gained as a result of commission of criminal offence, is
proceeds of such or were the target of a criminal offence.
Article 167. Grounds for provisional seizure of property
1. Provisional seizure of property means actual deprivation of
the suspect or of the holder of the property mentioned in paragraph 2
of this Article of the possibility to possess, use, and dispose of the
property till the issue of attachment or return of property is decided.
2. The property in the form of objects, documents, money, etc. may
be provisionally seized if there is sufficient grounds for the belief that
such property:
1) has been found, fabricated, adapted, or used as means or
instruments of the commission of criminal offence and/or preserved signs
of it;
2) was intended (used) to induce a person to the commission of
criminal offence, or to finance and/or provide material support to or as a
reward for its commission;
3) has been a subject of a criminal offence including those related to
its illegal circulation;
4) has been gained as a result of commission of criminal offence
and/or is proceeds of such, including the property to which it was
converted.
Article 169. Terminating provisional seizure of property
1. Provisionally seized property shall be returned to the person from
whom it has been seized:
1) upon public prosecutor’s resolution, if he finds that the seizure
was ill-grounded;
2) Upon ruling of investigating judge or court, if it dismisses public
prosecutor’s motion to attach the property;
3) in cases set forth in paragraph five of Article 171 and paragraph
six of Article 170 of this Code.
Article 169. Terminating provisional seizure of property
1. Provisionally seized property shall be returned to the person from
whom it has been seized:
1) upon public prosecutor’s resolution, if he finds that the seizure
was ill-grounded;
2) Upon ruling of investigating judge or court, if it dismisses public
prosecutor’s motion to attach the property;
3) in cases set forth in paragraph five of Article 171 and paragraph
six of Article 170 of this Code;
4) in case of cancellation of the attachment.
Article 170. Grounds for attachment of property
1. Attachment of property means temporary deprivation of the
suspect, accused person or persons who are civilly liable by law for the
Article 170. Grounds for attachment of property
1. Attachment of property means temporary deprivation of the
suspect, accused person or persons who are civilly liable by law for the
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damage caused through actions of the suspect, accused person or an
insane person who has committed a socially dangerous act, of the
possibility to dispose of certain property by a ruling of the investigating
judge or court, until revocation of such attachment of property, according
to the procedure established by this Code. Pursuant to the requirements of
this Code, attachment of property may also envisage the prohibition for
person whose property has been attached or another person holding
property, to dispose in any way of such property and to use it.
2. Investigating judge or court during trial shall order the attachment
of property of the suspect, accused in the form of objects if there are
sufficient grounds for the belief that such objects meet the criteria
specified in paragraph two of Article 167 of this Code. Furthermore,
where a civil action is granted, the court on a motion of the public
prosecutor or civil plaintiff may decide on attachment of property for the
purpose of securing the civil claim pending validity date of the decision,
unless such measures have not been taken before.
3. Attachment may be ordered against movable and immovable
property, intellectual property rights, money in any currency in cash or
non-cash form, securities, corporate rights which are owned by the
suspect, accused or other person who are civilly liable by law for the
damage caused through actions of the suspect, accused person or an
insane person who has committed a socially dangerous act and stay with
him or with other physical or legal persons to secure possible confiscation
of property or civil action.
4. Ban on use of property as well as ban of disposal of such property
may be applied only in cases where non-application thereof may entail
disappearance, loss of or damage to the property concerned, or other
consequences that may obstruct criminal proceedings.
5. Ban on use of living quarters where any persons reside on
legitimate grounds shall not be tolerated.
damage caused through actions of the suspect, accused person or an
insane person who has committed a socially dangerous act, of the
possibility to dispose of certain property by a ruling of the investigating
judge or court, until revocation of such attachment of property, according
to the procedure established by this Code. Pursuant to the requirements of
this Code, attachment of property may also envisage the prohibition for
person whose property has been attached or another person holding
property, to dispose in any way of such property and to use it.
2. Investigating judge or court during trial shall order the attachment
of property of the suspect, accused in the form of objects if there are
sufficient grounds for the belief that such objects meet the criteria
specified in paragraph two of Article 167 of this Code. Furthermore,
where a civil action is granted, the court on a motion of the public
prosecutor or civil plaintiff may decide on attachment of property for the
purpose of securing the civil claim pending validity date of the decision,
unless such measures have not been taken before.
3. Attachment may be ordered against movable and immovable
property, intellectual property rights, money in any currency in cash or
non-cash form, securities, corporate rights, including those which are
owned by the suspect, accused or other person who are civilly liable by
law for the damage caused through actions of the suspect, accused person
or an insane person who has committed a socially dangerous act and stay
with him or with other physical or legal persons to secure possible
confiscation of property, special confiscation or civil action.
4. Ban on use of property as well as ban of disposal of such property
may be applied only in cases where non-application thereof may entail
disappearance, loss of or damage to the property concerned, or other
consequences that may obstruct criminal proceedings.
5. Ban on use of living quarters where any persons reside on
legitimate grounds shall not be tolerated.
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Article 171. Motion for attachment of property
1. Public prosecutor, investigator upon approval of the public
prosecutor and, with a view to securing a civil action, also a civil plaintiff
may file a motion for the attachment of property with investigating judge,
court.
2. Investigator’s, public prosecutor’s motion for the attachment of
property shall include:
1) grounds for the attachment of property;
2) list and types of property to be attached;
3) documents confirming the title to the property that must be
attached.
The motion shall also be attached originals or copies of documents
and other materials with which investigator, public prosecutor
substantiates his arguments.
3. A motion of a civil plaintiff, investigator, public prosecutor for
attachment of property of the suspect, accused or another person to secure
the civil action shall include:
1) the scope of damage inflicted by criminal offense;
2) evidence that confirms the fact of inflicting damage and the
amount of such damage.
4. The value of property to be attached to secure a civil action shall
be commensurate with the amount of damage caused by criminal offence.
5. Investigator, public prosecutor shall submit motion for the
attachment of provisionally seized property not later than the next day
after the seizure of property, otherwise the property has to be immediately
returned to the person from whom it has been seized.
Article 171. Motion for attachment of property
1. Public prosecutor, investigator upon approval of the public
prosecutor and, with a view to securing a civil action, also a civil plaintiff
may file a motion for the attachment of property with investigating judge,
court.
2. Investigator’s, public prosecutor’s motion for the attachment of
property shall include:
1) grounds for the attachment of property;
2) list and types of property to be attached;
3) documents confirming the title to the property that must be
attached.
The motion shall also be attached originals or copies of documents
and other materials with which investigator, public prosecutor
substantiates his arguments.
3. A motion of a civil plaintiff, investigator, public prosecutor for
attachment of property of the suspect, accused or another person to secure
the civil action shall include:
1) the scope of damage inflicted by criminal offense;
2) evidence that confirms the fact of inflicting damage and the
amount of such damage.
4. The value of property to be attached to secure a civil action shall
be commensurate with the amount of damage caused by criminal offence.
5. Investigator, public prosecutor shall submit motion for the
attachment of provisionally seized property not later than the next day
after the seizure of property, otherwise the property has to be immediately
returned to the person from whom it has been seized.
Article 172. Consideration of a motion for attachment of
property
1. Motion for attachment of property is considered by investigating
judge, court not later than two days after it has been lodged, with
participation of the investigator and/or public prosecutor, civil plaintiff, if
he has filed the motion, suspect, accused, other holder of property, and
also of the defense counsel, legal representative, if any. Failure to appear
Article 172. Consideration of a motion for attachment of
property
1. Motion for attachment of property is considered by investigating
judge, court not later than two days after it has been lodged, with
participation of the investigator and/or public prosecutor, civil plaintiff, if
he has filed the motion, suspect, accused, other holder of property, and
also of the defense counsel, legal representative, if any. Failure to appear
57
by these persons at the court session does not preclude consideration of
the motion.
2. A motion of investigator, public prosecutor, civil plaintiff for the
attachment of property which has not been provisionally seized may be
considered without notifying the suspect, accused, other holder of
property, their defense counsel, representative or legal representative
when this is necessary to ensure attachment of property.
3. Having established that motion for attachment of property has
been filed without compliance with Article 171 of the present Code,
investigating judge, the court returns the motion to public prosecutor or
civil plaintiff for correction of deficiencies, and adopts an appropriate
ruling thereon.
4. During consideration of the motion for attachment of property,
investigating judge may, upon motion of participants to consideration or
proprio motu, hear any witness or examine any materials which are
important for deciding the issue of property attachment.
by these persons at the court session does not preclude consideration of
the motion.
2. A motion of investigator, public prosecutor, civil plaintiff for the
attachment of property which has not been provisionally seized may be
considered without notifying the suspect, accused, other holder of
property, their defense counsel, representative or legal representative
when this is necessary to ensure attachment of property.
3. Having established that motion for attachment of property has
been filed without compliance with Article 171 of the present Code,
investigating judge, the court returns the motion to public prosecutor or
civil plaintiff and defines timeframe sufficient for correction of
deficiencies, and adopts an appropriate ruling thereon. In this case the
provisionally seized property shall be immediately restituted after the
expiry of the timeframe set by the judge and, in case of another motion
after correction of all deficiencies within the timeframe set by the judge –
after consideration of the motion and denial.
4. During consideration of the motion for attachment of property,
investigating judge may, upon motion of participants to consideration or
proprio motu, hear any witness or examine any materials which are
important for deciding the issue of property attachment.
Article 174. Revocation of property attachment
1. The suspect, accused, their defense counsel, legal representative
other owner or possessor of property who were absent during
consideration of the issue of property attachment may file a motion to
revoke property attachment fully or in part. Such motion is considered in
the course of pre-trial investigation by investigating judge, and during
trial, by court.
Property attachment may also be revoked fully or in part by
investigating judge’s ruling in the course of pre-trial investigation or by
court during trial, upon motion of the suspect, accused, their defense
counsel, legal representative or other owner or possessor of property if
they prove that there is no need for continued application of this measure,
or that the attachment was ungrounded.
Article 174. Revocation of property attachment
1. The suspect, accused, their defense counsel, legal representative
other owner or possessor of property who were absent during
consideration of the issue of property attachment may file a motion to
revoke property attachment fully or in part. Such motion is considered in
the course of pre-trial investigation by investigating judge, and during
trial, by court.
Property attachment may also be revoked fully or in part by
investigating judge’s ruling in the course of pre-trial investigation or by
court during trial, upon motion of the suspect, accused, their defense
counsel, legal representative or other owner or possessor of property if
they prove that there is no need for continued application of this measure,
or that the attachment was ungrounded.
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2. Investigating judge, court shall consider the motion to revoke
property attachment within three days after such motion has been received
by court. The person who filed the motion and the person upon whose
motion the property has been attached shall be notified of the time and
place of the consideration of the motion.
3. Public prosecutor shall revoke property attachment concurrently
with adopting a ruling on terminating the criminal proceedings.
4. The court shall concurrently with adopting a judgment in the end
of trial, dispose the issue of revoking property attachment. The court shall
revoke property attachment in particular, in cases of acquittal of the
accused, termination of criminal proceedings by court, non-infliction by
court of punishment in the form of confiscation of property, leaving the
civil action undecided or dismissal of the civil claim.
2. Investigating judge, court shall consider the motion to revoke
property attachment within three days after such motion has been received
by court. The person who filed the motion and the person upon whose
motion the property has been attached shall be notified of the time and
place of the consideration of the motion.
3. Public prosecutor shall revoke property attachment, if the
property is not subject to special confiscation, concurrently with
adopting a ruling on terminating the criminal proceedings.
4. The court shall concurrently with adopting a judgment in the end
of trial, dispose the issue of revoking property attachment. The court shall
revoke property attachment, if the property is not subject to special
confiscation, in particular, in cases of acquittal of the accused,
termination of criminal proceedings by court, non-infliction by court of
punishment in the form of confiscation of property and/or non-application
of special confiscation, leaving the civil action undecided or dismissal of
the civil claim.
Article 374. Contents of a judgment
1. A judgment shall be comprised of introduction, reasoning part and
operative part.
2. Introduction shall state:
date and place of delivery;
name and composition of the court, and secretary of court session;
designation (number) of criminal proceedings;
last name, name and patronymic of the defendant, year, month and
date of his birth, place of birth and place of residence; occupation,
education, family status and other information on the defendant’s person
that is important for the case;
Law of Ukraine on criminal liability which provides for the criminal
offense in the commission of which the person concerned is accused;
parties to criminal proceedings and other participants in court
proceedings.
3. Reasoning part of a judgment shall state:
1) if a person has been acquitted, statement of charges brought
Article 374. Contents of a judgment
1. A judgment shall be comprised of introduction, reasoning part and
operative part.
2. Introduction shall state:
date and place of delivery;
name and composition of the court, and secretary of court session;
designation (number) of criminal proceedings;
last name, name and patronymic of the defendant, year, month and
date of his birth, place of birth and place of residence; occupation,
education, family status and other information on the defendant’s person
that is important for the case;
Law of Ukraine on criminal liability which provides for the criminal
offense in the commission of which the person concerned is accused;
parties to criminal proceedings and other participants in court
proceedings.
3. Reasoning part of a judgment shall state:
1) if a person has been acquitted, statement of charges brought
59
against the person and found by court to not be proved, as well as grounds
for acquittal of the defendant stating motives for repudiating evidence of
accusation;
motives for taking other decisions in respect of issues disposed by
court when rendering a judgment, and statutory provisions the court was
guided by.
2) if a person has been found guilty:
statement of charges found by court to be proved, with indication of
place, time, and the way of commission and implications of the criminal
offense, form of guilt, and motives of the criminal offense;
Articles (paragraphs of Article) of Law of Ukraine on criminal
liability which establishes liability for the criminal offense guilty of
committing which the defendant is found;
evidence in support of circumstances established by court, as well as
motives for not taking into account particular evidence;
motives for changing charges, grounds for finding a part of charges
unsubstantiated, if such decisions have been taken by the court;
circumstances which aggravate or mitigate punishment;
motives for imposition of punishment; for releasing from service of
punishment; for application of compulsory medical measures where a
state of limited criminal capacity of the defendant has been established;
for application of compulsory medical treatment as specified in Article 96
of the Criminal Code of Ukraine; motives of appointing a public tutor for
the underage person;
grounds for granting, dismissing or leaving undecided the civil
action;
motives for taking other decisions in respect of issues disposed by
court when rendering a judgment, and statutory provisions the court was
guided by.
4. Operative part of a judgment shall state:
1) if a person has been acquitted: last name, first name and
patronymic of the defendant, decision on finding him innocent of charges
brought against him and on his acquittal;
decision to restore rights restricted during criminal proceedings;
against the person and found by court to not be proved, as well as grounds
for acquittal of the defendant stating motives for repudiating evidence of
accusation;
motives for taking other decisions in respect of issues disposed by
court when rendering a judgment, and statutory provisions the court was
guided by.
2) if a person has been found guilty:
statement of charges found by court to be proved, with indication of
place, time, and the way of commission and implications of the criminal
offense, form of guilt, and motives of the criminal offense;
Articles (paragraphs of Article) of Law of Ukraine on criminal
liability which establishes liability for the criminal offense guilty of
committing which the defendant is found;
evidence in support of circumstances established by court, as well as
motives for not taking into account particular evidence;
motives for changing charges, grounds for finding a part of charges
unsubstantiated, if such decisions have been taken by the court;
circumstances which aggravate or mitigate punishment;
motives for imposition of punishment; for releasing from service of
punishment; for application of compulsory medical measures where a
state of limited criminal capacity of the defendant has been established;
for application of compulsory medical treatment as specified in Article 96
of the Criminal Code of Ukraine; motives of appointing a public tutor for
the underage person;
grounds for granting, dismissing or leaving undecided the civil
action;
motives for taking other decisions in respect of issues disposed by
court when rendering a judgment, and statutory provisions the court was
guided by.
4. Operative part of a judgment shall state:
1) if a person has been acquitted: last name, first name and
patronymic of the defendant, decision on finding him innocent of charges
brought against him and on his acquittal;
decision to restore rights restricted during criminal proceedings;
60
decision regarding measures to ensure criminal proceedings
including decision on a restraint measure prior to taking legal effect by the
judgment;
decision regarding exhibits and documents;
decision regarding procedural expenses;
time limit and procedure for the judgment to take legal effect and to
be appealed against;
procedure for obtaining copies of the judgment and other
information;
2) if a person has been found guilty: last name, first name and
patronymic of the defendant, decision on finding him guilty of charges
brought against him and the relevant Article (paragraph of Article) of the
Law of Ukraine on criminal liability;
punishment for each charge which the court found proved, and the
final sentence imposed by court;
beginning of the term of serving the punishment;
decision to apply compulsory medical treatment or compulsory
medical measures in respect of a defendant with limited criminal capacity,
if any;
decision to appoint public tutor for the underage person;
decision as to the civil action;
decision on other executions on property and grounds for such;
decision regarding exhibits and documents;
decision on reimbursement of procedural expenses;
decision regarding measures to ensure criminal proceedings;
decision on the credit of detention pending trial;
time limit and procedure for the judgment to take legal effect and to
be appealed against;
procedure for obtaining copies of the judgment and other
information.
Where several charges have been brought against a person and
certain charges have not been proved, the operative part of a judgment
shall state on which the defendant is acquitted and on which convicted.
If the defendant is found guilty but is released from serving
decision regarding measures to ensure criminal proceedings
including decision on a restraint measure prior to taking legal effect by the
judgment;
decision regarding exhibits and documents;
decision regarding procedural expenses;
time limit and procedure for the judgment to take legal effect and to
be appealed against;
procedure for obtaining copies of the judgment and other
information;
2) if a person has been found guilty: last name, first name and
patronymic of the defendant, decision on finding him guilty of charges
brought against him and the relevant Article (paragraph of Article) of the
Law of Ukraine on criminal liability;
punishment for each charge which the court found proved, and the
final sentence imposed by court;
beginning of the term of serving the punishment;
decision to apply compulsory medical treatment or compulsory
medical measures in respect of a defendant with limited criminal capacity,
if any;
decision to appoint public tutor for the underage person;
decision as to the civil action;
decision on other executions on property and grounds for such;
decision regarding exhibits and documents, and special
confiscation;
decision on reimbursement of procedural expenses;
decision regarding measures to ensure criminal proceedings;
decision on the credit of detention pending trial;
time limit and procedure for the judgment to take legal effect and to
be appealed against;
procedure for obtaining copies of the judgment and other
information.
Where several charges have been brought against a person and
certain charges have not been proved, the operative part of a judgment
shall state on which the defendant is acquitted and on which convicted.
61
punishment, the court shall state this in the operative part of the judgment.
Whenever the defendant is released from serving punishment with
probation as provided for in Articles 75 through 79 and 104 of the
Criminal Code of Ukraine, the operative part of the judgment shall specify
the duration of the probation period, duties imposed on the convicted
person, as well as the labor collective or person assigned, upon their
consent or request, the duty to supervise him and to carry out educational
work in his respect.
Whenever a milder punishment is imposed than specified by law, in
stating the awarded sanction the court shall refer to Article 69 of the
Criminal Code of Ukraine.
If the defendant is found guilty but is released from serving
punishment, the court shall state this in the operative part of the judgment.
Whenever the defendant is released from serving punishment with
probation as provided for in Articles 75 through 79 and 104 of the
Criminal Code of Ukraine, the operative part of the judgment shall specify
the duration of the probation period, duties imposed on the convicted
person, as well as the labor collective or person assigned, upon their
consent or request, the duty to supervise him and to carry out educational
work in his respect.
Whenever a milder punishment is imposed than specified by law, in
stating the awarded sanction the court shall refer to Article 69 of the
Criminal Code of Ukraine.
62
Article 505. Circumstances to be ascertained during pre-trial
investigation in criminal proceedings in respect of application of
compulsory medical measures
1. During pre-trial investigation in criminal proceedings in respect of
application of compulsory medical measures, the following shall be
ascertained:
1) time, place, means, and other circumstances of the commission of
a socially dangerous act or criminal offence;
2) commission of this socially dangerous act or criminal offence by
the person concerned;
3) existence of this person’s mental disorder in the past, degree and
nature of mental disorder or mental disease at the time of commission of
the socially dangerous act or criminal offense, or at the time of pre-trial
investigation;
4) behavior of the person both before and after the commission of
the socially dangerous act or criminal offence;
5) the danger which the person presents is in consequence of his
mental state, for himself/herself and for other persons, as well as well as
the likelihood of such person causing other serious damage;
6) nature and amount of damage caused by the socially dangerous
act or criminal offence.
Article 505. Circumstances to be ascertained during pre-trial
investigation in criminal proceedings in respect of application of
compulsory medical measures
1. During pre-trial investigation in criminal proceedings in respect of
application of compulsory medical measures, the following shall be
ascertained:
1) time, place, means, and other circumstances of the commission of
a socially dangerous act or criminal offence;
2) commission of this socially dangerous act or criminal offence by
the person concerned;
3) existence of this person’s mental disorder in the past, degree and
nature of mental disorder or mental disease at the time of commission of
the socially dangerous act or criminal offense, or at the time of pre-trial
investigation;
4) behavior of the person both before and after the commission of
the socially dangerous act or criminal offence;
5) the danger which the person presents is in consequence of his
mental state, for himself/herself and for other persons, as well as well as
the likelihood of such person causing other serious damage;
6) nature and amount of damage caused by the socially dangerous
act or criminal offence;
7) the circumstances which prove that money, valuables and other
property which are subject to special confiscation, were acquired as a
result of a socially dangerous act or criminal offence and/or are proceeds
from such property or were intended (used) to induce a person to commit
a socially dangerous crime or criminal offense, to finance and/or to
materially support a socially dangerous act or criminal offence, or to
reward its committing, or are objects of a socially dangerous act or
criminal offense including removed from circulation, or found,
manufactured, adapted or used as means or tools for committing a socially
dangerous act of criminal offence.

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