UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
Intentional Mass Distribution of Unsolicited Messages (Article 363-1 of the Criminal Code) This involves sending mass unsolicited messages that disrupt or terminate the operation of computers, net - works or telecommunications systems. Aggravating factors include: • repeated offences; • actions by a group in conspiracy; and • significant damage caused. The maximum penalty is five years of imprisonment, with an additional ban on holding certain positions or engaging in specific activities for up to three years. 3.10 Financial/Trade/Customs Sanctions Ukrainian legislation does not currently provide for any liability, whether administrative or criminal, for the violation or circumvention of sanctions. However, Ukraine is expected to introduce criminal liability for such acts in the near future. 3.11 Concealment Under Ukrainian law, criminal liability arises for the concealment of serious or especially serious crimes that were not prearranged (Article 396 of the Criminal Code). Such concealment includes: • hiding the perpetrator, traces of the crime, or the instruments and means used to commit the offence; • concealing the acquisition or sale of property obtained through criminal activity; and • legalising (laundering) money or other assets derived from criminal activity. The constituent elements of the offence are as follows. • Object – the administration of justice and the legal - ity of the investigation. • Objective element – active conduct aimed at delib - erately concealing a crime, thereby hindering its detection or preventing the perpetrator from being held accountable. • Subject – any person capable of liability.
• Subjective element – intent (awareness of the criminal act and conscious concealment). The maximum penalty for such concealment is impris - onment for up to three years. Where an individual has pre-emptively agreed to con - ceal a crime – regardless of its severity – they are considered an accomplice. In such cases, the penalty is determined in accordance with the nature of the underlying offence. 3.12 Aiding and Abetting Under Ukrainian criminal law, liability extends beyond the direct perpetrator of an offence to include individu - als who “direct” or “facilitate” the commission of a crime. Such individuals are considered accomplices and are subject to the same penalties as the principal offender or instigator of the offence. This principle also applies to offences for which legal entities may incur criminal liability. As these persons are regarded as accomplices and subject to the same sanctions as the primary perpe - trator or instigator, the constituent elements of the offence are determined by the specific type of criminal Under Article 209 of the Criminal Code of Ukraine, the legalisation of property obtained through criminal means constitutes a criminal offence. This encom - passes the following. • The acquisition, possession, use or disposal of property where the circumstances indicate that it was obtained through criminal activities. This includes financial transactions involving such prop - erty, as well as its movement or alteration. • Actions aimed at concealing or disguising the ori - gin, ownership, rights, sources or location of such property. A key requirement is that the individual knew, or ought to have known, that the property was obtained directly or indirectly through criminal means. act in which they participated. 3.13 Money Laundering
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