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Unofficial translation

Criminal Code of Ukraine

2001 with amendments according to the Law No. 3316-IV (12 January 2006)

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Chapter III – Criminal Offences Against Liberty, Honour and Dignity of a Person

Article 146 – Illegal confinement or abduction of a person

1. Illegal confinement or abduction of a person, –

shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.

2. The same acts committed in regard of a minor, or for mercenary purposes, or in regard of two or more persons, or by a group of persons upon their prior conspiracy, or by a method dangerous to the victim’s life or health, or causing bodily suffering to him or her, or with the use of weapons, or within a lasting period of time, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.

3. Any such acts as provided for by paragraph 1 or 2 of this Article, where committed by an organized group, or where they caused any grave consequences, –

shall be punishable by imprisonment for a term of five to ten years.

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Article 149 – Trafficking in human beings or other illegal agreement on person

1. Trafficking in human beings or conducting other illegal agreement with a person as an object, as well as recruitment, transportation, harbouring, transfer or receipt of a person, committed for the purpose of exploitation by means of deceit, blackmail, or the use of his/her vulnerable condition, -

is punishable by deprivation of liberty for a term of three to eight years.

2. Any such actions as provided for by paragraph 1 of this Article, committed in respect to a minor (up to 18 years of age) [1] or perpetrated upon two or more persons, or repeatedly, or by a group of persons with prior conspiracy, or by an official through the abuse of authority, or by a person upon whom the victim was dependent materially or otherwise, or committed in combination with violence that is not endangering life or health of the victim or his/her close relatives,[2] or in combination with threats of such violence -

is punishable by deprivation of liberty for a term of five to twelve years, with or without the forfeiture of property.

3. Any such actions as provided for by paragraphs 1 or 2 of this Article, committed in respect to a minor (up to 14 years of age), or by an organized group, or if committed in combination with violence that is endangering life or health of the victim or his/her close relatives, or in combination with threats of such violence or committed by an organized group, or if causing grave consequences, -

are punishable by deprivation of liberty for a term of eight to fifteen years, with or without the forfeiture of property.

Note 1. Exploitation of a person in this Article shall be understood as: all forms of sexual exploitation, use in porno business, forced labour or services; slavery or practices similar to slavery, servitude, involvement in debt bondage, extraction of organs, experimentation over a person without his/her consent, adoption for commercial purposes, forced pregnancy, involvement into the criminal activity, use in armed conflicts, etc.

Note 2. Vulnerable condition of a person in the Articles 149 and 303 of this Code shall be understood as: the status of a person, due to his/her physical or mental peculiarities or external conditions, that divests or abridges his/her ability to comprehend his/her commission or omission of an act or to manage his/her actions , to make his/her own decisions according to his/her will, to maintain adequate resistance to violent or other illegal actions, as well as concourse of severe personal, family or other circumstances .

Note 3. Responsibility for recruitment, transportation, harbouring transfer or receipt of a minor (up to 14 or 18 years of age) according to this Article shall be fixed whether or not such actions were committed with use of deceit, blackmail, or the use of vulnerable condition of a minor, or use or threat of violence, through the abuse of authority or by a person upon whom the victim was dependent materially or otherwise.

Article 150 – Exploitation of children

1. Exploitation of children, who are under legally employable age, by way of profit-seeking employment, –

shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same actions committed in regard of several children, or where they caused significant harm to health, physical development or educational level of a child, or accompanied with the use of children labor in hazardous production, –

shall be punishable by imprisonment for a term of two to five years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Chapter IV – Crimes against Sexual Freedom and Sexual Inviolability of a Person

Article 152 – Rape

1. Rape, that is sexual intercourse combined with violence, threats of violence, or committed by taking advantage of the victim’s helpless condition, –

shall be punishable by imprisonment for a term of three to five years.

2. Rape, where it was repeated, or committed by a person who previously committed any of the offences provided for by Articles 153 to 155 of this Code, –

shall be punishable by imprisonment for a term of five to ten years.

3. Rape committed by a group of persons, or rape of a minor, –

shall be punishable by imprisonment for a term of seven to twelve years.

4. Rape which caused any grave consequences, and also rape of a young child, –

shall be punishable by imprisonment for a term of eight to fifteen years.

Article 153 – Violent unnatural gratification of sexual desire

1. Violent unnatural gratification of sexual desire combined with physical violence, or threats of violence, or committed by taking advantage of the victim’s helpless condition, –

shall be punishable by imprisonment for a term up to five years.

2. The same act, if repeated, or committed by a group of persons, or by a person who previously committed any of the offences provided for by Articles 152 or 154 of this Code, and also committed in regard of a minor, –

shall be punishable by imprisonment for a term of three to seven years.

3. The same act committed in regard of a young child, where it caused especially grave consequences, –

shall be punishable by imprisonment for a term of eight to twelve years.

Article 154 – Compulsion to sexual intercourse

1. Compulsion of a female or male to natural or unnatural sexual intercourse by a person on whom such female or male is financially or officially dependent, –

shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months.

2. The same actions accompanied with threats to destroy, damage or seize property of the victim or his/her close relatives, or to disclose information defaming the victim or his/her close relatives, –

shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.

Article 155 – Sexual intercourse with a sexually immature person

1. Sexual intercourse with a sexually immature person, –

shall be punishable by restraint of liberty for a term up to three years or imprisonment for the same term.

2. The same actions committed by a parent or surrogate parent, or where they caused sterility or other grave consequences, –

shall be punishable by imprisonment for a term of three to five years.

Article 156 – Debauchery of minors

1. Debauched actions committed in regard of a person under 16 years of age, –

shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.

2. The same actions committed in regard of a young child, or by a parent or surrogate parent, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to three years.

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Chapter XII – Criminal Offences against Public Order and Morality

Article 302 – Creating or running brothels and trading in prostitution

1. Creating or running brothels, and also trading in prostitution,

shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to two years.

2. The same actions committed for gainful purposes, or by a person previously convicted of this offense, or by an organized group, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.

3. Any such acts as provided for by paragraph 1 or 2 of this Article, if committed by engaging a minor, –

shall be punishable by imprisonment for a term of two to seven years.

Article 303 – Pimping or involving of a person into prostitution

1. Involving or forcing a person into prostitution by fraud, blackmail, or by taking advantage of the vulnerable status of this person or by force or under the threat of using force, or pimping –

shall be punishable by a 3 to 5 year’s jail term.

2. Actions provided by Part 1 of this Article and committed with regard to several persons or repeatedly, or subject to prior group collusion by several persons, or by an employee who took advantage of his/ her official position, or by a person on whom the victim was materially or otherwise dependent –

shall be punishable by a 4 to 7 year’s jail term.

3. Actions provided by Part 1 or 2 of this Article an committed with regard to a minor, or by an organized group –

shall be punishable by a 5 to 10 year’s jail term with or without the seizure of property.

4. Actions provided by Part 1, 2 or 3 of this Article and committed with regard to a minor, or if they have brought about grave consequences –

shall be punishable by a 8 to 15 year’s jail term with or without the seizure of property.

Note 1. For the purposes of this Article, pimping shall mean a person’s actions aimed at facilitating another person’s involvement in prostitution.

Note 2. Under this Article, the responsibility for involving a juvenile or a minor in prostitution shall arise regardless of whether or not such actions have been carried out by fraud, blackmail, or by taking advantage of the vulnerable status of the above-said persons or by force or under the threat of using force, by using one’s official position, or by a person on whom the victim was materially or otherwise dependent.

Article 304 – Engaging minors in criminal activity

Engaging minors in criminal activity, drinking alcohol, begging, or gambling, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.

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