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#26 2008-06-21 14:28:04

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter X. CRIMINAL OFFENSES AGAINST OCCUPATIONAL SAFETY
Article 271. Violation of occupational safety law
1. Violation of occupational safety requirements set out in laws and other labor safety regulations committed by an official of a business, institution or organization, or by a private entrepreneur, where this violation caused any harm to the victim's health, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for the same term.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to seven years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to two years.
Article 272. Violation of safety rules related to high-risk operations
1. Violation of safety rules related to high-risk operations in industrial production or at any enterprise by a person obliged to observe them, where this violation caused the risk of death of people or the risk any other grave consequences, or caused any harm to the victim's health,
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to eight years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 273. Violation of safety rules at explosive industries or plants
1. Violation of safety rules at explosive industries or plants by a person obliged to observe them, where this violation cased a risk of death of people or the risk of any other grave consequences, or caused harm to the victim's health, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to three years, or imprisonment for a term up to three years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up two years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to ten years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 274. Violation of nuclear or radiation safety rules
1. Violation of nuclear safety rules in the industrial production by a person obliged to observe them, where this violation caused the risk of death of people or the risk of any other grave consequences, or caused harm to the victim's health, -
shall be punishable by restraint of liberty for a term up to four years, or imprisonment for the same term, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of three to twelve years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 275. Violation of rules related to safe use of industrial products or safe operation of buildings and constructions
1. Violation of rules related to safe use of industrial products in the process of developing, designing, manufacturing or storing these products, and also violation of rules related to safe operation of buildings and constructions in the process of designing or constructing them, by a person obliged to observe such rules, where these violations causes the risk of death of people, or the risk of any other grave consequences, or any harm the victim's health, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to two years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term of two to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

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#27 2008-06-21 14:28:33

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XI. CRIMINAL OFFENSES AGAINST TRAFFIC SAFETY OR SAFETY OF TRANSPORT OPERATIONS
Article 276. Violation of rules related to safety of traffic or operation of railway, water or air transport
1. Violation of rules related to safety of traffic or transport operations by a worker of railway or water or air transport, and, also repair works of poor quality performed with regard to transport, railways, signal and communication means, where this violation exposed human lives to danger or caused the risk of any other grave consequences, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to three years.
2. The same acts that caused medium grave or grave injury to a victim, or caused significant pecuniary damage, -
shall be punishable by imprisonment for a term of two to seven years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, where they caused death of people, -
shall be punishable by imprisonment for a term of seven to fifteen years.
Article 277. Endamagement of communication routes and transport means
1. Willful destruction of or endamagement of communication routes, constructions on these routes, rolling-stock or vessels, signal and communication means, or any other actions taken to render the aforementioned items inoperative, where these actions caused or could cause an accident of a train or a vessel, or disrupted regular transport operations, or caused a exposed human lives to danger or caused the risk of any other grave consequences, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or imprisonment for a term up to three years.
2. The same acts that caused medium grave or grave bodily injury to the victim, or caused significant pecuniary damage, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, where they caused death of people, -
shall be punishable by imprisonment for a term of seven to fifteen years.
Article 278. Hijacking of a rolling-stock, aircraft or sea/river vessel
1. Hijacking of a rolling-stock, aircraft or sea/river vessel, -
shall be punishable by imprisonment for a term of three to six years.
2. The same acts committed by a group of persons upon their prior conspiracy, or accompanied with violence not dangerous to the victim's life or health, -
shall be punishable by imprisonment for a term of five to eight years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by an organized group, or accompanied with violence dangerous to the victim's life or health of other persons, or caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years.
Article 279. Blocking of transportation routes, and capturing of a transport enterprise
1. Blocking of transportation routes by obstructing the traffic, or cutting off electricity, or any other method, where it disrupted normal operations of traffic, or exposed human lives to dander, or caused the risk of any other grave consequences, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to three years.
2. Capturing a railway station, airfield, port, station or any other transportation enterprise, institution or organization, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 280. Compulsion of a transport worker to misconduct in office
1. Compulsion of a worker of railway, air, water, motor, municipal transport or trunk pipelines to misconduct in office by threats of murder, grave bodily injuries or destruction of his/her property or close relatives, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to three years.
2. The same actions, if repeated, or committed by a group of persons upon prior conspiracy,
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by an organized group or attended with violence dangerous to the victim's life or health, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 281. Violation of rules related to air flight safety
1. Violation of rules related to safety of aircraft flights by persons other than air transport workers, if it exposed human lives to danger or caused a risk of any other grave consequences, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. The same acts that caused medium grave bodily injury to the victim or significant pecuniary damage, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if they caused death of people, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 282. Violation of rules related to the use of airspace
1. Violation of rules related to the launching of missiles, all types of shooting or blasting operations, or any other actions in the airspace, where it exposed the safety of air flights to risk, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to five years.
2. The same acts that caused medium grave or grave bodily injury to the victim or significant pecuniary damage, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if they caused death of people, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 283. Unauthorized non-emergency stopping of a train
1. Unauthorized non-emergency stopping of a train by pulling an emergency stop handle, or disconnecting an overhead break main-line, or any other method, where it exposed human lives to danger to caused the risk of any other grave consequences, or caused damage to the victim's health, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. The same actions that caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of five to ten years.
Article 284. Failure to provide assistance to a wrecked vessel and persons
Failure of a captain of a vessel to provide assistance to the crew and passengers of another vessel in case of collision with it, and also to any other wrecked persons encountered at sea or any other waterway, where that captain was able to provide such assistance without putting his own vessel, crew and passengers at high risk, -
shall be punishable to a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to two years.
Article 285. Failure to give the name of a vessel in case of collision
Failure of a captain of a vessel that came into collision with another vessel to give its vessel's name, the port of commission, point of departure and destination, where it was possible to do so,
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months.
Article 286. Violation of rules related to traffic or driving safety by drivers
1. Violation of rules related to traffic or driving safety by a person that drives any vehicle, where it caused medium grave bodily injury to the victim,
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, with or without the deprivation of the right to operate transport for a term up to three years.
2. The same acts that caused death or grave bodily injury of the victim, -
shall be punishable by imprisonment for a term of three to eight years with or without the deprivation of the right to operate transport for a term up to three years.
3. Any such acts as provided for by paragraph 1 of this Article, if they caused death of several persons, -
shall be punishable by imprisonment for a term of seven to twelve years with the deprivation of the right to operate transport for a term up to three years.
Note: for the purposes of the present Article and Articles 287, 289 and 290, vehicles shall mean all types of cars, tractors and other self-propelled machines, trams, trolley buses, motor cycles, and other vehicles.
Article 287. Authorization of operation of malfunctioned vehicles and other violations of operation procedures
Authorization of operation of vehicles known to be malfunctioned, or permitting an intoxicated person or a person without a driver's license to drive a vehicle, or any other serious violation of rules related to traffic safety by a person responsible for the technical condition or operation of vehicles, where it caused medium grave or grave bodily injury or death of the victim, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to five years, with or without the deprivation of the right to occupy positions related to responsibility for technical condition or operation of vehicles for a term up to three years.
Article 288. Violation of rules, norms and standards related to traffic safety
Violation of rules, norms and standards related to traffic safety by a person responsible for construction, reconstruction, repairs or maintenance of roads, highways, streets, railway crossings and other road facilities, or a person who performs any such works, where it caused medium grave or grave bodily injury or death of the victim, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to five years.
Article 289. Unlawful appropriation of a vehicle
1. Unlawful appropriation of a vehicle for whatever purpose, -
shall be punishable by a fine of 1,000 to 1,200 tax-free minimum incomes, or imprisonment for a term of three to five years.
2. The same actions committed by a group of persons upon their prior conspiracy, or repeated, or accompanied with violence dangerous to the victim's life or health, or with threats of such violence, or committed upon entering into a residence or any other shelter, or where they caused a significant pecuniary damage to the victim, -
shall be punishable by imprisonment for a term of five to ten years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if accompanied with violence dangerous to the victim's life or health, or threats of such violence, or committed by an organized group, or in regard of a vehicle, the value of which exceeds 250 tax-free minimum incomes, -
shall be punishable by imprisonment of ten to fifteen years with the forfeiture of property.
4. A person shall be discharged from criminal liability, if that person committed for the first time any actions provided for by this Article (except in cases of unlawful appropriation of a vehicle accompanied with violence against the victim or any threats of such violence) and voluntarily reported it to law enforcement authorities, returned the vehicle to its owner and fully repaired the losses inflicted.
Note: 1. For the purposes of this Article, an unlawful appropriation of a vehicle shall mean a willful unlawful taking of a vehicle from its owner or user against their will, for whatever purpose and by whatever means.
2. Pursuant to paragraph 2 of this Article, a repeated act shall mean any such act committed by a person who had previously unlawfully appropriated a vehicle or committed any criminal offense created by Articles 185, 186, 187, 189 to 191, and 262 of this Code.
Article 290. Obliteration, forgery or replacement of numbers on parts and units of a vehicle
Obliteration, forgery or replacement of the identification number, engine number, chassis, or body of a vehicle, or replacement, without permission of a competent authority, of plates with the identification number of a vehicle, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years.
Article 291. Violation of transport regulations
Violation of transport regulations related to traffic safety, where it caused death of people or any other grave consequences, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to five years.
Article 292. Endamagement of facilities on main pipelines for oil, gas, or oil products
1. Endamagement or destruction of main pipelines for oil, gas, or oil products, or branch pipes, or any technologically related facilities, constructions, or automation, signal and communication devices, where it disrupts normal operation of such pipelines or exposes human lives to danger, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term up to five years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by a generally dangerous method, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of three to eight years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, if they caused death of people, or accidents involving people, or industrial accidents, or fire, or significant pollution of environment, or any other grave consequences, -
shall be punishable by imprisonment for a term of five to twelve years.

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#28 2008-06-21 14:28:59

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XII. CRIMINAL OFFENSES AGAINST PUBLIC ORDER AND MORALITY
Article 293. Group violation of public order
Organizing group actions that seriously disturb public order, or significantly disrupt operations of public transport, any enterprise, institution or organization, and also active participation therein,
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.
Article 294. Riots
1. Organizing riots accompanied with violence against any person, riotous damage, arson, destruction of property, taking control of buildings or construction, forceful eviction of citizens, resistance to authorities with the use of weapons or any other things used as weapons, and also active participation in riots,
shall be punishable by imprisonment for a term of five to eight years.
2. The same actions that caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years.
Article 295. Calls to actions that pose a threat to the public order
Public calls to riotous damage, arson, destruction of property, taking control of buildings or constructions, forceful eviction of citizens, where these actions pose a threat to the public order, and also distributing, making or storing any material of such content, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
Article 296. Hooliganism
1. Hooliganism, that is a serious disturbance of the public order based on motives of explicit disrespect to community in a most outrageous or exceptionally cynical manner, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. The same actions committed by a group of persons, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to three years.
3. Any such actions as provided for paragraphs 1 or 2 of this Article, if committed by a person previously convicted of hooliganism, or accompanied with resistance to authorities or a member of the public who carried out the duty of keeping public order, or to any other citizens who acted to stop the hooligan actions, -
shall be punishable by imprisonment for a term of two to five years.
4. Any such actions as provided for by paragraph 1, 2 or 3 of this Article, if committed with the use of firearms, or any cold arms, or any other thing specially adjusted or prepared in advance to cause bodily injury, -
shall be punishable by imprisonment for a term of three to seven years.
Article 297. Vandalizing a grave
Vandalizing a grave or any other burial place, or a corpse or a funerary urn, and also stealing things from a burial place or a corpse, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
Article 298. Spoiling, destruction or impairment of historical or cultural monuments
1. Willful spoiling, destruction of or impairment of historical or cultural monuments, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or restraint of liberty for a term up to three years.
2. The same actions committed in respect of monuments of special historical or cultural value, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by an official through abuse of office, -
shall be punishable by imprisonment for a term of three to eight years.
Article 299. Cruelty to animals
1. Abuse of vertebrate animals based on cruel or hooligan motives, and also setting such animals against one another based on hooligan or mercenary motives, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.
2. The same actions committed in the presence of a young child, -
shall be punishable by a fine up to 200 tax-free minimum incomes, or restraint of liberty for a term up to two years.
Article 300. Importation, making or distribution of works that propagandize violence and cruelty
1. Importation into Ukraine for sale or distribution purposes, or making, storage, transportation or other movement for the same purposes, or sale or distribution of works that propagandize violence and cruelty, and also compelling others to participate in creation of such works, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years, with the forfeiture of works that propagandize violence and cruelty and means of their making and distribution.
2. The same actions in regard to motion pictures and video films that propagandize violence and cruelty, and also selling works that propagandize violence and cruelty to minors or disseminating such works among minors, -
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or restraint of liberty for a term up to five years, with the forfeiture of motion pictures and video films that propagandize violence and cruelty and means of their making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, and also compelling minors to participate in the creation of works that propagandize violence and cruelty, -
shall be punishable by imprisonment of three to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of works, motion pictures and video films that propagandize violence and cruelty and means of their making and showing.
Article 301. Importation, making, sale or distribution of pornographic items
1. Importation into Ukraine for sale or distribution purposes, or making, transportation or other movement for the same purposes, or sale or distribution of pornographic images or other items, and also compelling others to participate in their making, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years, with the forfeiture of pornographic images or other items and means of their making and distribution.
2. The same actions committed in regard to pornographic motion pictures and video films, or computer programs, also selling pornographic images or other items to minors or disseminating such images and items among them, -
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or restraint of liberty for a term up to five years, or imprisonment for the same term, with the forfeiture of pornographic motion pictures and video films and means of their making and showing.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, and also compelling minors to participate in the making of pornographic works, images, motion pictures, video films, or computer programs, -
shall be punishable by imprisonment of three to seven years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of pornographic items, motion pictures, video films, computer programs, and means of their making, dissemination and showing.
Article 302. Creating or running brothels and trading in prostitution
1. Creating or running brothels, and also trading in prostitution,
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to two years.
2. The same actions committed for gainful purposes, or by a person previously convicted of this offense, or by an organized group, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by engaging a minor, -
shall be punishable by imprisonment for a term of two to seven years.
Article 303. Prostitution or compelling to and engaging in prostitution
1. Systematic prostitution, that is gainful provision of sexual services, -
shall be punishable by a fine of 50 to 500 tax-free minimum incomes, or community service for a term up to 120 hours.
2. Compelling to or engaging in prostitution, that is to provide sexual services for a fee by use of violence or threats of violence or destruction or endamagement of property, or by blackmail or deceit, -
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or arrest for a term up to six months, or imprisonment for a term of one to three years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in regard of a minor, or by an organized group, -
shall be punishable by imprisonment for a term of three to five years.
4. Trading in prostitution, that is creating, leading or participating in an organized group which supports activities related to the provision of paid sex services by males and females for gainful purposes, -
shall be punishable by imprisonment for a term of five to seven years.
Article 304. Engaging minors in criminal activity
Engaging minors in criminal activity, drinking alcohol, begging, or gambling, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.

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#29 2008-06-21 14:29:35

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XIII. CRIMINAL OFFENSES RELATED TO THE CIRCULATION OF NARCOTICS, PSYCHOTROPIC SUBSTANCES, THEIR ANALOGUES OR PRECURSORS, AND OTHER OFFENSES AGAINST PUBLIC HEALTH
Article 305. Smuggling of narcotics, psychotropic substances, their analogues or precursors
1. Smuggling of narcotics, psychotropic substances, their analogues or precursors, that is their movement across the customs border of Ukraine outside the customs control or by concealing from the customs control, -
shall be punishable by imprisonment of three to eight years with the forfeiture of smuggled narcotics or psychotropic substances, their analogues or precursors.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, and also where these actions involved especially dangerous narcotics or psychotropic substances, their analogues or precursors in large amounts, -
shall be punishable by imprisonment for a term of five to ten years with the forfeiture of smuggled narcotics or psychotropic substances, their analogues or precursors, and forfeiture of property.
3. Smuggling of narcotics, psychotropic substances, their analogues or precursors committed by an organized group, and also where smuggling involved narcotics or psychotropic substances, their analogues or precursors in especially large amounts, -
shall be punishable by imprisonment for the term of eight to twelve years with the forfeiture of smuggled narcotics or psychotropic substances, their analogues or precursors, and forfeiture of property.
Note: For the purposes of this Chapter, "large" and "especially large" amounts of narcotics or psychotropic substances, their analogues or precursors shall be determined by the relevant health authority.
Article 306. Use of proceeds from trafficking in narcotics, psychotropic substances, their analogues and precursors
1. Placing proceeds from trafficking in narcotics, psychotropic substances, their analogues or precursors, into banks, enterprises, institutions, organizations and their divisions, or purchasing facilities and property designated for privatization, or industrial and other equipment, or using these proceeds and property to continue trafficking in narcotics, psychotropic substances, their analogues or precursors, -
shall be punishable by imprisonment for a term of five to twelve years with the forfeiture of property.
2. Any such actions as provided for by paragraph 1 of this Article, if repeated, or committed by a group of persons upon prior conspiracy, or in respect of gross amounts, -
shall be punishable by imprisonment for a term of eight to fifteen years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of property.
Note: The gross amount shall mean the amount that equals or exceeds 200 tax-free minimum incomes.
Article 307. Illegal production, making, purchasing, storage, transportation, sending or sale of narcotics, psychotropic substances or their analogues
1. Illegal production, making, purchasing, storage, transportation, sending for selling purposes, and also illegal sale of narcotics, psychotropic substances or their analogues, -
shall be punishable by imprisonment for a term of three to eight years.
2. The same actions, if repeated, or committed by a group of persons upon prior conspiracy, or by a person who had previously committed any of the criminal offenses created by Articles 308 to 310, 312, 314, 315 and 317 of this Code, or by engaging a minor, and also sale of narcotics, psychotropic substances or their analogues in places designated for educational, sports, and cultural purposes, and in other places of wide public attendance, or sale or transfer of these substances to places of imprisonment, or where these actions involved narcotics, psychotropic substances or their analogues in gross amounts or especially dangerous narcotics and psychotropic substances, -
shall be punishable by imprisonment for a term of five to ten years with the forfeiture of property.
3. Any such actions as provided for by paragraphs 1 and 2 of this Article, if committed by an organized group, and also if these actions involved narcotics, psychotropic substances or their analogues in especially gross amounts, or committed by engaging a young child or in respect of a young child, -
shall be punishable by the imprisonment for a term of eight to twelve years with the forfeiture of property.
4. A person, who voluntarily surrendered narcotics, psychotropic substances or their analogues, and disclosed the source from which they were purchased, and assisted in uncovering the criminal offenses related to their trafficking, shall be discharged from criminal liability for their illegal production, making, purchasing, storage, transportation, or sending (paragraph 1 of this Article and paragraph 1 of Article 309 of this Code).
Article 308. Stealing, appropriation, extortion of narcotics, psychotropic substances or their analogues, or acquisition of same by fraud or abuse of office
1. Stealing, appropriation, or extortion of narcotics, psychotropic substances or their analogues, or acquisition of same by fraud, -
shall be punishable by imprisonment for a term of three to six years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or accompanied with violence not dangerous to the victim's life or health, or threats of such violence, or by a person who had previously committed any of the criminal offenses created by Articles 306, 307, 310, 312, 314, 315 and 317 of this Code, or committed in respect of gross amounts, and also acquisition of narcotics, psychotropic substances or their analogues by an official through abuse of office, -
shall be punishable by imprisonment for a term of five to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of property.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in respect of especially gross amounts, or by an organized group, and also brigandism for the purpose of stealing of narcotics, psychotropic substances or their analogues, and also extortion of such substances accompanied with violence dangerous to life and health, -
shall be punishable by imprisonment for a term of seven to twelve years with the forfeiture of property.
Article 309. Illegal production, making, purchasing, storage, transportation or sending of narcotics, psychotropic substances or their analogues not for selling purposes
1. Illegal production, making, purchasing, storage, transportation or sending of narcotics, psychotropic substances or their analogues not for selling purposes
shall be punishable by restraint of liberty for a term up to three years, or imprisonment to the same term.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by a person who had previously committed any of the criminal offenses created by Articles 307, 308, 310 and 317 of this Code, or if these actions involved narcotics, psychotropic substances or their analogues in gross amounts, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such actions as provided for by paragraphs 1 and 2 of this Article, if committed by engaging a minor, and also if these actions involved narcotics, psychotropic substances or their analogues in especially gross amounts, -
shall be punishable by imprisonment for a term of five to eight years.
4 A person, who voluntarily applied to a treatment facility and began the treatment of drug addiction, shall be discharged form criminal liability for actions provided for by paragraph 1 of this Article.
Article 310. Planting or cultivation of opium poppy or cannabis
1. Illegal planting or cultivation of opium poppy or cannabis, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. Illegal planting or cultivation of opium poppy or cannabis by a person previously convicted under this Article, or who had previously committed any of the criminal offenses created by Articles 307, 309, 311 and 317 of this Code, or committed by a group of persons upon their prior conspiracy for selling purposes, and also illegal planting or cultivation of five hundred or more plants of opium poppy or cannabis, -
shall be punishable by imprisonment for a term of three to seven years.
Article 311. Illegal production, making, purchasing, storage, transportation or sending of precursors
1. Illegal production, making, purchasing, storage, transportation or sending of precursors for the purpose of using them for production or making of narcotics, or psychotropic substances, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to three years.
2. The same acts, if repeated, or committed by a group of persons upon their prior conspiracy, or in respect of gross amounts, or for selling purposes, and also the illegal sale of precursors, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 1, if committed by an organized group, or in especially gross amounts, -
shall be punishable by imprisonment for a term of six to twelve years with the forfeiture of property.
4. A person, who voluntarily surrendered precursors designated for the production or making of narcotics or psychotropic substances, and disclosed the source from which they were purchased, or assisted in uncovering of criminal offenses related to trafficking of precursors, narcotics, psychotropic substances or their analogues, shall be discharged from criminal liability for illegal production, making, purchasing, storage, transportation, or sending of same (paragraph 1 of this Article).
Article 312. Stealing, appropriation, extortion of precursors, or acquisition of precursors by fraud or abuse of office
1. Stealing, appropriation, or extortion of precursors, or acquisition of precursors by fraud, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or imprisonment for a term up to three years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or accompanied with violence not dangerous to the victim's life or health, or threats of such violence, or committed in respect of gross amounts, and also acquisition of precursors by an official through abuse of office, -
shall be punishable by imprisonment for a term of three to seven years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by an organized group, or in respect of especially gross amounts, and also brigandism for the purpose of stealing of precursors, and also extortion of precursors accompanied with violence dangerous to life and health, -
shall be punishable by imprisonment for a term of five to twelve years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of property.
Article 313. Stealing, appropriation, extortion of equipment devised for making of narcotic or psychotropic substances, or their analogues, or acquisition of such equipment by fraud or abuse of office, and other unlawful actions involving such equipment
1. Stealing, appropriation, extortion of equipment devised for making of narcotics, psychotropic substances or their analogues, or acquisition of such equipment by fraud, and also illegal making, purchasing, storage, transfer or sale of such equipment to other persons, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by a person who had previously committed any of the criminal offenses created by Articles 306, 312, 314, 315, 317 and 318 of this Code, and also acquisition of equipment devised for making of narcotics, psychotropic substances or their analogues, by an official through abuse of office, -
shall be punishable by imprisonment for a term of two to six years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by an organized group or for the purpose of making of especially dangerous narcotics, psychotropic substances or their analogues, and brigandage for the purpose of stealing of equipment devised for making narcotics, psychotropic substances or their analogues, and also extortion of such equipment accompanied with violence dangerous to life and health, -
shall be punishable by imprisonment for a term of five to twelve years with the confiscation of property.
Article 314. Illegal injection of narcotics, psychotropic substances or their analogues
1. Illegal injection of narcotics, psychotropic substances or their analogues in the body of another person against his/her will, -
shall be punishable by imprisonment for a term of two to five years.
2. The same actions, if they caused drug addiction of the victim, or repeated, or committed by a person who had previously committed any of the criminal offenses created by Articles 306 to 312, and 314 to 318 of this Code, or committed in respect of two or more persons, or where they caused medium grave or grave bodily injury to the victim, -
shall be punishable by imprisonment for the term of three to ten years.
3. Any such actions as provided for by paragraphs 1 or 2 of this Article, if committed in respect of a minor or a person in helpless condition or a pregnant women, or involving an injection of especially dangerous narcotics, psychotropic substances or their analogues into the body of another person, and also if these actions caused death of the victim, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 315. Inducement to use narcotics, psychotropic substances or their analogues
1. Inducement of any person to use narcotics, psychotropic substances or their analogues, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
2. The same action, if repeated, or committed in respect of two or more persons, or in respect of a minor, or by a person who had previously committed any of the criminal offenses created by Articles 307, 308, 310, 314, and 317 of this Code, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 316. Illegal use of narcotics in public
1. Illegal use of narcotics in public or committed by a group of persons in places designated for educational, sport and cultural purposes, and in other places of wide public attendance, -
shall be punishable by restraint of liberty for a term up to four years, or imprisonment for a term up to three years.
2. The same actions, if repeated, or committed by a person who had previously committed any of the criminal offenses created by Articles 307, 310, 314, 315, 317 and 318 of this Code, -
shall be punishable by imprisonment for a term of three to five years.
Article 317. Organizing or running places for illegal use, production or making of narcotics, psychotropic substances or their analogues
1. Organizing or running places for illegal use, production or making of narcotics, psychotropic substances or their analogues, and also providing any premises for this purpose, -
shall be punishable by imprisonment for a term of three to five years.
2. The same actions, if repeated, or committed for mercenary motives, or by a group of persons, or by engaging a minor, -
shall be punishable by imprisonment for a term of five to twelve years with the forfeiture of property.
Article 318. Illegal making, forgery, use or sale of forged documents authorizing the receipt of narcotics, psychotropic substances or precursors.
1. Illegal making, forgery, use or sale of forged or illegally obtained documents authorizing the receipt of narcotics, psychotropic substances or precursors designated for production or making of such narcotics or substances, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to three years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by a person who had previously committed any of the criminal offenses created by Articles 306 to 317 of this Code, -
shall be punishable by imprisonment for a term of two to five years.
Article 319. Illegal making of a prescription authorizing the purchase of narcotics or psychotropic substances
1. Illegal making of a prescription authorizing the purchase of narcotics or psychotropic substances for mercenary motives or any other personal interests, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same action, if repeated, -
shall be punishable by imprisonment for a term of two to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 320. Violation of rules related to circulation of narcotics, psychotropic substances, their analogues or precursors
1. Violation of rules on planting or cultivation of opium poppy or cannabis, and also violation of rules on production, making, storage, inventorying, dispensation, distribution, commercial sale, transportation, sending or use of narcotics, psychotropic substances, their analogues or precursors designated for production or making of such narcotics or substances, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to four years, or imprisonment for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same actions, if repeated, or where they resulted in shortage of narcotics, psychotropic substances, their analogues or precursors in gross amounts, or in stealing, appropriation, extortion of narcotics, psychotropic substances, their analogues or precursors by fraud or abuse of office, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or imprisonment for a term of three to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 321. Illegal production, making, purchasing, transportation, sending, storage for selling purposes, or sale of poisonous and drastic substances
1. Illegal production, making, purchasing, transportation, sending, storage for selling purposes, or sale of poisonous and drastic substances, other than narcotics, psychotropic substances or their analogues, and also any such actions in regard of any equipment devised for the production or making of poisonous or drastic substances, where these actions were not duly authorized, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or imprisonment for a term up to three years.
2. Violation of rules related to production, making, purchasing, storage, dispensation, inventorying, transportation or sending of poisonous or drastic substances, other than narcotics, psychotropic substances or their analogues, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or imprisonment for a term up to two years.
Article 322. Illegal organization or running of places for the use of intoxicating substances
Illegal organization or running of places for the use of intoxicating medicines and substances, other than narcotics, psychotropic substances or their analogues, and also providing premises for this purpose, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or imprisonment for a term up to three years.
Article 323. Inducement of minors to the use of dope
1. Inducement of minors to the use of dope, -
shall be punishable by a fine 50 tax-free minimum incomes, or by deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same action, if repeated, or committed in respect of two or more persons, or by a person who had previously committed any of the criminal offenses created by Articles 314, 315, 317 or 324 of this Code, -
shall be punishable by imprisonment for a term up to two years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if they caused any grave consequences, -
shall be punishable by imprisonment for a term up to five years.
Note: Dope shall mean and substances and methods listed in index prohibited by the Anti-dope Code of the Olympic Movement.
Article 324. Inducement of minors to the use of intoxicating substances
Inducement of minors to the use of intoxicating substances, other than narcotics, psychotropic substances or their analogues, -
shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.
Article 325. Violation of rules related to combating epidemic
Violations of rules related to the prevention of and combating epidemic and other contagious diseases, where these actions caused or could knowingly cause a spread of these diseases, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
Article 326. Violation of rules related to handling of microbiological or other biological agents or toxins
1. Violation of rules related to storage, use, inventorying, transportation of microbiological or other biological agents or toxins, and any other rules related to handling of same, where it caused the risk of death of people or any other grave consequences, or caused any harm to the victim's health, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years, with or without the deprivation of the right to occupy certain positions and engage in certain activities for a term up to three years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by restraint of liberty for a term up to 5 years, or imprisonment for the same term, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 327. Supply, processing or sale of food stuffs or other products contaminated by radiation
1. Supply, processing for selling purposes, or sale of food stuffs or other products contaminated by radiation in excess of permissible levels, where it caused the risk of death of people or any other grave consequences, or caused any harm to the victim's health, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. Supply, processing for selling purposes, or sale of food stuffs or other products contaminated by radiation in excess of permissible level, where it caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of two to five years.

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#30 2008-06-21 14:29:55

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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XIV. CRIMINAL OFFENSES RELATED TO THE PROTECTION OF STATE SECRETS, INVIOLABILITY OF STATE BORDERS, CONSCRIPTION AND MOBILIZATION
Article 328. Disclosure of state secrets
1. Disclosure of information related to state secrets by a person, to whom this information was entrusted or became available in connection with his/her official duties, provided that no elements of high treason or espionage were involved, -
shall be punishable by imprisonment for a term of two to five years with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of five to eight years.
Article 329. Loss of documents that contain state secrets
1. Loss of documents or any other physical media for secret information that contain state secrets, and also any items that represent state secrets by a person, to whom they were entrusted, where such loss resulted from the violation of regulations established by law with regard to the handling of any such documents and other physical media for secret information or items, -
shall be punishable by imprisonment for a term up to three years with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of two to five years.
Article 330. Transfer or collection of confidential information that belongs to the State
1. Transfer or collection of economic, scientific, technological or other confidential information that belongs to the State for the purpose of transferring it to foreign businesses, institutions, organizations or their representatives by a person, to whom this information was entrusted or became available in connection with his/her official duties, provided that no elements of high treason or espionage were involved, -
shall be punishable by restraint of liberty for a term up to three years or imprisonment for a term of two to five years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same actions committed for mercenary motives, or where they caused any grave consequences for the State, or repeated, or committed by a group of persons upon their prior conspiracy, -
shall be punishable by imprisonment for a term of four to eight years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 331. Illegal crossing of the state border
1. Crossing of the state border of Ukraine in any manner beyond the points of entry on the state border of Ukraine or at the points of entry on the state border of Ukraine but without appropriate documents or permission, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. The same actions committed by a person previously convicted for the same offense
shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, if accompanied with the used of weapons, -
shall be punishable by imprisonment for a term of two to five years.
Note: This Article shall not apply to cases of foreigners and stateless persons arriving to Ukraine without appropriate documents or permission, who wish to use their right to asylum in accordance with the Ukrainian Constitution, and also to obtain the refugee status, and cases of Ukrainian citizens who arrive to Ukraine without appropriate documents as victims of trafficking in human beings.
Article 332. Illegal movement of persons across the state border of Ukraine
1. Organizing of illegal movement of persons across the state border of Ukraine, coordinating or facilitating any such actions by advice, instructions, provision of means or removal of obstacles, -
shall be punishable by imprisonment for a term of two to five years with the forfeiture of transport or any other means used to commit the offense.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, -
shall be punishable by imprisonment for a term of three to seven years with the forfeiture of means used to commit the offense.
Article 333. Illegal exportation of raw material, materials, equipment and technology for creation of weapons, and also military and special enginery
1. Violation of established regulations on exportation, outside Ukraine, of raw material, materials, equipment or technology that can be used for the creation of missile, nuclear, chemical or other types of weapons, and military and special enginery, -
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term.
Article 334. Violation of international flights regulations
Flying in or out of Ukraine without an appropriate permit, or failure to follow the routes, places of landing, air ways, gates or echelons described in such permit, -
shall be punishable by a fine of 200 to 1000 tax-free minimum incomes, or restraint of liberty for a term up to five years, or imprisonment for the same term, with the forfeiture of the aircraft.
Article 335. Avoidance of conscription for active military service
Avoidance of conscription for active military service, -
shall be punishable by restraint of liberty for a term up to three years.
Article 336. Avoidance of mobilization
Avoidance of mobilization, -
shall be punishable by imprisonment for a term two to five years.
Article 337. Avoidance of military registration or special assemblies
1. Avoidance of military registration by a person bound to military service after notification by an appropriate military commissariat, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months.
2. Avoidance of military training or special assemblies by a person bound to military service, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or arrest for a term up to six months.

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#31 2008-06-21 14:30:28

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Posts: 79

Re: Criminal Code of Ukraine

Chapter XV. CRIMES AGAINST THE AUTHORITY OF GOVERNMENT, LOCAL GOVERNMENT OR ASSOCIATIONS OF CITIZENS
Article 338. Outrage against state symbols
1. Public outrage against the National Flag of Ukraine, the National Coat of Arms of Ukraine or the National Anthem of Ukraine, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.
2. public outrage against an officially installed or raised flag or coat of arms of a foreign state, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.
Article 339. Illegal hoisting of the National Flag of Ukraine at a river or sea vessel
Hoisting of the National Flag of Ukraine at a river or sea vessel without the right to this Flag, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.
Article 340. Illegal interference with the organization or holding of assemblies, rallies, marches and demonstrations
Illegal interference with the organization or holding of assemblies, rallies, marches and demonstrations, where this act was committed by an official or with the use of physical violence, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to five years, or imprisonment for the same term.
Article 341. Capturing of government or public buildings or constructions
Capturing of buildings or constructions of government agencies, local authorities, and associations of citizens, for the purpose of unlawful use of these buildings or constructions, or interference with normal operations of businesses, institutions or organizations, -
shall be punishable by arrest for a term of six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
Article 342. Resistance to a representative of public authorities, law enforcement officer, a member of a community formation for the protection of public order, or a military servant
1. Resistance to a representative of public authorities in the execution of his/her official duty, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term of three years.
2. Resistance to a law enforcement officer, a member of a public formation for the protection of public order and state border, or a military servant in the execution of their duties related to the protection of public order, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to four years, or imprisonment for a term up to two years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, where the above persons were forced to patently illegal actions by violence or threats of violence, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
Article 343. Interference with activity of a law enforcement officer
1. Any influence on a law enforcement officer for the purpose of interfering with his official duty or obtaining any unlawful decisions, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months.
2. The same actions that precluded the prevention of a criminal offense or apprehension of an offender, or were committed by an official through abuse of office, -
shall be punishable by the deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or arrest for a term up to six months, or imprisonment for a term up to four years.
Article 344. Interference with activity of a statesman
1. Any unlawful influence on the President of Ukraine, the Chairman of the Verkhovna Rada (Parliament) of Ukraine, a National Deputy (Member of Parliament) of Ukraine, the Prime Minister of Ukraine, a member of Cabinet of Ministers of Ukraine, the Human Rights Commissioner of the Verkhovna Rada of Ukraine or his/her representative, the Head or a member of the Accounting Chamber, the Head or a member of the Central Election Committee, the Chairman of the National Bank of Ukraine, a member of the National Broadcast Council of Ukraine, the Head of the Antimonopoly Committee of Ukraine, the Head of the State Property Fund of Ukraine, the Head of the State Broadcast Committee of Ukraine for the purpose of preventing them from performance of their official duty or obtaining any unlawful decisions, -
shall be punishable by imprisonment for a term up to three years.
2. The same actions committed by an official through abuse of office, -
shall be punishable by imprisonment for a term of three to five years.
Article 345. Threats or violence against a law enforcement officer
1. Threats of murder, violence, destruction or impairment of property made in respect of a law enforcement officer, or his close relatives in connection with his official duties, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. Willful battery of, or infliction of minor or medium grave bodily injury on a law enforcement officer or his close relatives, in connection with his/her official duties, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to six years.
3. Willful infliction of grave bodily injury on a law enforcement officer or his close relatives, in connection with his/her official duties, -
shall be punishable by imprisonment for a term of five to twelve years.
4. Any such actions as provided for by paragraph 1, 2 or 3 of this Article, if committed by an organized group, -
shall be punishable by imprisonment for a term of seven to fourteen years.
Article 346. Threats or violence against a statesman or a public figure
1. Threats of murder, impairment of health, destruction or impairment of property, kidnapping or confinement made in respect of the President of Ukraine, the Chairman of the Verkhovna Rada (Parliament) of Ukraine, a National Deputy (Member of Parliament) of Ukraine, the Prime Minister of Ukraine, a member of Cabinet of Ministers of Ukraine, the Chairman or a judge of the Constitutional Court of Ukraine or the Supreme Court of Ukraine or High Specialized Courts of Ukraine, the Procurator General of Ukraine, the Human Rights Commissioner of the Verkhovna Rada of Ukraine, the Head of the Accounting Chamber, the Chairman of the National Bank of Ukraine, or a leader of a political party, committed in relation to their government or public activity, -
shall be punishable by imprisonment for a term up to five years.
2. Willful infliction of medium grave or minor bodily injury on, or battery of, or any other violent actions committed in respect of the persons named in paragraph 1 of this Article, in connection with their government or public activity, -
shall be punishable by imprisonment for a term of four to seven years.
3. Willful infliction of grave bodily injury on persons named in paragraph 1 of this Article, in connection with their government or public activity, -
shall be punishable by imprisonment for a term of seven to twelve years.
Article 347. Willful destruction or impairment of property owned by a law enforcement officer
1. Willful destruction or impairment of the property owned by a law enforcement officer or his/her close relatives, in connection with his/her official duties, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term up to six months, or imprisonment for a term up to five years.
2. The same actions committed by setting a fire, explosion or any other generally dangerous method, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of six to fifteen years.
Article 348. Trespass against life of a law enforcement officer, a member of a community formation for the protection of public order, or a military servant
Murder or attempted murder of a law enforcement officer or his/her close relatives in connection with his/her official duties, and also of a member of a community formation for the protection of public order, or a military servant in connection with their activities related to the protection of public order, -
shall be punishable by imprisonment for a term of nine to fifteen years, or life imprisonment.
Article 349. Hostage taking of a representative of public authorities or a law enforcement officer
Taking or holding of a representative of public authorities, or a law enforcement officer, or their close relatives as hostages for the purpose of making a public or any other institution, business or organization, or any official to take or refrain from any actions as a condition for release of the hostage, -
shall be punishable by imprisonment for a term of eight to fifteen years.
Article 350. Threats or violence against an official or a citizen who performs his/her public duty
1. Threats of murder, grave bodily injury or destruction or impairment of property by a generally dangerous method, made in respect of an official or his close relatives or a citizen who performs his/her public duty, where these acts are committed to preclude the activities of the official or the citizen who performs his/her public duty, or to change their nature in the interests of the persons who makes such threats, -
shall be punishable with arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for a term up to two years.
2. Willful battery of or infliction of minor or medium grave bodily injury on an official or a citizen who performs his/her public duty, in connection with their official or public activities, and also any such actions committed in respect of their close relatives, -
shall be punishable by restraint of liberty for a term of three to five years, or imprisonment for the same term.
3. Willful infliction of grave bodily injury on an official or a citizen who performs his/her public duty, in connection with their official or public activities, and also such action committed in respect of their close relatives, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 351. Interference with activity of a National Deputy of Ukraine or a deputy of a local council
1. Failure of an official to comply with lawful requests of the National Deputy of Ukraine or a deputy of a local council, raising any simulated obstacles to their activities, or providing knowingly false information to them, -
shall be punishable by a fine of 100 to 1,000 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. Failure of an official to comply with lawful requests of Committees of the Verkhovna Rada (Parliament) of Ukraine or ad-hoc investigation commissions of the Verkhovna Rada of Ukraine, raising any simulated obstacles to their activities, or providing false information, -
shall be punishable by a fine 500 to 2,000 tax-free minimum incomes, or restraint of liberty for a term up to five years, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 352. Willful destruction or impairment of property owned by an official or a citizen who acts in discharge of his/her public duty
1. Willful destruction or impairment of property owned by an official or a citizen who acts in discharge of his/her public duty, in connection with their official or public activity, and also any such actions in respect of their close relatives, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or arrest for a term up to six months, or imprisonment for a term up to four years.
2. Any such actions as provided for by paragraph 1 of this Article, if committed by setting fire, explosion or by any other generally dangerous method, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 353. Unauthorized assuming of an office or official title
Unauthorized assuming of an office or official title accompanied with any socially dangerous acts, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
Article 354. Receiving of illegal benefits by an employee of a state enterprise, institution or organization
Illegal receiving of any material consideration or benefits of a significant amount, by way of extortion, by an employee of a state enterprise, institution or organization, who is not an official, in return for any actions or omission through abuse of his/her position at the enterprise, institution or organization, -
shall be punishable by the fine up to 70 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years, or imprisonment for a term up three years.
Note: For the purposes of this Article, illegal benefits of a significant amount shall mean any illegal benefits which equal or exceed 2 tax-free minimum incomes.
Article 355. Compulsion to meet or neglect civil obligations
1. Compulsion to meet or neglect civil obligations, that is a demand to meet or neglect any contractual or other civil obligations by threats of violence in respect of the victim or his/her close relatives, or impairment or destruction of their property, where no elements of extortion are involved, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to two years.
2. Compulsion to meet or neglect any civil obligations, if repeated, or committed by a group of persons upon their prior conspiracy, or accompanied with threats of murder or infliction of grievous bodily injury, or accompanied with violence not dangerous to the life and health, or impairment or destruction of property, -
shall be punishable by imprisonment of three to five years.
3. Compulsion to meet or neglect any civil obligations, if committed by an organized group, or accompanied with violence dangerous to life and health, or where it caused any significant damage or any other grave consequences, -
shall be punishable by imprisonment for a term of four to eight years.
Article 356. Unauthorized action
Unauthorized action, that is doing anything contrary to the rules established by law, where the lawfulness of such acts is challenged by an individual citizen, an enterprise, institution or organization, and where such acts caused any significant damage to the interests of a citizen, state and public interests, or interests of the owner, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to three months.
Article 357. Stealing, appropriation, or extortion of documents, stamps and seals, or acquiring them by fraud or abuse of office, or endamagement of same
1. Stealing, appropriation, or extortion of official documents, stamps and seals, or acquiring them by fraud or abuse of office, or willful destruction, endamagement or concealment of same, and also any such actions committed in respect of private documents at enterprises, institutions or organizations of any type of ownership, and committed for mercenary motives or for any other personal benefit, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to three years.
2. The same acts that disrupted the work of an enterprise, institution or organization, or where committed with regard to especially important documents, stamps or seals, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term.
3. Illegal acquiring of a passport or any other important personal document by any means, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to three months, or restraint of liberty for a term up to three years.
Article 358. Forgery of documents, stamps, seals or letterheads, and sale or use of forged documents
1. Forgery of an identification card or any other document issued or certified by an enterprise, institution, organization, individual entrepreneur, private notary, auditor or any other person authorized to issue or certify such documents, or any document that grants any rights or discharges from any obligations, for the purpose of using it by the forger or any other person, or sale of any such document, and also making of forged stamps, seals or letterheads of enterprises, institutions or organizations of any type of ownership, and any other official stamps, seals and letterheads for the same purpose, and sale of the same, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. Any such actions as provided for by paragraph 1 of this Article, if repeated, or committed by a group of persons upon their prior conspiracy, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
3. The use of a knowingly forged document, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up two years.
Article 359. Illegal use of special technology for secret obtaining of information
1. Unlawful use of special technology for secret obtaining of information, -
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to four years, or imprisonment for the same term.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by an organized group, or if they caused any substantial damage to legally protected rights, freedoms and interests of individual citizens, or state and public interests, or interests of individual legal entities, -
shall be punishable by imprisonment for a term of three to seven years.
Article 360. Willful endamagement of communication lines
Willful endamagement of cable, radio-relay or air communication lines, wire communications, or any facilities and equipment comprised by the former, where it caused a temporary disruption of communication, -
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or correctional labor for a term up to one year, or restraint of liberty for a term up to two years.

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#32 2008-06-21 14:30:49

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XVI. CRIMINAL OFFENSES AGAINST COMPUTERS, COMPUTER SYSTEMS AND NETWORKS
Article 361. Willful interference with the operation of computers, computer systems and networks
1. Unlawful interference with the operation of computers, computer systems or networks that resulted in confusion or destruction of computer information or information media, and also dissemination of computer viruses by means of software or hardware devised for unlawful penetration into computers, computer systems or networks and capable of confusing or destroying computer information or information media, -
shall be punishable by a fine up to 70 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for the same term.
2. The same actions that caused any significant damage, or repeated, or committed by a group of persons upon their prior conspiracy,
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of three to five years.
Article 362. Stealing, appropriation, extortion of computer information or acquisition of such information by fraud or abuse of office
1. Stealing, appropriation, extortion of computer information or acquisition of such information by fraud or abuse of office, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or correctional labor for a term up to two years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, -
shall be punishable by a fine of 100 to 400 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment of the same term.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, if they caused an significant damage, -
shall be punishable by imprisonment of two to five years.
Article 363. Violation of rules related to the operation of computer systems
1. Violation of rules related to the operation of computers, computer systems or networks, by a person responsible for their operation, where it resulted in stealing, confusion or destruction of computer information, means of information protection, or making unlawful copies of computer information, or significant disruption in operation of computers, computer systems or networks, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or correctional labor for a term up to two years.
2. The same act that caused any significant damage, -
shall be punishable by a fine up to 100 tax-free minimum incomes or by correctional labor up to two years, or by restraint of liberty for a term up to 5 years, with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or without same.

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#33 2008-06-21 14:31:12

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Posts: 79

Re: Criminal Code of Ukraine

Chapter XVII. CRIMINAL OFFENSES IN OFFICE
Article 364. Abuse of authority or office
1. Abuse of authority or office, that is a willful use of authority or official position contrary to the official interests by an official for mercenary motives or other personal benefit or benefit of any third persons, where it caused any substantial damage to legally protected rights, freedoms and interests of individual citizens, or state and public interests, or interests of legal entities, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of five to eight years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, of committed by a law enforcement officer, -
shall be punishable by imprisonment for a term of five to twelve years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of property.
Note:
1. Officials shall mean persons who permanently or temporary represent public authorities, and also permanently or temporary occupy positions in businesses, institutions or organizations of any type of ownership, which are related to organizational, managerial, administrative and executive functions, or are specifically authorized to perform such functions.
2. Officials shall also mean foreigners or stateless persons who perform the functions described in paragraph 1 of this Note.
3. For the purposes of Articles 364, 365 and 367, significant damage with reference to any pecuniary losses shall mean any damage that equals or exceeds 100 tax-free minimum incomes.
4. For the purposes of Articles 364 to 367, grave consequences with reference to any pecuniary losses shall mean any such consequences that equal or exceed 250 tax-free minimum incomes.
Article 365. Excess of authority or official powers
1. Excess of authority or official powers, that is a willful commission of acts, by an official, which patently exceed the rights and powers vested in him/her, where it caused any substantial damage to the legally protected rights and interest of individual citizens, or state and public interests, or interests of legal entities, -
shall be punishable by the correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term of two to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. Excess of authority or official powers accompanied with violence, use of weapons, or actions that caused pain or were derogatory to the victim's personal dignity, -
shall be punishable by imprisonment for a term of three to eight years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, if they caused any grave consequences, -
shall be punishable by imprisonment for a term of seven to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 366. Forgery in office
1. Forgery in office, that is putting any knowingly false information in any official documents, any other fabrication of documents, and also making and issuing knowingly false documents by an official, -
shall punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by the imprisonment for a term of two to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 367. Neglect of official duty
1. Neglect of official duty, that is the failure to perform or improper performance, by an official, of his/her official duties due to negligence, where it caused any significant damage to the legally protected rights and interest of individual citizens, or state and public interests, or interests of legal entities, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of two to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and with or without a fine of 100 to 250 tax-free minimum incomes.
Article 368. Taking a bribe
1. Taking a bribe of any kind, by an official, in return for taking or refraining from any action for the benefit of the person that gave the bribe or for the benefit of any third person by means of authority or official powers entrusted in this official, -
shall be punishable by a fine of 750 to 1,500 tax-free minimum incomes, or imprisonment for a term of two to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. Taking a bribe of gross amount by an official who occupies a responsible position, or by a group of persons upon their prior conspiracy, or if repeated, or accompanied with requests of a bribe, -
shall be punishable by imprisonment for a term of five to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years and forfeiture of property.
3. Receiving a bribe in especially great amount by an authorized person in responsible position, or by a group of persons upon proceeding conspiracy, or if repeated, or accompanied by the extortion of a bribe,
is punishable by the imprisonment for a term of ten to fifteen years with the forfeiture of property and with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Note:
1. A bribe of gross amount shall mean a bribe that equals or exceeds of 200 tax-free minimum incomes, and a bribe of especially gross amount shall mean a bribe that equals or exceeds 500 tax-free minimum incomes.
2. Officials who occupy responsible positions shall mean persons referred to in paragraph 1 of the Note to Article 364, whose positions pursuant to Article 25 of the Law of Ukraine "On Civil Service" are referred to the third, forth, fifth and sixth categories, and also judges, prosecutors and investigators, heads and deputy heads of government and public agencies, local government organs, their divisions and units. Officials who occupy especially responsible positions shall mean persons referred to in paragraph 1 of Article 9 of the Law of Ukraine "On Civil Service" and persons whose positions are referred to the first and second categories pursuant to Article 25 of this Law.
3. For the purposes of Articles 368 and 369 of this Code, a repeated offense shall mean an offense committed by a person who had previously committed any of the criminal offenses created by these articles.
4. Request of a bribe shall mean a demand of a bribe by an official accompanied with a threat to take or refrain from any actions through abuse of authority or official position, which may cause any harm to the rights and legal interests of the person who gives the bribe, or willful creation of conditions, by an official, in which a person is compelled to give a bribe to prevent any harmful consequences to his/her rights and legal interests.
Article 369. Giving a bribe
1. Giving a bribe, -
shall be punishable by a fine of 200 to 500 tax-free minimum incomes, or restraint of liberty for a term of two to five years.
2. Repeated giving of a bribe, -
shall be punishable by the imprisonment for a term of three to eight years with or without the forfeiture of property.
3. A person who gave a bribe shall be discharged from criminal liability, if the bribe was requested from this person, or if, after giving the bribe and before any criminal prosecution was initiated against him/her, this person voluntarily reported the fact of bribing to the agency competent to undertake criminal prosecution.
Article 370. Provocation of bribery
1. Provocation of bribery, that is an intentional creation, by an official, of circumstances and conditions that cause the giving or taking of a bribe, for the purpose of uncovering those who gave or took the bribe, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
2. The same act committed by a law enforcement official, -
shall be punishable by imprisonment for a term of three to seven years.

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#34 2008-06-21 14:31:47

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Posts: 79

Re: Criminal Code of Ukraine

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 371. Knowingly unlawful apprehension, taking into custody or arrest
1. Knowingly unlawful apprehension or unlawful taking into custody, -
shall be punishable by deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or to restraint of liberty for a term up to three years.
2. Knowingly unlawful arrest or detention, -
shall be punishable by restraint of liberty for a term of three to five years, or imprisonment for the same term.
3 Any such acts as provided for by paragraph 1 or 2 of this Article, where these caused any grave consequences, or were committed for mercenary motives or any other personal benefit, -
shall be punishable by imprisonment of a term of five to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 372. Prosecution of a knowingly innocent person
1. Criminal prosecution of a knowingly innocent person by an investigator, prosecutor or any other person authorized by law, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
2. The same act accompanied with charges of a grievous or special grievous offense, and also accompanied with fabrication of prosecution evidence or any other falsification, -
shall be punishable by imprisonment for a term of five to ten years.
Article 373. Compelling to testify
1. Compelling to testify during an interview by means of unlawful actions of a person who conducts the interview or pretrial investigation, -
shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.
2. The same actions accompanied with violence or insult in regard to a person, -
shall be punishable by imprisonment for a term of three to eight years.
Article 374. Violation of the right to defense
1. Failure to provide access to a defense attorney in a timely manner, and also any other serious violation of the right of a suspected, accused or defendant to defense, if committed by a inquiring officer, investigator, prosecutor or judge, -
shall be punishable by a fine of 300 to 500 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same actions that resulted in conviction of an innocent person, or committed by a group of persons upon their prior conspiracy, or where they caused any grave consequences, -
shall be punishable by imprisonment for a term of three to seven years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 375. Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges)
1. Delivery of a knowingly unfair sentence, judgment, ruling or order by a judge (or judges), -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
2. The same actions that caused any grave consequences, or committed for mercenary motives or for any other personal benefit, -
shall be punishable by imprisonment for a term of five to eight years.
Article 376. Interference with activity of judicial authorities
1. Any interference with activity of a judge for the purpose of preventing him form performance of his official duties or obtaining an unlawful judgment, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months.
2. The same actions that precluded the prevention of a criminal offence or apprehension of the offender, or committed by a person through abuse of office, -
shall be punishable by deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or arrest for a term up to six months, or imprisonment for a term up to three years.
Article 377. Threats or violence against a judge, assessor or juror
1. Threats of murder, violence, destruction or impairment of property made in respect of a judge, assessor or juror, and also their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. Willful battery of, or infliction of minor or medium grave bodily injury on a judge, assessor, juror or heir close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to six years.
3. Willful infliction of grave bodily injury on a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 378. Willful destruction or impairment of property owned by a judge, assessor or juror
1. Willful destruction or impairment of property owned by a judge, assessor or juror or their close relatives, in connection with their activities related to the administration of justice, -
shall be punishable by arrest for a term up to six months, or imprisonment for a term up to five years.
2. The same actions committed by setting fire, explosion, or any other generally dangerous method, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of six to fifteen years.
Article 379. Trespass against life of a judge, assessor or juror in connection with their activity related to the administration of justice
Murder or attempted murder of a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.
Article 380. Failure to ensure safety of persons taken under protection
Failure to make a decision or making an untimely or insufficiently grounded decision, and failure to take or untimely taking of measures, which are sufficient to ensure safety of court members, law enforcement officers, persons involved in criminal proceedings, members of their families and their close relatives, by an official of an agency responsible for safety of the above persons, where these acts caused any grave consequences, -
shall be punishable by imprisonment for a term up to five years.
Article 381. Disclosure of information on safety measures in respect of a person taken under protection
1. Disclosure of information on safety measures in respect of a person taken under protection, by an official who made decisions on these measures, a person who implements these decisions, or a person who became aware of these decisions due to his/her official position, and also by a person taken under protection, where these acts caused any harm to the health of a person taken under protection, -
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or restraint of liberty for a term up to three years.
2. The same actions that caused death of a person taken under protection or any other grave consequences, -
shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to five years, or imprisonment for the same term.
Article 382. Failure to comply with a judgment
1. Willful failure of an official to comply with a sentence, judgment, ruling or order of a court, which has come into effect, or preclusion of their execution, -
shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or imprisonment for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
2. The same actions committed by an official who occupies a responsible or especially responsible position, or a person previously convicted for the offense created by this Article, or where these actions caused any significant damage to legally protected rights and freedoms of citizens, state and public interests, or interests of legal entities, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
3. Willful failure of an official to comply with the judgment of the European Court of Human Rights, -
shall be punishable by imprisonment for a term of three to eight years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 383. Intended misreport of a criminal offense
1. Intended misreport of a criminal offense to a court, prosecutor, investigator, or inquiring body, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for a term up to two years.
2. The same actions accompanied with accusation of a person in a grave or special grave offense, or fabrication of prosecution evidence, or committed for mercenary motives, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
Article 384. Knowingly false testimony
1. Any knowingly false testimony by a witness or victim, or any knowingly false opinion presented by an expert during the inquiry, pretrial investigation, investigation by an ad-hoc investigation commission or an ad-hoc special commission of the Verkhovna Rada (Parliament) of Ukraine, or in court, and also any knowingly false interpretation/translation made by an interpreter/translator in the same cases, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to two years.
2. The same actions accompanied with accusations in a grave or special grave offense, or with the fabrication of prosecution or defense evidence, and also committed for mercenary motives, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
Article 385. Refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties
1. A groundless refusal of a witness to testify, or an expert or interpreter/translator to perform their duties in court or during pretrial investigation, investigation by an ad-hoc investigation commission or an ad-hoc special commission of the Verkhovna Rada (Parliament) of Ukraine, or inquiry, -
shall be punishable by a fine of 50 to 300 tax-free minimum incomes, or arrest for a term up to six months.
2. A person who refuses to testify against himself/herself, members of his/her family or close relatives during an inquiry, pretrial investigation or in court, shall not be criminally liable.
Article 386. Preclusion of appearance of a witness, victim or expert, or compulsion to testify or give an opinion
Preclusion of appearance of a witness, victim or expert before a court, pretrial investigation authorities, ad-hoc investigation commissions and ad-hoc special commissions of the Verkhovna Rada of Ukraine, or inquiry authorities, or compulsion of the above persons to testify or give an opinion, and also give any knowingly false testimony or opinion, by threats of murder, violence, destruction of property of these persons or their close relatives, or disclosure of defamatory information about them, or tampering with a witness, victim or expert for the same purposes, and also any threats to commit any such actions as a revenge for any previously presented testimony or opinion, -
shall be punishable by a fine of 50 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or to arrest for a term up to six months.
Article 387. Disclosure of information on pretrial investigation or inquiry
1. Disclosure of information on preliminary investigation or inquiry by a person who was notified, in a manner prescribed by law, of his/her obligation not to disclose any such information, provided that this disclosure was not authorized by a prosecutor, investigator, or a person who conducted inquiry or pretrial investigation, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or correctional labor for a term up to two years.
2. Disclosure of information on preliminary investigation or inquiry by a judge, prosecutor, investigator, inquiry officer, detective officer, whether on not this person was directly involved in such pretrial investigation or inquiry, where this information defames a person, derogates his/her honor and dignity, -
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 388. Concealment of property
Concealment of property which is to be forfeited, or is under arrest, or has been inventoried, -
shall be punishable by a fine of 100 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to two years.
Article 389. Avoidance of any punishment other than imprisonment
1. Avoidance of fine or deprivation of the right to occupy certain positions or engage in certain activities by a person on whom it was imposed, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for the same term.
2. Avoidance of community service or correctional labor by a person on whom it was imposed, -
shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.
Article 390. Avoidance of restraint of liberty or imprisonment
1. Unauthorized leaving of the place of restraint of liberty, or persistent avoidance of work, or systematic violation of public order or established rules of residency, by a person sentenced to restraint of liberty, -
shall be punishable by imprisonment for a term up to three years.
2. Failure of a person sentenced to restraint of liberty, who was allowed to leave for a short period of time, to return to the place of serving the sentence by the end of the leave period, -
shall be punishable by restraint of liberty for a term up to two years, or imprisonment for the same term.
3. Failure of a person sentenced to imprisonment, who was allowed to leave for a short period of time, to return to the place of serving the sentence by the end of the leave period, -
shall be punishable by imprisonment for a term up to three years.
Article 391. Persistent disobedience to authorities of a correctional institution
Persistent disobedience to lawful requirements of authorities of a correctional institution, or any other resistance to lawful actions of such authorities in discharge of their functions, by a person who serves a sentence of restraint of liberty or imprisonment, where that person had been penalized for his/her misconduct by placement in a separate cell or a more restricted regime of service within one year,
shall be punishable by imprisonment for a term up to three years.
Article 392. Disorganization of activity of correctional institutions
Terrorization of inmates or attacks on the authorities of correctional institutions, and also creation of an organized group for any such purposes or active participation in that group, by persons who serve their sentence of imprisonment or restraint of liberty, -
shall be punishable by imprisonment for a term of five to ten years.
Article 393. Escape from a penitentiary institution or custody
1. Escape from a penitentiary institution or custody by a person who serves his/her sentence of imprisonment or arrest, or who is under pretrial detention, -
shall be punishable by imprisonment for a term of three to five years.
2. The same actions, if repeated, or committed by a group of persons upon their prior conspiracy, or by a method dangerous to lives and health of other persons, or accompanied with capturing or use of weapons, or violence, or threats of violence, or undermining, and also with endamagement of technical security facilities, -
shall be punishable by imprisonment for a term of five to eight years.
Article 394. Escape from a specialized treatment facility
Escape from a specialized treatment facility, or on the way to it, -
shall be punishable by arrest for a term up to six months, or imprisonment for a term up to two years.
Article 395. Violation of rules related to administrative supervision
Unauthorized leaving of a place of residence by a person for the purpose of avoidance of administrative supervision, and also ungrounded failure of a person, who was placed under administrative supervision after release from a penitentiary institution, to arrive at the appointed time to the determined place of residence, -
shall be punishable by arrest for a term up to six months.
Article 396. Concealment of a criminal offense
1. Unpromised concealment of a grave or special grave criminal offense, -
shall be punishable by arrest for a term up to three months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. Family members or close relatives of an offender, as determined by law, shall not be subject to criminal liability for unpromised concealment of a criminal offense.
Article 397. Interference with activity of a defense attorney or legal agent
1. Any interference with lawful activity of a defense attorney or legal agent, or violation of legal guaranties of their activity and professional secrets, -
shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years.
2. The same actions committed by a person through abuse of office, -
shall be punishable by a fine of 300 to 500 tax-free minimum incomes, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Article 398. Threats or violence against a defense attorney or legal agent
1. Threats of murder, violence, destruction or impairment of property made in respect of a defense attorney or legal agent, and also their close relatives, in connection with their legal assistance, -
shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. Willful battery of, or infliction of minor or medium grave bodily injury on a defense attorney or legal agent or heir close relatives, in connection with their legal assistance, -
shall be punishable by restraint of liberty for a term of three to five years, or imprisonment for the same term.
3. Willful infliction of grave bodily injury on the same persons, in connection with their legal assistance, -
shall be punishable by imprisonment for a term of seven to twelve years.
Article 399. Willful destruction or impairment of property owned by a defense attorney or legal agent
1. Willful destruction or impairment of property owned by a defense attorney or legal agent or their close relatives, in connection with their legal assistance, -
shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. The same actions committed by setting fire, explosion, or any other generally dangerous method, or where they caused damages in especially gross amount, -
shall be punishable by imprisonment for a term of five to eight years.
2. Any such actions as provided for by paragraph 1 or 2 of this Article, if they caused death of people, grave bodily injuries or any other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years.
Article 400. Trespass against life of a defense attorney or legal agent in connection with their activity related to the administration of justice
Murder or attempted murder of a defense attorney or legal agent or their close relatives, in connection with their legal assistance, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.

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#35 2008-06-21 14:32:32

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Posts: 79

Re: Criminal Code of Ukraine

Chapter XIX. CRIMINAL OFFENSES AGAINST THE ESTABLISHED PROCEDURE OF MILITARY SERVICE (MILITARY OFFENSES)
Article 401. Definition of a military offense
1. Military offenses are the offenses created by this Chapter and committed by military servants, and also registrants during their training (or checkup) or special sessions, in violation of the established procedure of military service.
2. Appropriate articles of this Chapter establish the liability of members of the Armed Forces of Ukraine, the Security Service of Ukraine, the Border Troops of Ukraine, Internal Troops of the Ministry of Internal Affairs of Ukraine, and other military formations established in compliance with the laws of Ukraine, and also other persons specified in the law.
3. Persons not specified in this Article shall be criminally liable for complicity in military offenses under appropriate articles of this Chapter.
4. Persons, who committed a criminal offense created by this Chapter, may be discharged from criminal liability under Article 42 of this Code subject to imposition of measures provided for by the Disciplinary Statute of the Armed Forces of Ukraine.
Article 402. Disobedience
1. Disobedience, that is an open refusal to comply with orders of a commander, and also any other willful failure to comply with orders, -
shall be punishable by service restrictions for a term up to two years, or custody in a penal battalion for a term up to two years, or imprisonment for a term up to three years.
2. The same acts committed by a group of persons, or where they caused any grave consequences, -
shall be punishable by imprisonment for a term of three to seven years.
3. Disobedience committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 403. Failure to comply with orders
1. Failure to comply with orders of a commander upon absence of elements specified in paragraph 1 of Article 402 of this Code, where it caused any grave consequences, -
shall be punishable by service restrictions for a term up to two years, or custody in a penal battalion for a term up to one year, or imprisonment for a term up to two years.
2. The same acts committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of three to seven years.
Article 404. Resistance to a commander or coercion of a commander into breaching the official duties
1. Resistance to a commander or any other person acting in discharge of military service duties, or coercion of these persons into breaching their duties, -
shall be punishable by service restrictions for a term up to two years, or detention in a disciplinary battalion for a term up to two years, or imprisonment for a term of two to five years.
2. The same acts committed by a group of persons, or with the use of weapons, or where they caused any grave consequences, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if they were committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of three to twelve years.
4. Any such acts as provided for by paragraph 2 or 3 of this Article, if they involved murder of a commander or any other person acting in discharge of military service duties, -
shall be punishable by imprisonment for a term of ten to fifteen years, or life imprisonment.
Article 405. Threats or violence against a commander
1. Threats of murder, or causing bodily injury to or battery of a commander, or threats of destruction of his/her property in connection with his military service duties, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for the same term.
2. Bodily injury, battery or any other violent acts in respect of a commander in connection with his/her military service duties, -
shall be punishable by imprisonment for a term of two to seven years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by a group of persons, or with the use of weapons, or in state of martial law or in a battle, -
they are punishable by imprisonment for a term of five to fifteen years.
Article 406. Violation of statutory rules of conduct of military servants not subordinated to each other
1. Violation of statutory rules of conduct of military servants not subordinated to each other, involving battery or any other violence, -
shall be punishable by arrest for a term up to six months, or custody in a penal battalion for a term up to one year, or imprisonment for a term up to three years.
2. The same act committed in respect of a several persons, or where it caused minor or medium grave bodily injury, or involved humiliation or debasement of a military serviceman, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for a term of two to five years.
3. Any such acts as provided for in paragraph 1 or 2 of this Article, if committed by a group of persons, or with the use of weapons, or where they caused any grave consequences, -
shall be punishable by imprisonment for a term of three to ten years.
Article 407. Absence without leave from a military unit or place of service
1. Absence of an active military serviceman from a military unit or place of service without leave, or failure to timely report for duty without a reasonable excuse after a leave, or upon appointment or reassignment, or failure to report for duty after a detached service, vacation or treatment in a medical facility for more than three days but less than one month, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for a term up to three years.
2. Absence of a military serviceman (other than in active service) from a military unit or place of service without leave, or failure to timely report for duty without a reasonable excuse for more than ten days but less than one month, or for less than ten days but more than three days if repeated during one year, -
shall be punishable by a fine of 100 tax-free minimum incomes or service restrictions for a term up to two years, or imprisonment for a term up to three years.
3. Absence of persons specified in paragraph 1 and 2 of this Article from a military unit or place of service without leave, or failure to timely report for duty without a reasonable excuse for more than one month, -
shall be punishable by imprisonment for a term of two to five years.
4. Absence from a military unit or place of service without leave, or failure to timely report for duty without a reasonable excuse in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 408. Desertion
1. Desertion, that is the absence from a military unit or place of duty without leave for the purpose of avoiding the military service, or failure to report for duty upon appointment or reassignment, after a detached service, vacation or treatment in a medical facility for the same purpose, -
shall be punishable by imprisonment for a term of two to five years.
2. Desertion with weapons or of a group of persons upon their prior conspiracy, -
shall be punishable by imprisonment for a term of five to ten years.
3. Any such act as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to twelve years.
Article 409. Evasion of military service by way of self-maiming or otherwise
1. Evasion of military service by a military serviceman by way of self-maiming or
malingering, or forgery of documents, or any other deceit, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for the same term.
2. Refusal to comply with the duties of military service, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 410. Stealing, appropriation, extortion or fraudulent obtaining of weapons, ammunitions, explosive or other warfare substances, vehicles, military or special enginery, or abuse of office, by a military serviceman
1. Stealing, appropriation, extortion or fraudulent obtaining of weapons, ammunitions, explosive or other warfare substances, vehicles, military or special enginery by a military serviceman, -
shall be punishable by imprisonment for a term of three to eight years.
2. The same actions committed by a military official with the abuse of office, or repeated, or
committed by a group of persons upon their prior conspiracy, or where they causes any significant damage, -
shall be punishable by imprisonment for a term of five to ten years.
3. Any such actions as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, brigandism for the purpose of taking possession of weapons, ammunitions, explosive or other warfare substances, vehicles, military or special enginery, and also extortion of these items accompanied with violence dangerous to the victim's life and health, -
shall be punishable by imprisonment for a term of ten to fifteen years.
Article 411. Willful destruction or engdamagement of munitions
1. Willful destruction or endamagement of weapons, ammunitions, vehicles, military or special enginery or any other munitions, -
shall be punishable by service restrictions for a term up to two years, or custody in a penal battalion for the same term, or imprisonment for a term up to three years.
2. The same actions committed by setting a fire or any other generally dangerous method, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 412. Negligent destruction or endamagement of munitions
1. Negligent destruction or endamagement of weapons, ammunitions, vehicles, military or special enginery or any other munitions, where it causes damage of gross amount, -
shall be punishable by a fine up to fifty tax-free minimum incomes, or service restrictions for a term up to two years, or custody in a penal battalion for a term up to one year.
2. The same acts that caused death of people or any other grave consequences, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for a term up to tree years.
Article 413. Waste or loss of munitions
1. Sale, pledge or giving for use - by a military servant in active service - of articles of uniform or outfit provided to him/her for his/her personal use (waste), and also loss or destruction of these articles due to violation of safekeeping regulations, -
shall be punishable by arrest for a term up to six months, or custody in a penal battalion for a term up to two years.
2. Loss or destruction of weapons, ammunitions, vehicles, materiel or any other munitions provided for official use, due to violation of safekeeping regulations, -
shall be punishable by arrest for a term up to six months, or custody in a penal battalion for a term up to two years, or imprisonment for the same term.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of two to five years.
Article 414. Violation of rules related to handling of weapons, and also substances and objects of increased danger to the surroundings
1. Violation of rules on handling of weapons, ammunitions, explosive, radioactive and other substances and objects of increased danger to the surroundings, where it caused bodily injuries to the victim, -
shall be punishable by service restrictions for a term up to two years, or custody in a penal battalion for the same term, or imprisonment for a term up to three years.
2. The same act that caused bodily injuries to several persons or death of the victim, -
shall be punishable by imprisonment for a term of two to ten years.
3. Any such act as provided by paragraph 1, where it caused death to several persons or any other grave consequences, -
shall be punishable by imprisonment for a term of three to twelve years.
Article 415. Violation of rules related to driving or vehicle operation
1. Violation of rules related to driving or operation of warfare, special or transport vehicles, where it caused medium grave or grave bodily injuries or death of a victim, -
shall be punishable by imprisonment for a term of two to five years.
2. Any such act as provided for by paragraph 1 of this Article, where it caused death of several persons, -
shall be punishable by imprisonment for a term of five to ten years.
Article 416. Violation of rules related to flights or flight training
Violation of rules related to flights or flight training, and also violation of rules of aircraft operation, which caused a crash or any other grave consequences, -
shall be punishable by imprisonment for a term of five to fifteen years.
Article 417. Violation of navigation rules
Violation of rules of navigation that caused death of people, loss of a ship or any other grave consequences, -
shall be punishable by imprisonment for a term of five to fifteen years.
Article 418. Violation of statutory rules of guard or patrol duty
1. Violation of statutory rules of guard or patrol duty, where it resulted in grave consequences which should have been prevented by such guard or patrol duty, -
shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term.
2. Any such acts as provided for by paragraph 1 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of three to eight years.
Article 419. Violation of statutory rules of border guard duty
1. Violation of statutory rules of border guard duty by a member of a unit guarding the border of Ukraine, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for a term up to three years.
2. Any such acts as provided for by paragraph 1 of this Article, if they caused any grave consequences, -
shall be punishable by imprisonment for a term of three to eight years.
Article 420. Violation of statutory rules of alert duty
1. Violation of statutory rules of alert duty established for timely detection and repelling of an sudden attack on Ukraine or for the protection and security of Ukraine, -
shall be punishable by imprisonment for a term up to three years.
2. Any such act as provided for by paragraph 1 of this Article, if it caused any grave consequences, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 421. Violation of statutory rules of routine duty
1 Violation of statutory rules of routine duty by a person who was on daily duty (other than on guard or watch duty) in a military unit, where it caused any grave consequences, prevention of which was a part of that person's duty, -
shall be punishable by custody in a penal battalion for a term up to two years, or imprisonment for a term up to three years.
2. The same act committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term up to five years.
Article 422. Disclosure of military information that constitutes state secret or loss of documents or material that contain any such information
1. Disclosure of military information that constitutes state secret, where no elements of high treason are involved, -
shall be punishable by imprisonment for a term of two to five years.
2. Loss of documents or material that contain military information that constitutes state secret or loss of things, the information on which constitutes state secret, by a person to whom they were entrusted, where the loss happens as a result of violation of rules related to handling of any such documents, material or things, -
shall be punishable by imprisonment for a term of two to five years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if they caused any grave consequences, -
shall be punishable by imprisonment for a term of five to ten years.
Article 423. Abuse of authority or official position by a military official
1. Unlawful use of vehicles, buildings or other munitions, unlawful use of a subordinate to provide personal services or services to other persons, and any other abuse of authority or official position committed for selfish motives or any other personal interest or interest of any third persons, where it caused any significant damage, -
shall be punishable by a fine of fifty to one hundred tax free minimum incomes, or service restrictions for a term up to two years, or imprisonment for a term up to three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of three to eight years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to twelve years.
Note:
(1) Military officials shall mean any military commanders and any other military servants who occupy, permanently or temporary, positions related to administrative or managerial functions, or are commissioned to perform any such duties by the command authority.
(2) In Articles 423 to 426 of this Code, the significant damage shall mean the damage that equals or exceeds 250 tax-free minimum incomes, provided the damage implies material losses, while the grave consequences under the same condition shall mean the damage that equals or exceeds 500 tax-free minimum incomes.
Article 424. Excess of authority or official powers by a military official
1. Excess of authority or official powers by a military official, that is willful actions that manifestly exceed the scope of rights or authority vested in this person - except those provided for in paragraph 2 of this Article - where these acts cause any significant damage, -
shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term.
2. Use of non-statutory measures of influence in respect of a subordinate or excess of disciplinary authority that caused any significant damage, and also violence in respect of a subordinate, -
shall be punishable by imprisonment or three to seven years.
3. Any such acts as provided by paragraph 2 of this Article, if committed with the use of weapons, and also the act envisaged by paragraphs 1 or 2 of this Article, if it caused any grave consequences, -
shall be punishable by imprisonment for a term of five to ten years.
4. Any such acts as provided for by paragraphs 1, 2 or 3 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of eight to twelve years.
Article 425. Neglect of duty in military service
1. Neglect of duty in military service that caused any significant damage, -
shall be punishable by a fine up to 100 tax-free minimum incomes, or service restrictions for a term up to two years, or imprisonment for a term of three years.
2. The same act that caused any grave consequences, -
shall be punishable by imprisonment for a term of three to seven years.
3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of five to eight years.
Article 426. Omissions of military authorities
1. Willful failure to prevent a crime committed by a subordinate, or failure of a military inquiry authorities to institute a criminal case against a subordinate offender, and also willful failure of a military official to act in accordance with his/her official duties, if it caused any significant damage, -
shall be punishable by a fine of 50 to 200 tax-free minimum incomes, or service restrictions for a term up to two years, or imprisonment for a term up to three years.
2. The same acts that caused any grave consequences, -
is punishable by the imprisonment for a term of three to seven years.
3. Any such acts as provided by paragraph 1 or 2 of this Article, if committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of seven to ten years.
Article 427. Surrender or abandoning of means of war to an enemy
Surrender of military forces to the enemy by a commander, to whom they were entrusted, and also abandoning of fortifications, military or special enginery or any other means of war to the enemy not justified by the battle conditions, where it was done with no intent to aid the enemy, -
shall be punishable by imprisonment for a term of three to ten years.
Article 428. Abandoning of a perishing ship of war
1. Abandoning of a perishing ship of war by a commander who has not fully discharged his/her duties or by a member of the crew without the commander's appropriate order, -
shall be punishable by imprisonment for a term of three to eight years.
2. The same act committed in state of martial law or in a battle, -
shall be punishable by imprisonment for a term of seven to ten years.
Article 429. Unauthorized leaving of a battlefield or refusal to use weapons
Unauthorized leaving of a battlefield during a battle or refusal to use weapons in a battle, -
shall be punishable by imprisonment for a term of five to ten years.
Article 430. Voluntary rendering oneself prisoner of war
Voluntarily rendering oneself prisoner of war due to cowardice and pusillanimity, -
shall be punishable by imprisonment for a term of seven to ten years.
Article 431. Criminal actions of a prisoner of war
1. Voluntarily participation of a prisoner of war in any works of military importance or any other activities that may detrimental to Ukraine or its allies, where it involves no elements of high treason, -
shall be punishable by imprisonment for a term of three to seven years.
2. Violence or cruelty of a senior prisoner of war in respect of other prisoners of war, -
shall be punishable by imprisonment for a term of five to ten years.
3. Actions taken by prisoner of war to the detriment of other prisoners of war for selfish motives or to win indulgent treatment of the enemy, -
shall be punishable by imprisonment for a term up to three years.
Article 432. Marauding
Stealing things of the killed or wounded persons at a battlefield (marauding), -
shall be punishable by imprisonment for a term of three to ten years.
Article 433. Violence against population in an operational zone
1. Violence, unlawful destruction or taking of property under the pretext of military necessity, which were committed in respect of population in an operational zone, -
shall be punishable by imprisonment for a term of three to eight years.
2. Brigandism committed in respect of local population in an operational zone, -
shall be punishable by imprisonment for a term of seven to ten years.
Article 434. Ill treatment of prisoners of war
Repeatedly ill treatment of prisoners of war, or any such treatment combined with exceptional cruelty or committed in respect of sick or wounded persons, and also negligent performance of duty in respect of sick or wounded persons by persons required to provide medical treatment and care to them, where it involved no elements of a more grave criminal offense, -
shall be punishable by imprisonment for a term up to three years.
Article 435. Unlawful use or misuse of the Red Cross and Red Crescent symbols
Carrying the Red Cross and Red Crescent symbols in an operational zone by persons not entitled to do so, and also misuse of flags or signs of the Red Cross and Red Crescent or the colors attributed to medical vehicles in state of martial law, -
shall be punishable by imprisonment for a term up to two years.

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#36 2008-06-21 14:32:55

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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

Chapter XX. CRIMINAL OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER
Article 436. Propaganda of war
Public calls to an aggressive war or an armed conflict, and also making of materials with calls to any such actions for distribution purposes or distribution of such materials, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or imprisonment for a term up to three years.
Article 437. Planning, preparation and waging of an aggressive war
1. Planning, preparation or waging of an aggressive war or armed conflict, or conspiring for any such purposes, -
shall be punishable by imprisonment for a term of seven to twelve years
2. Conducting an aggressive war or aggressive military operations, -
shall be punishable by imprisonment for a term of ten to fifteen years.
Article 438. Violation of rules of the warfare
1. Cruel treatment of prisoners of war or civilians, deportation of civilian population for forced labor, pillage of national treasures on occupied territories, use of methods of the warfare prohibited by international instruments, or any other violations of rules of the warfare recognized by international instruments consented to by binding by the Verkhovna Rada (Parliament) of Ukraine, and also giving an order to commit any such actions, -
shall be punishable by imprisonment for a term of eight to twelve years.
2. The same acts accompanied with a murder, -
shall be punishable by imprisonment for a term of ten to fifteen years, or life imprisonment.
Article 439. Use of weapons of mass destruction
1. The use of weapons of mass destruction prohibited by international instruments consented to be binding by the Verkhovna Rada of Ukraine, -
shall be punishable by imprisonment for a term of eight to twelve years.
2. The same act that caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.
Article 440. Development, production, purchasing, storage, distribution or transportation of weapons of mass destruction
Development, production, purchasing, storage, distribution or transportation of weapons of mass destruction prohibited by international instruments consented to be binding by the Verkhovna Rada of Ukraine, -
shall be punishable by imprisonment for a term of three to ten years.
Article 441. Ecocide
Mass destruction of flora and fauna, poisoning of air or water resources, and also any other actions that may cause an environmental disaster, -
shall be punishable by imprisonment for a term of eight to fifteen years.
Article 442. Genocide
1. Genocide, that is a willfully committed act for the purpose of total or partial destruction of any national, ethnic, racial, or religious group by extermination of members of any such group or inflicting grave bodily injuries on them, creation of life conditions calculated for total or partial physical destruction of the group, decrease or prevention of childbearing in the group, or forceful transferring of children from one group to another, -
shall be punishable by imprisonment for a term of ten to fifteen years, or life imprisonment.
2. Public calls to genocide, and also making any materials with calls to genocide for the purpose of distribution, or distribution of such materials, -
shall be punishable by arrest for a term up to six months, or imprisonment for a term up to five years.
Article 443. Trespass against life of a foreign state representative
Trespass against life of a foreign state representative or any other person who enjoys international protection for the purpose of influencing the nature of their activity or activity of their states or organizations, or for the purpose of provoking a war or international complications, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.
Article 444. Criminal offenses against internationally protected persons and institutions
1. Attacks on official premises or private accommodations of internationally protected persons, and also kidnapping or confinement of such persons for the purpose of influencing the nature of their activity or the activity of their states or organizations, or for the purpose of provoking a war or international complications, -
shall be punishable by imprisonment for a term of three to eight years.
2. A threat to commit any such actions as provided for by paragraph 1 of this Article, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to three months, or restraint of liberty for a term up to three years, or imprisonment for a term up to two years.
Article 445. Illegal use of symbols of Red Cross and Red Crescent
Illegal use of symbols of Red Cross and Red Crescent, other than in cases provided for by this Code, -
shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six month.
Article 446. Piracy
1. Piracy, that is the use of a vessel, whether armed or not, for capturing any other sea or river vessel, and violence, robbery or any other hostile actions against the crew or passengers of such vessel, for the purpose of pecuniary compensation or any other personal benefits, -
shall be punishable by imprisonment for a term of five to twelve years with the forfeiture of property.
2. The same acts, if repeated, or where they caused death of people or any other grave consequences, -
shall be punishable by imprisonment for a term of eight to fifteen years with the forfeiture of property.
Article 447. Mercenaries
1. Recruiting, financing, supplying and training of mercenaries for the purpose of using them in armed conflicts of other states or violent actions aimed at overthrowing of government or violation of territorial integrity, and also the use of mercenaries in war conflicts or operations, -
shall be punishable by imprisonment for a term of three to eight years.
2. Participation in armed conflicts of other states for the purpose of pecuniary compensation without authorization obtained from appropriate government authorities, -
shall be punishable by imprisonment for a term of five to ten years.

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#37 2008-06-21 14:33:18

admin
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Registered: 2007-04-11
Posts: 79

Re: Criminal Code of Ukraine

FINAL AND TRANSITIONAL PROVISIONS
Chapter I
1. This Code shall enter into force on September 1, 2001.
2. As this Code enters into force, the following legislation shall lose its effect:
Criminal Code of the Ukrainian Soviet Socialist Republic of December 28, 1960 (hereinafter referred to as ‘the 1960 CC') (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1961, No. 2, p. 14) as amended;
Law of the Ukrainian SSR " On Adoption of the Criminal Code of the Ukrainian SSR" (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1961, No. 2, p 14);
Articles 1, 2 and 5 of the Decree of the Presidium of the Verkhovna Rada (Parliament) of Ukrainian SSR of April 20, 1990 "On Liability for actions breaching the public order and safety of citizens" (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1990, No. 18, p. 278);
Decree by the Presidium of the Verkhovna Rada of Ukrainian SSR of December 26, 1990 "On Liability for Violation of the Procedures on the Use of Consumer Cards for Purchase of Goods and Other Official Documents" (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1991, No. 3, p. 13);
Article 3 of the Decree of the Presidium of Verkhovna Rada of Ukrainian SSR of January 28, 1991 "On Liability for Violation of Requirements Related to the Radiation Safety Regime, Procurement, Processing and Sale of Foodstuffs Contaminated by Radiation" (Vidomosti Verkhovnoi Rady Ukrainskoi RSR, 1991, No. 11, p. 106);
Decree by the Presidium of the Verkhovna Rada of Ukraine of January 21, 1992 "On Liability for the Counterfeit of Nonexpendable Coupons for Sale Purposes and Sale of Such Coupons" (Vidomosti Verkhovnoi Rady Ukrainy, 1992, No. 18, p. 246).
Chapter II
1. The following persons, who were sentenced under the 1960 Criminal Code of Ukraine for actions that entail no liability under this Code, shall be discharged from punishment (primary and additional) pursuant to paragraph 2 of Article 74 of this Code:
(a) persons sentenced under paragraph 3 of Article 5 of the 1960 Criminal Code of Ukraine;
(b) persons sentenced for preparation of a criminal offense under paragraph 1 of Article 17 and relevant articles of the Special Part of the 1960 Criminal Code of Ukraine, if these criminal offenses are minor;
(c) persons sentenced under Articles 1081, 110, 1341, 125, 126, 1472, 1473, 149, 154, 1552, 1553, 1555, 1556, 159, 169, 1763, 1832, 1834, 187, 1877, 1878, 189, 1891, 1931, 199, 202, 206 (paragraph 1), 2081, 2082, 2298, 237 of the 1960 Criminal Code of Ukraine;
(d) persons sentenced under paragraph 1 of Article 133, Articles 147 (paragraph 1), 1483, 161 (paragraph 1), 1874, 1878, 192 (paragraph 3), 1961 (paragraph 1), 199 (paragraphs 1 and 2), 2071, 2272 (paragraph 1) applied pursuant to the 1960 Criminal Code of Ukraine on condition that prior administrative penalties were imposed on these persons;
(e) persons sentenced for criminal offenses committed between 14 and 16 years of age and created by Articles 781, 97, 98, 106 (paragraph 1) of the 1960 Criminal Code of Ukraine;
(f) persons sentenced under Article 186 of the 1960 Criminal Code of Ukraine (other than those sentenced for unpromised in advance covering up of a grave or special grave criminal offense), and also persons defined in paragraph 2 of Article 396 of this Code, sentenced for the unpromised in advanced covering up under Article 186 of the 1960 Criminal Code of Ukraine;
(g) persons sentenced under Decree by the Presidium of the Verkhovna Rada of Ukrainian SSR of December 26, 1990 "On Liability for Violation of the Procedures on the Use of Consumer Cards for Purchase of Goods and Other Official Documents" and Decree by the Presidium of the Verkhovna Rada of Ukraine of January 21, 1992 "On Liability for the Counterfeit of Nonexpendable Coupons for Sale Purposes and Sale of Such Coupons".
2. The following shall be discharged from punishment:
(a) persons sentenced for the first time to imprisonment for minor criminal offenses committed under 18 years of age pursuant to paragraph 2 of Article 12 and paragraph 2 of Article 102 of this Code;
(b) military servants sentenced to custody in a penal battalion for a term up to six months;
(c) persons sentenced under paragraph 1 of Article 29 of the 1960 Criminal Code of Ukraine, who serve their sentence in any places other than the place of employment but at the area of their residence, and also persons sentenced to correctional labor without imprisonment for a term up to six months.
3. All criminal cases instituted against persons, who committed any criminal offenses created by the 1960 Criminal Code of Ukraine and listed in paragraph 1 of this Chapter, shall be dismissed.
4. Persons serving their cumulative sentences, where they are discharged from punishment for certain criminal offenses under paragraph 1 of this Chapter, shall continue to serve sentences imposed by a court for any other cumulated criminal offenses, if they have not completed to serve them. The imposed punishment may also be decreased in cases provided for by paragraph 5 of this Chapter.
5. The penalties imposed under the 1960 Criminal Code of Ukraine, if they exceed the penalties of appropriate Articles of this Code above the maximum punishment thresholds prescribed by this Code, shall be reduced pursuant to paragraph 3 of Article 74 of this Code. The punishment of the deprivation of the right to occupy certain positions or engage in certain activities, where imposed as additional, shall be reduced pursuant to paragraph 1 of Article 55 of this Code to three years. The term of corrective labor imposed on minors shall be reduced pursuant to paragraphs two and three of Article 100 of this Code to one year, while the amount deducted from their salaries shall be reduced to 10 percent.
6. Persons serving their sentences of imprisonment imposed by a court for a term up to five years in colonies shall be regarded as such that serve the sentence of imprisonment provided for Article 61 of this Code.
7. Person deprived of parental rights pursuant to Article 38 of the 1960 Criminal Code of Ukraine may be reinstated in their rights only under the procedures defined by the Marriage and Family Code of Ukraine. Persons sentenced to a punishment of public reprimand (Article 33 of the 1960 Criminal Code of Ukraine) shall be regarded as such that have no conviction, if their conviction had not been canceled prior to the entry of this Code into force.
8. The judgments shall not be enforced in those parts that impose forfeiture of property or fine, where the forfeited property had not been seized and sold, and the fine had not been exacted prior to the entry of this Code into force, if this Code does not provide for the forfeiture of property or fine for the same criminal offense.
9. As of the day of the entry of this Code into force, any persons regarded as especially dangerous recidivists under the 1960 Criminal Code of Ukraine shall no more be regarded as such. If these persons continue to serve their sentences, the judgments delivered in their regard shall be modified in the part where they are recognized as especially dangerous recidivists. Where necessary, the legal treatment of the committed criminal offenses shall be changed, and also the punishment shall be reduced pursuant to paragraph 3 of Article 74 of this Code. If the persons mentioned in the first sentence of this paragraph have completed their sentences but have unrevoked conviction, the conviction of these persons shall be canceled under rules provided for by Articles 89 and 90 of this Code.
10. All cases on criminal offenses of persons, who committed embezzlement of state or collective property in respect of large or especially large amounts as prescribed by paragraph 4 of Article 81, paragraph 4 of Article 82, paragraph 4 of Article 84, paragraph 2 of Article 86, and Article 861 of the 1960 Criminal Code of Ukraine, shall be reviewed to decide on the replacement of legal treatment of actions of these persons by appropriate paragraphs and Articles of this Code (Articles 185, 186, 187, 190 and 191).
Penalties imposed on persons convicted for embezzlement in respect of large or especially large amounts under Articles 81, 82, 83, 84, 86 and 861 of the 1960 Criminal Code of Ukraine and have not served their sentences, shall be adjusted to punishments prescribed by sanctions of Articles 185, 186, 187, 190 and 191 of this Code, if the punishment imposed by a court for a particular criminal offense is heavier than the one prescribed by this Code.
11. Rules established by the 1960 Criminal Code of Ukraine with regard to the limitation periods, parole, mitigation, cancellation and revocation of conviction shall apply to persons, who had committed criminal offenses prior to the entry of this Code into force, except where this Code lenifies the criminal liability of such persons.
12. Where the imposed punishment is more lenient than the one provided for by the law for the criminal offense committed prior to the entry of this Code, the court shall be guided by requirements of Article 44 of the 1960 Criminal Code of Ukraine.
13. Where the punishment is imposed for cumulative offenses, committed prior to the entry of this Code into force, Article 42 of the 1960 Criminal Code of Ukraine shall apply.
If at least one of the cumulated criminal offenses was committed after the entry of this Code into force, Article 70 or paragraph 2 of Article 103 of this Code shall apply.
If a person who serves a sentence commits any new criminal offense after the entry of this Code into force, Article 71 or paragraph 2 of Article 103 of this Code shall apply for the purposes of imposition of cumulative punishment.
14. When deciding on releasing on probation any person who committed any criminal offense after the entry of this Code into force, the court shall apply Articles 75 to 77 of this Code.
The probation period shall be reduced to two years for conditionally sentenced minors pursuant to paragraph 3 of Article 104 of this Code, if the probation period determined by the court was above this time limit.
15. Article 78 of this Code shall apply to persons sentenced to imprisonment with suspended enforcement under Article 46 of the 1960 Criminal Code of Ukraine.
16. If persons, who have committed criminal offences prior to the entry of this Code into force are discharged from criminal liability and punishment due to the change of circumstances or due to the fact that the act or the person that committed it lose their social dangerousness, paragraph 1 or 2 of Article 50 of the 1960 Criminal Code of Ukraine shall be applied.
17. Criminal offense committed by a person prior to the entry of this code into force, and also any conviction of a person, which has not been cancelled or revoked pursuant to the procedure prescribed by law, shall be taken into account for the purpose of the legal treatment of any new criminal offense committed by that person, and also in other cases as prescribed by this Code.
18. In deciding on the classification of criminal offenses created by the 1960 Criminal Code of Ukraine, which have been committed prior to the entry of this Code into force, to minor, medium gravity, grave and special grave criminal offenses, Article 12 of this Code shall be applied, if this mitigates the criminal liability of persons who have committed criminal offenses prior to the entry of this Code into force. In other cases, relevant provisions of the 1960 Criminal Code of Ukraine should be applied.
19. The review of cases of persons who have been sentenced under the 1960 Criminal Code of Ukraine, and also the dismissal of cases of persons who have committed criminal offenses prior to the entry of this Code into force and whose cases are pending in courts, pretrial investigation or inquiry authorities, shall be handled by a court.
20. Authorities responsible for enforcement of sentences passed by courts must provide appropriate materials on persons, who serve their sentences, to courts.
21. Matters referred to in paragraphs 3, 4, 6, 7, 9, 10, 15 of this Chapter shall be reviewed by courts upon motion of the administration of the penitentiary institution or prosecutor in open court together with the prosecutor - and representative of the administration of the penitentiary institution if the case is reviewed upon their motion.
Ruling of the court on these matters may not be appealed but may be contested under the procedure of judicial supervision on general grounds.

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