UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
Forced division This sanction is applied in cases of monopoly abuse, requiring the division of the business entity. However, it is not applicable if organisational or territorial sepa - ration is impossible, or if there are significant techno - logical interconnections between the enterprises or their divisions. Damage compensation Individuals or entities harmed by violations of com - petition laws can seek compensation through com - mercial courts. These measures aim to enforce compliance and address anti-competitive practices effectively. 3.8 Consumer Criminal Law Ukrainian criminal legislation prescribes liability for various offences relating to the protection of con - sumer rights. These include the following. Introduction of Dangerous Products This offence involves the intentional placing on the Ukrainian market of products which do not comply with established safety standards. Such products may be either foodstuffs or non-food items. Criminal liability arises where the total value of the dan- gerous products exceeds UAH757,000 (EUR15,670). Constituent elements of the offence • Object – the protection of human life and health, public health and the environment. • Objective element – the placing on the market of products (the first availability of a product on the market of Ukraine, whether by sale or otherwise, for the purposes of distribution, consumption or use in the course of business activity) which do not meet established safety standards and which may pose a risk to life, health or the environment. • Subject – any natural person capable of liability who manufactures or places such products on the market (in the case of a legal entity – directors, rep - resentatives or other officials who took or author - ised the relevant actions). • Subjective element – intent (awareness of the prod - uct’s danger and potential for harm).
The penalty for this offence may include a fine of up to UAH136,000 (approximately EUR2,800), as well as a prohibition on holding certain positions or engaging in certain activities for up to three years. Sale of Radioactively Contaminated Products This offence covers the procurement, processing, transportation or sale of foodstuffs or other products contaminated with radioactive substances beyond permissible levels, which pose a risk of death or injury, or which have in fact caused death or injury. Constituent elements of the offence • Object – human life and health, and public safety. • Objective element – the procurement, processing, transportation or sale of foodstuffs or other prod - ucts contaminated with radioactive substances which may pose a threat to life or health. • Subject – any natural person capable of liability who carries out such actions (in the case of a legal entity – directors, representatives or other officials who took or authorised the relevant actions). • Subjective element – intent (awareness of the con - tamination and the associated danger). The maximum penalty for this crime is imprisonment for up to five years. Falsification of Medicinal Products This offence includes the manufacture, acquisition, transportation, transfer, storage for the purpose of sale, or sale of counterfeit medicinal products. Constituent elements of the offence • Object – human health, and the safety of medicinal products. • Objective element – the manufacture, acquisition, transportation, transfer, storage for the purpose of sale, or sale of medicinal products which are falsi - fied (ie, do not comply with standards of quality, composition or labelling). • Subject – any natural person capable of liability (in the case of a legal entity – directors, representa - tives or other officials who took or authorised the relevant actions).
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