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Law No. 2341-III Criminal Code of Ukraine.

Pays/Territoire
Ukraine
Type du document
Législation
Date
2001 (2020)
Source
FAO, FAOLEX
Sujet
Environnement gén., Forêts, Terre et sols, Ressources minérales, Eau, Général
Mot clé
Loi-cadre Gouvernance Protection sociale Contrat/accord EIA Lutte contre la pollution Radiation Exploitation minière Santé publique Accès-à-l'information Infractions/sanctions Procédures judiciaires/procédures administratives Principe pollueur-payeur Bois Coupe de bois/exploitation forestière Fraude Commerce international Gestion forestière/conservation des forêts Conservation du sol/amélioration du sol Pollution du sol/qualité Remise en état des sols Minéraux Pollution des eaux douces
Aire géographique
Mer Noire, CEI (Communauté des États indépendants), Europe de l'Est, Europe, Europe et Asie Centrale
Entry into force notes
This Law enters into force on 1 September 2001.
Résumé

The Criminal Code of Ukraine has the task of legal protection of human and civil rights and freedoms, property, public order and public safety, environment, constitutional system of Ukraine from criminal encroachments, ensuring peace and security of people, as well as crime prevention. To carry out this task, the Criminal Code of Ukraine determines which socially dangerous acts are crimes and which punishments are applied to the perpetrators. A person shall be presumed innocent of committing a crime and may not be subjected to criminal punishment until his guilt has been proved in a lawful manner and established by a court conviction. Exploitation of a child who has not reached the age from which the law allows employment by using his labor shall be punishable by arrest for a term up to six months or restriction of liberty for a term up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years. The same acts committed against several children or if they have caused significant harm to the health, physical development or educational level of the child, or combined with the use of child labor in harmful production, shall be punishable by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. The actions provided for in parts one or two of this Article, committed by an organized group, shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years (Art 150.). Gross violation of the employment agreement by an official of an enterprise, institution, organization, regardless of the form of ownership, as well as by an individual citizen or their authorized person by deception or abuse of trust or coercion to perform work not stipulated by the agreement, shall be punishable by a fine of up to 50 tax-free minimum incomes, or deprivation of the right to hold certain positions or engage in certain activities for up to five years, or arrest for up to six months, or restriction of liberty for up to two years. The same actions committed in relation to a citizen with whom an agreement has been concluded on his work outside Ukraine, shall be punishable by a fine of 50 to 100 tax-free minimum incomes or restriction of liberty for up to three years (Art. 173.). Movement across the customs border of Ukraine outside customs control or with concealment from customs control of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine, shall be punishable by imprisonment for a term of three to five years. The same act committed by a person who has previously committed one of the crimes provided for in Articles 201 , 201 - 1, 246 of this Code, or by prior conspiracy by a group of persons, or by an official using power or official position, or on a large scale, shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years and with confiscation of property (Art 201.). Violation of the procedure for environmental impact assessment, environmental security rules during the design, placement, construction, reconstruction, commissioning, operation and liquidation of enterprises, buildings, vehicles and other facilities, if it caused death, environmental pollution of large areas or other serious consequences, shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years (Art 236.). Avoidance or improper carrying out of decontamination or other remedial measures to eliminate or eliminate the consequences of environmental pollution by a person subject to such pollution in the territory exposed to hazardous substances or radiation, if it resulted in death or other serious consequences, shall be punishable by restriction of liberty for a term up to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years (Art 237.). Concealment or intentional misrepresentation by an official of information on environmental, including radiation, conditions that are associated with pollution of land, water resources, air, food and food raw materials and that adversely affect human health, flora and fauna, as well as the state of morbidity in areas with high environmental risk shall be punishable by a fine of up to 100 tax-free minimum incomes, or deprivation of the right to hold certain positions or engage in certain activities for up to three years, or restriction of liberty for up to three years. The same acts committed repeatedly or in an area declared an ecological emergency zone, or which have resulted in deaths or other serious consequences, shall be punishable by restriction of liberty for a term of two to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such (Art. 238). . Contamination or damage to land by substances, waste or other materials harmful to human life, health or the environment, as a result of violation of special rules, if it created a danger to life, human health or the environment, shall be punishable by a fine of up to 200 tax-free minimum incomes or by deprivation of the right to hold certain positions or engage in certain activities for up to three years. The same acts that caused the death of people, their mass illness or other serious consequences shall be punishable by restriction of liberty for a term of two to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such (Art 238). Illegal possession of the soil cover (surface layer) of land, if it has created a danger to life, human health or the environment, shall be punishable by a fine of two hundred to five hundred non-taxable minimum incomes or restriction of liberty for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years. The same act, if it is committed repeatedly, or by prior conspiracy by a group of persons, or has caused material damage in a large amount, shall be punishable by restriction of liberty for a term of two to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years (Art 239). Illegal possession of the surface (soil) layer of water fund lands in especially large amounts - shall be punishable by a fine of one hundred to three hundred non-taxable minimum incomes or restriction of liberty for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years. The same act committed repeatedly or by prior conspiracy by a group of persons - shall be punishable by restriction of liberty for a term of two to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years. The actions provided for in parts one or two of this Article, if they have caused serious consequences, - shall be punishable by restriction of liberty for a term of three to five years or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years (Art. 239-2). Violation of the established rules of subsoil protection, if it created a danger

Texte intégral
Ukrainien
Site web
www.rada.gov.ua