Article 199. Making, storage, purchase, transportation,
mailing, or bringing into Ukraine for selling
purposes, or sale of counterfeit money, government
securities or state lottery tickets
1. Making, storage, purchase, transportation,
mailing, or bringing into Ukraine for selling
purposes, or sale of counterfeit money, public
securities or state lottery tickets of counterfeit
Ukrainian currency in the form of soft or
hard money, or foreign currency, or government
securities, or state lottery tickets, -
shall be punishable by imprisonment for a
term of three to seven years.
2. The same actions, if repeated or committed
by a group of persons upon their prior conspiracy,
or in respect of large amount, -
shall be punishable by imprisonment for a
term of five to ten years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, if committed by an
organized group or in respect of especially
large amount, -
shall be punishable by imprisonment of eight
to twelve years with forfeiture of property.
Note: Actions provided for by this Article
shall be deemed to have been committed in
respect of large amount, where the amount
of a counterfeit equals or exceeds 200 tax-free
minimum incomes, and in respect of extremely
large amount, where the amount of a counterfeit
equals or exceeds 400 tax-free minimum incomes.
Article 200. Illegal actions in respect
of remittance documents, payment cards and
other means providing access to bank accounts,
and equipment for their production
1. Forgery of remittance documents, payment
cards and other means providing access to
bank accounts, and also purchase, storage,
transportation or sending for selling purposes
of counterfeit remittance documents or payment
cards, or their use or sale, -
shall be punishable by a fine of 500 to 1,000
tax-free minimum incomes, or imprisonment
for a term up to three years.
2. The same actions, if repeated or committed
by a group of persons upon their prior conspiracy,
-
shall be punishable by imprisonment for a
term of two to five years.
Note: Remittance documents shall mean any
paper or electronic documents used by banks
or their clients to transfer remittance orders
or information between those involved in remittance
(payment documents, cash remittance documents,
documents used for interbank remittance and
payment notice, etc.)
Article 201. Smuggling
1. Smuggling, that is the movement of goods
across the customs border of Ukraine bypassing
the customs control or by concealing from
the customs control, if committed in respect
of large amounts, and also illegal movement
of historic and cultural values, poisonous,
strong, radioactive or explosive substances,
weapons and ammunition (except smoothbore
hunting guns and ammunition thereto), and
also smuggling of strategically important
basic commodities, export of which outside
Ukraine is regulated by appropriate rules
established by law, -
shall be punishable by imprisonment for a
term of three to seven years with the forfeiture
of smuggled items.
2. The same actions committed by a group of
persons upon their prior collusion, or by
a person previously convicted of the criminal
offense under this Article, -
shall be punishable by imprisonment for a
term of five to twelve years with the forfeiture
of smuggled items and forfeiture of property.
Note: Smuggling of goods is committed in respect
of large amounts if the value of such goods
equals or exceeds 1,000 tax-free minimum incomes.
Article 202. Violation of business operation
and banking procedures
1. Carrying out any activities which comprise
elements of business, without state registration
of a business entity, or performance of any
business operations subject to licensing pursuant
to the law without having procured such licenses,
or performance of any such business in violation
of licensing conditions, where it involved
the making of significant profits, -
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for the same term.
2. Carrying out banking activities or banking
transactions, and also professional activities
in the securities market or transactions in
non-banking financial institutions, without
state registration or special permit (license)
as prescribed by law, or doing the same in
violation of licensing conditions, where it
involved the making of significant profits,
-
shall be punishable by a fine of 200 to 500
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
Note: Significant profits shall mean the profits
amounting to or exceeding 1,000 tax-free minimum
incomes.
Article 203. Engagement in prohibited business
activities
1. Carrying out business activities specifically
prohibited by law, except as otherwise provided
for by other articles of this Code, -
shall be punishable by a fine of 50 to 100
tax-free minimum incomes with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years and with or without the forfeiture
of property.
2. The same actions where they involved making
of significant profits or were committed by
a person previously convicted for engagement
in prohibited business activities, -
shall be punishable by restraint of liberty
for a term up to five years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Note: Significant profits shall mean the profits
amounting to or exceeding 1,000 tax-free minimum
incomes.
Article 204. Unlawful manufacturing, storage,
sale or transportation for selling purposes
of excisable goods
1. Unlawful purchase or storage for selling
purposes, or sale, or transportation for selling
purposes of illegally manufactured alcohol,
tobacco or any other excisable goods, -
shall be punishable by a fine of 500 to 1,050
tax-free minimum incomes, or restraint of
liberty for a term up to three years, with
the forfeiture of illegally manufactured goods
and manufacturing equipment.
2. Illegal manufacturing of alcohol, tobacco
and other excisable goods by establishing
clandestine shops or use of equipment for
mass production of such goods, or where it
was committed by a person previously convicted
under this article, -
shall be punishable by a fine of 1000 to 2000
tax-free minimum incomes, or by imprisonment
of 3 to 7 years, with seizure of goods so
produced and with forfeiture of assets.
3. Illegal manufacturing of goods specified
in paragraphs 1 and 2 of this Article from
raw material of poor quality hazardous to
human life and health, or where it caused
poisoning of people or any other grave consequences,
-
shall be punishable by imprisonment for a
term of five to ten years with seizure and
destruction of goods so manufactured and forfeiture
of manufacturing equipment.
Article 205. Sham business
1. Sham business, that is the establishment
or acquisition of businesses entities (legal
entities) to cover illegal activities or engage
in prohibited types of business, -
shall be punishable by a fine of 300 to 500
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
2. The same acts, if repeated or where they
caused a significant pecuniary damage to the
State, a bank, lending institution, other
legal entities or citizens, -
shall be punishable by imprisonment for a
term of three to five years.
Note: Pecuniary damage inflicted upon individuals
is significant where it equals or exceeds
200 tax-free minimum incomes, whereas pecuniary
damage inflicted upon the State or a legal
entity is significant where it equals or exceeds
1,000 tax-free minimum incomes.
Article 206. Obstruction of legitimate business
activity
1. Obstruction of legitimate business activity,
that is unlawful demand to discontinue or
restrain business operations, make a contract
or fail to fulfil a concluded contract, if
the fulfillment (or failure to fulfil) of
such contract may cause pecuniary damages
or derogate legitimate rights or interests
of the person involved in business, and where
it involves a threat of violence in regard
of the victim or his close relatives, or a
threat to damage or destroy their property,
but is not associated with elements of extortion,
-
shall be punishable by correctional labor
for a term up to two years, or restraint of
liberty for a term up to three years.
2. The same actions, if repeated, or committed
by a group of persons upon their prior conspiracy,
or combined with a threat of murder or grievous
bodily injury, or with violence not dangerous
to life and health, or endamagement or destruction
of property, -
shall be punishable by imprisonment for a
term of three to five years.
3. Obstruction of legitimate business activity,
if committed by an organized group or by an
official through taking advantage of his/her
office, or combined with violence dangerous
to life or health, or where it caused a significant
damage or any other grave consequences, -
shall be punishable by imprisonment for a
term of five to ten years.
Note: Pecuniary damage is significant if it
equals or exceeds 500 tax-free minimum incomes.
Article 207. Evasion of repatriation of
foreign currency proceeds
1. Willful Evasion, by officials of enterprises,
institutions and organizations of any ownership
status or by unincorporated entrepreneurs,
of repatriation to Ukraine, within time limits
prescribed law, of any foreign currency proceeds
gained from export sale of goods (work, services),
or any other material values acquired for
such proceeds, and also willful concealment
in any manner of such proceeds, goods or other
material values, -
shall be punishable by a fine of 600 to 1,000
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to three years.
2. The same actions, if repeated, or committed
by a group of persons upon their prior conspiracy,
and also willful evasion of the repatriation
of foreign currency proceeds, or goods or
any other material values acquired for such
proceeds, and willful concealment in any manner
of such proceeds, goods or other material
values in respect of large amounts, -
shall be punishable by restraint of liberty
for a term of three to five years, or imprisonment
of a term up to three years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, if committed in respect
of especially large amounts, -
shall be punishable by imprisonment for a
term of three to seven years.
Note:
(1) Evasion of repatriation of foreign currency
proceeds, or goods or any other material values
acquired for such proceeds, and the concealment
in any manner of such proceeds, goods or other
material values is committed in respect of
large amounts where the value of such proceeds,
or goods or other material values equals or
exceeds 1,000 tax-free minimum incomes (as
calculated in the Ukrainian currency on the
basis of the official exchange rate of the
national currency established by the National
Bank of Ukraine for the last day of the legally
prescribed time limit for the transfer of
foreign currency proceeds from abroad).
(2) Evasion of repatriation of foreign currency
proceeds, or goods or any other material values
acquired for such proceeds, and the concealment
in any manner of such proceeds, goods or other
material values is committed in respect of
especially large amounts where the value of
such proceeds, or goods or other material
values equals or exceeds 3,000 tax-free minimum
incomes (as calculated in the Ukrainian currency
on the basis of the official exchange rate
of the national currency established by the
National Bank of Ukraine for the last day
of the legally prescribed time limit for the
transfer of foreign currency proceeds from
abroad).
Article 208. Illegal opening or use of currency
accounts outside Ukraine
1. Illegal opening or use, contrary to the
procedures established by law, of currency
accounts of private persons outside Ukraine
by a Ukrainian citizen permanently residing
on its territory, and also currency accounts
of legal entities operating on the territory
of Ukraine by an official of an enterprise,
institution or organization, or by any other
person acting on request of such official,
and also any such actions committed by an
unincorporated entrepreneur, -
shall be punishable by a fine of 500 to 1,000
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for a term of two to four years,
with or without the forfeiture of currency
values placed on such accounts.
2. The same actions, if repeated, or committed
by a group of persons upon their prior conspiracy,
-
shall be punishable by imprisonment of three
to seven years with the deprivation of the
right to occupy certain positions or engage
in certain activities for a term up to three
years and the forfeiture of currency values
placed on such accounts.
Article 209. Legalization (laundering) of
criminally obtained money and other property
1. Effecting financial transactions and other
deals involving money or other property known
to be proceeds from crime, and also use of
such money and other property in business
or other economic activities, and creation
of organized groups in or outside Ukraine
for the purpose of legalization (laundering)
of money and other property known to be proceeds
from crime, -
shall be punishable by fine of 500 to 3,000
tax-free minimum incomes, or restraint of
liberty for a term of three to five years,
or imprisonment for a term up to three years,
with the forfeiture of criminally obtained
money and other property.
2. The same actions, if repeated, or committed
by a group of persons upon their prior conspiracy,
-
shall be punishable by imprisonment of five
to twelve years with the forfeiture of criminally
obtained money and other property and forfeiture
of property.
Article 210. Violation of law on budget
system of Ukraine
1. Use of budget funds by an official contrary
to their target allocation or in amounts exceeding
approved expenditure limits, and also failure
to comply with requirements related to proportional
decrease of budget expenses or proportional
financing of expenditure items of budgets
of all levels pursuant to applicable budget
legislation, where large amounts of budget
funds are involved, -
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to three years, with
or without the deprivation of the right to
occupy certain positions or engage in certain
activities for a term up to three years.
2. The same acts committed in respect of especially
large amounts of budget funds, or repeated,
or committed by a group of persons upon their
prior conspiracy, -
shall be punishable by restraint of liberty
for a term of two to five years, or imprisonment
for a term of two to eight years with the
deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
Note:
1. Budget funds are the funds of budgets of
all levels irrespective of the source of their
formation.
2. Large amount of budget funds in Articles
210 and 211 of this Code shall mean the amount
that equals or exceeds 1,000 tax-free minimum
incomes.
3. Especially large amount of budget funds
in Articles 210 and 211 of this Code shall
mean the amount that equals or exceeds 3,000
tax-free minimum incomes.
Article 211. Making of regulations or directives
that modify budget revenues and expenses contrary
to the procedures prescribed by law
1. Making of regulations or directives by
an official, which modify budget revenues
and expenses contrary to the procedures prescribed
by law, where large amounts of budget funds
are involved, -
shall be punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional
labor for a term up to two years, or restraint
of liberty for a term up to five years, or
imprisonment for a term up to four years,
with the deprivation of the right to occupy
certain positions or engage in certain activities
for a term up to three years.
2. The same actions committed in respect of
especially large amounts of budget funds,
or repeated, -
shall be punishable by imprisonment for a
term of three to ten years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 212. Evasion of taxes, fees or other
compulsory payments
1. Willful evasion of taxes, fees or other
compulsory payments which are part of the
taxation system established by law, by an
official of an enterprise, institution or
organization of any ownership status, or by
any unincorporated entrepreneur, or by any
other person liable to pay such taxes, fees
or other compulsory payments, where such actions
resulted in actual non-receipt of significant
amounts of funds by budgets or special state
funds, -
shall be punishable by a fine of 300 to 500
tax-free minimum incomes, or deprivation of
the right to occupy certain positions or engage
in certain activities for a term up to 5 years.
2. The same actions, if committed by a group
of persons upon their prior conspiracy, or
where they resulted in actual non-receipt
of large amounts of funds by budgets or special
state funds, -
shall be punishable by a fine of 500 to 2,000
tax-free minimum incomes, or correctional
labor for a term of two years, or restraint
of liberty for a term of five years, with
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, if committed by a
person previously convicted of evasion of
taxes, fees, or other compulsory payments,
or where they resulted in actual non-receipt
of especially large amounts of funds by budgets
or special state funds, -
shall be punishable by imprisonment of five
to ten years with the deprivation of the right
to occupy certain positions or engage in certain
activities for a term up to three years and
with the forfeiture of property.
4. A person who committed an act provided
for by paragraph 1 of this Article for the
first time shall be discharged from criminal
liability if he/she paid taxes, fees (compulsory
payments) and indemnified the State for the
damage caused by late payment (fiscal penalties,
fines) prior to the institution of a criminal
case against him/her.
Note: A significant amount of funds means
any amount of taxes, fees or other compulsory
payments which equals or exceeds 500 tax-free
minimum incomes as established by law; a large
amount of funds means any amount of taxes,
fees or other compulsory payments which equals
or exceeds 3,000 tax-free minimum incomes
as established by law; an especially large
amount means any amount of taxes, fees or
other compulsory payments which equals or
exceeds 5,000 tax-free minimum incomes as
established by law.
Article 213. Violation of procedures related
to operations with scrap metal
1. Operations with non-ferrous and ferrous
scrap metal without state registration or
special permit (license) as required by law,
or letting buildings or constructions for
establishment of illegal stations of collection,
storage and sale of scrap metal, -
shall be punishable by a fine of 100 to 500
tax-free minimum incomes, or correctional
labor of 100 to 200 hours.
2. Any such acts as provided for by paragraph
1 of this Article, if committed by a person
previously convicted for a criminal offense
under this Article, -
shall be punishable by a fine of 500 to 1,000
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
Article 214. Violation of rules related
to supply of precious metals and precious
stones
Evasion of supply for affinage, compulsory
under the law, or compulsory sale of precious
metals or precious stones mined, or recovered
from secondary raw materials, picked up or
found, where any such act was committed in
respect of a large amount, and also evasion
of compulsory supply for affinage or compulsory
sale of bought up precious metals, precious
stones, jewelry or products for domestic use
made of the above or scrap of such products,
-
shall be punishable by a fine of 300 to 1,000
tax-free minimum incomes, or restraint of
liberty for a term up to two years.
Note: Violation of the rules related to supply
of precious metals and precious stones is
committed in respect of a large amount if
the value of items described in this Article,
which were not supplied or sold, exceeds 500
tax-free minimum incomes.
Article 215. Counterfeiting of postage stamps
and travel documents
Production for selling purposes, sale or use
of knowingly counterfeit postage stamps, labeled
products, international postal reply coupons,
identification cards for international postal
traffic, prints of labeling devices, and also
tickets for railway, water, air or motor transport
and other travel documents and shipment documents,
-
shall be punishable by a fine up to 50 tax-free
minimum incomes, or correctional labor for
a term up to two years, or restraint of liberty
for a term up to three years.
Article 216. Illegal production, counterfeiting,
use or sale of illegally produced, acquired
or counterfeit documentary stamps or check
stamps
1. Illegal production, counterfeiting, use
or sale of illegally produced, acquired or
counterfeit documentary stamps or check stamps
for labeling of packages of copies of audiovisual
works and phonograms, or holographic protection
elements, -
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of
liberty for a term up to four years.
2. The same actions, if repeated, -
shall be punishable by a fine of 300 to 1,000
tax-free minimum incomes, or restraint of
liberty for a term of three to five years.
Article 218. Fraudulent bankruptcy
A knowingly false official statement made
by a citizen, who is a founder or owner of
a business entity, or an official of a business
entity, or a citizen, who is an individual
entrepreneur, declaring the financial incapacity
to meet the liabilities with respect to creditors
and budget, where such actions caused significant
pecuniary damage to creditors or the State,
-
shall be punishable by a fine of 750 to 2,000
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
Note: The pecuniary damage in Articles 218
to 223 of this Code is significant if it equals
or exceeds 500 tax-free minimum incomes.
Article 219. Making bankrupt
Making bankrupt, that is willful actions of
an owner or official of a business entity
taken for selfish motives, other personal
interest or interests of any third party and
resulting in a lasting financial insolvency
of such business, where it caused a significant
pecuniary damage to the State or a creditor,
-
shall be punishable by a fine of 500 to 800
tax-free minimum incomes with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to 3 years.
Article 220. Concealment of lasting financial
insolvency
Willful concealment of financial insolvency
by a citizen, who is the founder or owner
or an official of a business entity, by way
of filing false reports, where these acts
cause a significant pecuniary damage to a
creditor, -
shall be punishable by a fine of 2,000 to
3,000 tax-free minimum incomes, or restraint
of liberty for a term up to two years, with
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to 3 years.
Article 221. Illegal actions in case of
bankruptcy
Where a person, who has established, or owns
or acts for a business that goes or may go
bankrupt,
Willful concealment of assets or property
obligations, any information on assets, transfer
of titles, alienation or destruction of property,
and also fabrication, concealment or destruction
of business or financial documents by a citizen
who is the founder, owner or official of a
business entity in case of bankruptcy, where
these actions caused a significant pecuniary
damage, -
shall be punishable by a fine of 100 to 500
tax-free minimum incomes, or arrest for a
term up to three months with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 222. Financial fraud
1. Filing knowingly false information by a
private entrepreneur or a founder, owner or
official of a business entity to government
agencies, authorities of the Autonomous Republic
of Crimea or local government authorities,
banks or other creditors in order to obtain
subsidies, subventions, grants, loans or tax
credits, where no elements of criminal offense
against property are involved, -
shall be punishable by a fine of 500 to 1,000
tax-free minimum incomes, or restraint of
liberty for a term up to three years, with
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
2. The same actions, if repeated, or where
they caused significant pecuniary damage,
-
shall be punishable by imprisonment for a
term of two to five years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Article 223. Violation of procedures related
to emission and circulation of securities
1. Emission of securities by a citizen or
official of a business entity by way of their
open distribution without registration of
the emission under the procedure established
by law, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or deprivation of the right
to occupy certain positions or engage in certain
activities for a term up to three years, or
correctional labor for a term up to two years.
2. Willful distortion of information in documents
submitted for registration of securities emission,
by a citizen or official of a business entity,
and also approval of such documents, where
these actions caused a significant pecuniary
damage to an investor, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or deprivation of the right
to occupy certain positions or engage in certain
activities for a term up to three years, or
restraint of liberty for a term up to three
years.
Article 224. Making, sale and use of counterfeit
non-government securities
1. Making for selling purposes, sale or any
other use of counterfeit non-government securities,
-
shall be punishable by restraint of liberty
for a term of two to five years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
2. Any such actions as provided for by paragraph
1 of this Article, if repeated or where they
caused a significant pecuniary damage, -
shall be punishable by imprisonment for a
term of two to five years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
3. Any such actions as provided for by paragraph
1 or 2 of this Article, if committed by an
organized group or where they caused an especially
great pecuniary damage, -
shall be punishable by imprisonment for a
term of five to seven years with the deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years.
Note:
(1) The repeated offense in Article 224 is
an offense committed by a person who had previously
committed a criminal offense created by this
Article or Article 199 of this Code.
(2) For the purposes of this Article, the
material damage is deemed to be significant,
if it equals or exceeds 300 tax-free minimum
incomes, and is deemed to be especially great
if it equals or exceeds 1,000 tax-free minimum
incomes.
Article 225. Deceit of customers and clients
1. Willful cheating on measures, weight or
price calculation or any other deceit of customers
or clients while selling goods or providing
services, where these actions involved a large
amount, -
shall be punishable by a fine up to 500 tax-free
minimum incomes, or community service for
a term of 100 to 200 hours, or correctional
labor for a term up to two years, with the
deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
2. The same acts committed by a person previously
convicted for deceit of customers or clients,
-
shall be punishable by a fine of 100 to 500
tax-free minimum incomes, or restraint of
liberty for a term up to three years, with
the deprivation of the right to occupy certain
positions or engage in certain activities
for a term up to three years.
Note: Deceit of customers and clients is deemed
to be a deceit in respect of a large amount
if it causes pecuniary damages to a citizen,
which exceeds three tax free minimum incomes.
Article 226. Measuring equipment tampering
1. Making or remaking for use or sale, and
also sale of measuring devices or instruments,
-
shall be punishable by a fine up to 100 tax-free
minimum incomes, or community service for
a term up to 200 hours, or correctional labor
for a term up to two years, or arrest for
a term up to three months.
2. The same actions committed by a person
previously convicted under this Article, -
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or restraint of
liberty up to 3 years.
Article 227. Marketing or sale of products
of poor quality
Marketing or sale to consumers of products
of poor quality, i.e. products that do not
satisfy the established standards, norms,
rules and specifications, or incomplete products
and goods, where these acts are committed
in respect of large amounts, -
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or correctional
labor for a term up to two years, with the
deprivation of the right to occupy certain
positions and engage in certain activities
for a term up to three years.
Note: Marketing or sale of products of poor
quality is committed in respect of large amounts,
if it exceeds 300 tax-free minimum incomes.
Article 228. Conspiracy or coercion to change
or fix prices
1. Conspiracy to artificially raise or maintain
monopoly prices (tariffs), discounts, extra
payments or charges in order to eliminate
competition among businesses in contravention
of antimonopoly law, -
shall be punishable by a fine of 100 to 300
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
2. Violence or infliction of damage, or threats
of violence or damage made in order to artificially
change or fix prices, -
shall be punishable by a fine of 40 to 100
tax-free minimum incomes, or imprisonment
for a term up to three years.
3. Any such acts as provided for by paragraph
2 of this Article, if committed by an organized
group or a person previously convicted for
criminal offenses under this Article, -
shall be punishable by imprisonment for a
term of two to five years.
Article 229. Illegal use of trade mark
Illegal use of a trade (or service) mark,
registered trade name, product marking, where
it involved making of significant profits,
-
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or community service
for a term of 100 to 200 hours, or correctional
labor for a term up to two years.
Note: Significant profits are made if they
equal or exceed 300 tax-free minimum incomes.
Article 230. Violation of antimonopoly law
Willful failure to file or filing of knowingly
false documents or any other information with
the Antimonopoly Committee of Ukraine or its
territorial division, and also failure to
comply with legitimate decisions of these
authorities, committed by an officer of a
government agency, local government authorities,
bodies of administrative/economic management
and control, enterprise, institution or organization,
where it involved making of significant profits,
-
shall be punishable by a fine of 100 to 200
tax-free minimum incomes, or deprivation of
the right to occupy certain positions and
engage in certain activities for a term up
to three years, or correctional labor for
a term up to two years.
Note: Significant profits are made if they
equal or exceed 500 tax-free minimum incomes.
Article 231. Illegal collection for the
purpose of use or use of information on trade
secrets
Willful actions taken to obtain information
on trade secrets for the purpose of disclosure
of any other use (commercial espionage), and
also illegal use of such information, where
it caused a significant damage to a business
entity, -
shall be punishable by a fine of 200 to 1,000
tax-free minimum incomes, or restraint of
liberty for a term up to five years, or imprisonment
for a term up to three years.
Article 232. Disclosure of commercial secrets
Willful disclosure of commercial secrets without
consent of its owner, by a person who was
aware of these secrets in connection with
his/her professional or official activity,
where it was committed for selfish motives
and caused a significant damage to a business
entity, -
shall be punishable by a fine of 200 to 500
tax-free minimum incomes with deprivation
of the right to occupy certain positions or
engage in certain activities for a term up
to three years, or by correctional labor up
to two years, or imprisonment for the same
term.
Article 233. Illegal privatization of public
or communal property
1. Privatization of public or communal property
by means of understating its value through
use of valuation methods not envisaged by
law, or by use of forged privatization papers,
and also privatization of property which,
under the law, is not subject to privatization,
or privatization by an unqualified person,
-
shall be punishable by imprisonment for a
term of three to five years.
2. Any such action as provided for by paragraph
1 of this Article, where it resulted in illegal
privatization of public or communal property
in large amounts or was committed by a group
of persons upon their prior conspiracy, -
shall be punishable by imprisonment for a
term of five to twelve years with or without
the forfeiture of property.
Note: For the purposes of this Article, privatization
of property in large amounts takes place if
it equals or exceeds 1,000 tax-free minimum
incomes.
Article 234. Illegal actions in regard of
privatization papers
1. Sale or any other illegal assignment of
privatization papers by a person other than
owner of such, and also purchase or placement
of or any other transactions involving privatization
papers without proper authorization, -
shall be punishable by a fine of 100 to 500
tax-free minimum incomes, or correctional
labor for a term up to two years, or imprisonment
for the same term.
2. The same actions, if repeated, or committed
by a person previously convicted of any criminal
offense created by Articles 233 or 235, or
by an organized group, or through misuse of
office, -
shall be punishable by imprisonment for a
term of two to five years.
3. Stealing of privatization papers, -
shall be punishable by imprisonment for a
term of three to seven years.
Article 235. Failure to comply with mandatory
terms of privatization and further use of
public or communal property or enterprises
Providing false information in statements
on origin of funds used for the privatization
of public or communal property or enterprises
and in other documents required for the privatization
of such property and enterprises, and failure
to comply with the terms of further use and
other mandatory conditions pertinent to the
privatization, as established by laws and
other regulations, -
shall be punishable by a fine of 100 to 400
tax-free minimum incomes, or correctional
labor for a term up to two years.
