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.
