Article 255. Creation of a criminal organization
1. Creation of a criminal organization for
the purpose of committing a grave or special
grave offense, and also leadership or participation
in such organization, or participation of
offenses committed by such organization, and
also the organizing, running or facilitating
a meeting (convention) of members of criminal
organizations or organized groups for the
purpose of development of plans and conditions
for joint commission of criminal offenses,
providing logistical support of criminal activities
or coordination of activities of so associated
criminal organizations or organized groups,
-
shall be punishable by imprisonment for a
term of five to twelve years.
2. A person, other than an organizer or leader
of a criminal organization, shall be discharged
from criminal liability for the offense created
by this Article, if he/she has voluntary reported
the creation of the criminal organization
or his/her participation in it, and effectively
assisted in uncovering this organization.
rticle 256. Assistance to members of criminal
organizations and covering up of their criminal
activity
1. Assistance, which was not promised in advance,
to members of criminal organizations and covering
up of their criminal activities by providing
premises, shelters, vehicles, information,
documents, equipment, money, or securities,
and also taking other actions, which were
not promised in advance, to create conditions
facilitating their criminal activities, -
shall be punishable by imprisonment for a
term of three to five years.
2. The same actions committed by an official
or repeated, -
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.
Article 257. Gangsterism
Organizing an armed criminal gang for the
purpose of attacking businesses, institutions,
organizations or private individuals, and
also participation in such gang or its attacks,
-
shall be punishable by imprisonment for a
term of five to fifteen years with the forfeiture
of property.
Article 258. Act of terrorism
1. An act of terrorism, that is the use of
weapons, explosions, fire or any other actions
that exposed human life or health to danger
or caused significant pecuniary damage or
any other grave consequences, where such actions
sought to violate public security, intimidate
population, provoke an armed conflict, or
international tension, or to exert influence
on decisions made or actions taken or not
taken by government agencies or local government
authorities, officials and officers of such
bodies, associations of citizens, legal entities,
or to attract attention of the public to certain
political, religious or any other convictions
of the culprit (terrorist), and also a threat
to commit any such acts for the same purposes,
-
shall be punishable by imprisonment for a
term of five to ten years.
2. The same actions, if repeated or committed
by a group of persons upon their prior conspiracy,
or where these actions caused significant
property damage or other grave consequences,
-
shall be punishable by imprisonment for a
term of seven to twelve years.
3. Any such actions 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 ten to fifteen years, or life imprisonment.
4. Establishing, leading, or participating
in a terrorist group or terrorist organization,
and also providing logistical, organizational
or any other assistance in order to facilitate
the establishment or operation of a terrorist
group or terrorist organization, -
shall be punishable by imprisonment of eight
to fifteen years.
5. Any person, other than an organizer or
leader, shall be discharged from criminal
liability for any action provided for in paragraph
4 of this Article, if he/she has voluntarily
reported it to a law enforcement authority
and assisted in termination of existence or
operations of such terrorist group or organization,
or in uncovering criminal offenses related
to the creation or operation of such terrorist
group or organization, unless his/her actions
contain no elements of any other offense.
Article 259. Knowingly false report of a
threat to the safety of citizens, destruction
or impairment of property
1. Knowingly false report of the preparation
of an explosion or fire or any other actions
that may cause death of people or any other
grave consequences, -
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.
2. The same action that caused any grave consequences
or repeated, -
shall be punishable by imprisonment for a
term of two to five years.
Article 260. Creation of unlawful paramilitary
or armed formations
1. Creation of paramilitary formations in
contravention of Ukrainian laws, and participation
in the operations, -
shall be punishable by imprisonment for a
term of two to eight years.
2. Creation of armed formations in contravention
of Ukrainian laws, and participation in the
operations, -
shall be punishable by imprisonment for a
term of three to eight years.
3. Leadership in the formations specified
in paragraphs 1 and 2 of this Article, financing,
supplying weapons, ammunition, explosives
or military enginery to these formations,
-
shall be punishable by imprisonment for a
term of five to ten years.
4. Participation in attacks on businesses,
institutions, organizations or private individuals,
as a member of formations specified in paragraphs
1 and 2 of this Article, -
shall be punishable by imprisonment for a
term of seven to twelve years.
5. Any such actions as provided for by paragraph
4 of this Article, where they caused death
of people or any other grave consequences,
-
shall be punishable by imprisonment for a
term of ten to fifteen years.
6. Any person, who was a member of formations
specified in this Article, shall be discharged
from criminal under this Article for any actions
provided for in paragraph 1 or 2 of this Article,
if he/she has voluntarily abandoned any such
formation and reported its existence to government
agencies or local government authorities.
Note:
1. A paramilitary formation shall mean a formation
or a group that has a military organizational
structure, including the unity of command,
subordination and discipline, and performs
military exercise, line training and physical
drills.
2. An armed formation shall mean a military
group that is illegally armed with firearms,
explosives or other weapons fit for use.
Article 261. Attacks on objects which contain
any items of increased danger to the environment
Attacks on any objects with any radioactive,
chemical, biological or explosive materials,
substances, or items produced, stored, used
or transported therein, for the purpose of
seizure, impairment or destruction of any
such objects, -
shall be punishable by imprisonment for a
term of five to twelve years.
Article 262. Stealing, appropriation or
extortion of firearms, ammunition, explosives
or radioactive material, or obtaining them
by fraud of abuse of office
1. Stealing, appropriation or extortion of
firearms (other than smoothbore hunting guns),
ammunition, explosive substances, explosive
devices or radioactive material, or obtaining
them by fraud, -
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,
and also obtaining items listed in paragraph
1 of this Article through abuse of office,
-
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, where committed by
an organized group, and also brigandism for
the purpose of stealing firearms (other than
smoothbore hunting guns), ammunition, explosives
or radioactive materials, and also extortion
of any such items accompanied with violence
dangerous to human life or health, -
shall be punishable by imprisonment for a
term of ten to fifteen years with the forfeiture
of property.
Article 263. Unlawful handling of weapons,
ammunition or explosives
1. Carrying, storing, purchasing, producing,
repairing, transferring or selling firearms
(other than smoothbore hunting guns), ammunition,
explosive substances or explosive devices
without a permit required by law, -
shall be punishable by imprisonment for a
term of two to seven years.
2. Carrying, producing, repairing or selling
of daggers, Finnish knives, brass knuckles
or cold arms without a permit required by
law, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or restraint of liberty for
a term up of two to five years, or imprisonment
for a term up to three years.
3. A person, who committed an offense created
by paragraph 1 or 2 of this Article, shall
be discharged from criminal liability, if
that person voluntarily surrendered weapons,
ammunition, explosive substances or explosive
devices to the authorities.
Article 264. Negligent storage of firearms
or ammunition
Negligent storage of firearms or ammunition
that caused death of people or any other grave
consequences, -
shall be punishable by restraint of liberty
for a term up to three years, or imprisonment
for the same term.
Article 265. Unlawful handling of radioactive
materials
1. Purchasing, carrying, storing, using, transferring,
modifying, destroying, cutting or breaking
radioactive materials (sources of ionizing
radiation, radioactive substances or nuclear
materials in any physical state in any installation
or product, or in any other form) without
a permit required by law, -
shall be punishable by imprisonment for a
term of two to five 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 266. Threats to steal or use radioactive
materials
1. Threats to steal or use radioactive materials
for the purpose of forcing a person, or a
legal entity, or an international organization,
or the State to take or abstain from any action,
if there were are reasonable grounds to believe
that the threats could be fulfilled, -
shall be punishable by imprisonment for a
term up to three years.
2. Threats to use radioactive materials for
the purposed of causing death of people or
any other grave consequences, if there were
reasonable grounds to believe that the threats
could be fulfilled, -
shall be punishable by imprisonment for a
term up to five years.
Article 267. Violation of regulations on
handling explosives, flammable and caustic
substances, or radioactive materials
1. Violation of regulations on storing, using,
keeping records of, or transporting explosive
substances or radioactive materials or any
other rules on handling them, and also illegal
mailing or shipping of the aforesaid substances,
where this violation caused a risk of death
of people or 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 restraint of liberty
for a term up to three years, or imprisonment
for a term up to three years.
2. The same actions and also illegal mailing
or shipping of flammable or caustic substances,
where they causes death of people or any other
grave consequences, -
shall be punishable by imprisonment for a
term of three to twelve years.
Article 268. Illegal movement of waste and
secondary raw materials to Ukraine
1. Movement of waste or secondary raw materials
to or through Ukraine without a proper permit,
-
shall be punishable by the fine up to 100
tax-free minimum incomes, or restraint of
liberty for a term up to three years.
2. Movement, to or through Ukraine, of substances
or materials classified as hazardous waste,
movement of which to Ukraine is prohibited,
-
shall be punishable by a fine up of 50 to
200 tax-free minimum incomes, or imprisonment
for a term up to three years.
Article 269. Illegal transportation of explosive
or flammable substances by aircraft
1. Illegal transportation of explosive or
flammable substances by aircraft, -
shall be punishable by a fine up to 50 tax-free
minimum incomes, or correctional labor for
a term up to two years, or imprisonment for
the same term.
2. The same actions that caused death of people
or any other grave consequences, -
shall be punishable by imprisonment for a
term of three to ten years.
Article 270. Violation of fire safety requirements
established by law
1. Violation of fire safety requirements established
by law, where it caused a fire that resulted
in any damage to human health or heavy property
damage, -
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.
2. The same action that caused death of people,
especially heavy property damage or any other
grave consequences, -
shall be punishable by imprisonment for a
term of three to eight years.
Note: Property damage is held to be heavy,
if direct losses exceed 300 tax-free minimum
incomes, and is held to be especially heavy,
if direct losses exceed 1000 tax-free minimum
incomes.
