'National penalties - national proceedings' in document 'Ukraine - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III. CRIMINAL OFFENSE, ITS TYPES AND STAGES

Article 12. Classification of criminal offenses

1. Depending on the gravity, criminal offenses shall be classified as minor offenses, medium grave offenses, grave offenses, or special grave offenses.

2. A minor criminal offense shall mean an offense punishable by imprisonment for a term up to two years or a more lenient penalty.

3. A medium grave offense shall mean an offense punishable by imprisonment for a term up to five years.

4. A grave criminal offense shall mean an offense punishable by imprisonment for a term up to ten years.

5. A special grave offense shall mean an offense punishable by more than ten years of imprisonment or a life sentence.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

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 without any elements of torture, -
shall be punishable by imprisonment for a term of three to eight years. (Article 373 as amended by Law No 270-VI (270-17) of 15.04.2008)

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

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.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

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.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

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.

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

Article 384. Knowingly false testimony

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 384 as amended by Laws No 2456-IV (2456-15) of 03.03.2005, No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/2009 ( v020p710-09 ) of 10.09.2009)

GENERAL PART

Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE

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 386 as amended by Laws No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/ 2009 ( v020p710-09 ) of 10.09.2009

GENERAL PART

Chapter XX. CRIMINAL OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER

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.

GENERAL PART

Chapter XX. CRIMINAL OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER

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.

GENERAL PART

Chapter XX. CRIMINAL OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER

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 aimed at 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

GENERAL PART

Chapter XX. CRIMINAL OFFENSES AGAINST PEACE, SECURITY OF MANKIND AND INTERNATIONAL LEGAL ORDER

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 Intentionally directing attacks against installations, material, units or vehicles involved in a peacekeeping mission in accordance with the Charter of the United Nations - IAC
term up to two years.