UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
Unlawful Sale or Distribution of Restricted-Access Information (Article 361-2 of the Criminal Code) This involves the unauthorised sale or distribution of restricted information stored in computers or other media. Aggravating factors include: • repeated offences; • actions by a group in conspiracy; and • significant damage caused. The maximum penalty is five years of imprisonment. Unlawful Actions With Information (Article 362 of the Criminal Code) This includes unauthorised alteration, blocking, destruction, interception or copying of information processed or stored in computers and networks. Aggravating factors include: • repeated offences; • actions by a group in conspiracy; and • significant damage caused. The maximum penalty is six years of imprisonment, with an additional ban on holding certain positions or engaging in specific activities for up to three years. Violation of Computer Operation Rules (Article 363 of the Criminal Code) This covers violations of rules for operating comput - ers, systems and networks, or for protecting informa - tion processed by them. Mandatory conditions include causing significant damage and the perpetrator being responsible for the exploitation of the systems. The maximum penalty is three years of restriction of freedom, with an additional ban on holding certain positions or engaging in specific activities for the same period.
• Subjective element – intent (awareness of the falsi - fication and its potential harmful effect). The maximum sanction for this crime is imprisonment from ten to 15 years, or life imprisonment if the falsi - fied products result in death or serious consequences, or if they involve particularly large quantities. 3.9 Cybercrimes, Computer Fraud and Protection of Company Secrets Ukrainian criminal law addresses various offences related to cybersecurity, including the following. Unauthorised Interference in Computers and Networks (Article 361 of the Criminal Code) This crime involves unauthorised actions affecting computers, computer systems and telecommunica - tions networks. Aggravating factors include: • repeated offences; • actions by a group in conspiracy; • information leakage, loss, forgery or distortion; • significant damage or risk of serious technological accidents, environmental disasters or mass harm; and • commission during martial law. The maximum penalty is 15 years of imprisonment, with an additional ban on holding certain positions or engaging in specific activities for up to three years. Creation and Distribution of Malicious Software (Article 361-1 of the Criminal Code) This covers the development, distribution or sale of malware and other harmful technical means. Aggravating factors include: • repeated offences; • actions by a group in conspiracy; and • significant damage caused. The maximum penalty is five years of imprisonment.
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