UKRAINE Law and Practice Contributed by: Denys Bugay, Volodymyr Vashchenko, Denys Shkarovsky and Oleksandr Lukianenko, VB Partners
Subjective element: intent. Sanctions: fines of up to UAH170,000 (approximately EUR3,500) and restriction or imprisonment for up to eight years, with disqualification for up to three years. Violations of plant and animal protection rules Criminal Code Articles: 245–252. Constituent elements Object: flora, fauna, protected areas, fish and wildlife resources. Objective element: illegal logging, hunting, fishing, destruction or damage to protected territories, breach of veterinary rules, and unauthorised use of explo - sives. Subject: natural and legal persons. Subjective element: intent or negligence. Sanctions: fines of up to UAH153,000 (approximately EUR3,200) and restriction or imprisonment for up to ten years. Additionally, the Criminal Code provides penalties for crimes against peace, human security, and interna - tional order, including ecocide (Article 441) – encom - passing mass destruction of flora or fauna, poisoning of the atmosphere or water resources, or other acts potentially causing ecological catastrophe. Sanction: unconditional imprisonment for up to 15 years. Social Offences Human trafficking and forced labour Criminal Code Articles: 149, 150 and 150-1. Constituent elements Object: human rights and freedoms, dignity, labour freedom, and child protection. Objective element: recruitment, transportation, reten - tion or coercion into work or services, or use of chil - dren for begging.
Subject: natural persons. Subjective element: intent.
Sanctions: imprisonment for up to 15 years. Violations of personal rights and violent acts Criminal Code Articles: 146, 151 and 151-2. Constituent elements Object: personal integrity, freedom, marital rights, and protection from unlawful deprivation of liberty. Objective element: • unlawful detention or abduction; • unlawful placement in psychiatric facilities; or • coercion into marriage. Subject: natural persons. Subjective element: intent. Sanctions: imprisonment for up to ten years, with dis - qualification for up to three years. Violation of labour rights Criminal Code Articles: 172 and 175. Constituent elements Object: labour rights, lawful interests of employees, and social payments. Objective element: gross violation of labour laws, or non-payment of wages, pensions, or other legally established payments. Subject: natural persons – employers or officials. Subjective element: intent or negligence. Sanctions: fines of up to UAH85,000 (approximately EUR1,800), and restriction or imprisonment for up to five years, with disqualification for up to three years. Serious crimes against humanity Criminal Code Articles: 442 and 442-1.
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