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.
