January 16, 2014, the Verkhovna Rada of Ukraine adopted the bill № 3879, which was registered only two days earlier – January 14, 2014. As innovations of this bill, as quickness of its adoption by the Parliament, which usually delays the consideration of bills of the pressing issues for decades, are shocking for citizens and public associations. At first we want to note that according to the transitional provisions, the Law will come into force on the day following the day of its publication, which will take place after the signing of this law by the President. The exception is only subparagraph 5 of paragraph 18 of chapter I of this Law (providing telecommunication services under the contract), which will come into force on May 1, 2014.
On January 16, 2014 specialists of the International charity organization “Environment-Law-People” conducted a preliminary analysis of chosen chapters and provisions of this Law, and give their comments and conclusions below.
1. Amendments to the Law of Ukraine “On public associations”
All amendments in this law concern the registration and operation of a public association, which serves as the foreign agent.
Article 1. The concept of public association
This article added new definition: public association, acting as a foreign agent. Public association is considered to act as a foreign agent if it receives money or property, necessary to ensure its operations, from foreign states or their public authorities, non-governmental organizations of other countries, international non-governmental organizations, foreign citizens, stateless persons, persons who are authorized by them and who receive money or property from mentioned sources (hereinafter – foreign sources), and which also takes part in political activity in Ukraine, including in the interests of foreign sources.
Public association, with the exception of a political party, is considered to take part in political activity in Ukraine, if it, despite the goals and objectives which are defined in its founding documents, takes part in organizing political actions that are intended to influence on making decisions by public authorities, on changing state policy, defined by them, as well as on the formation of public opinion in the above order in the indicated aims.
Article 4. Limitations of establishment and operation of public associations
One more limitation was added: establishment and operation of public associations, whose purpose (goals) or actions are aimed at the realization of extremist activity are prohibited.
Article 10. Name of the public association
The general name of the public association, acting as a foreign agent, should contain the phrase “public association, acting as a foreign agent”. Such a public association cannot have a shortened name.
Article 12. Registration of a public association
Public association, acting as a foreign agent, for its registration, besides all necessary documents, should submit an application for inclusion to the Register of association’s information about its operating as the public association, acting as a foreign agent, signed by the manager or the person (persons) who has the right to represent the public association in registration activities.
Article 14. Acceptance notification about the amendments to the statute of the public association, changes in structure of the governing bodies of public associations, change of the person (persons) authorized to represent the public association, change of the location of the public association, acquiring the status of the public association, acting as a foreign agent
Public association which operates as a legal person and intends to receive money or property from foreign sources and to take part in the political activity in Ukraine is obliged, before the start of such activities, to submit (send) to the competent registration authority, which has its registration case, an application for inclusion to the Register of associations information about its operating as the public association, acting as a foreign agent. Such information will be included to the Register of associations not later than during five days after the competent registration authority received that application.
Article 20. Accreditation of a separate division of a foreign non-governmental organization
For accreditation of a separate division of a foreign non-governmental organization, besides all necessary documents, it should submit an application for inclusion to the Register of association’s information about operating of such separate division as the public association, acting as a foreign agent – if it intends to take part in the political activity in Ukraine.
Separate division of a foreign non-governmental organization, which intends to take part in the political activity in Ukraine, before the start of such activities, submits (sends) to the competent registration authority, which made its accreditation, an application for inclusion to the Register of associations information about the operating of separate division of a foreign non-governmental organization as the public association, acting as a foreign agent. Information about the operating of separate division of a foreign non-governmental organization as the public association, acting as a foreign agent will be included to the Register of associations not later than during five days after the competent registration authority received that application.
Article 21. Rights of public associations
For realization of its objectives (goals), public association, acting as a foreign agent, has the right to disseminate freely information about its activities, promote their goal (purpose), but the materials that are distributed by such public association (including through the media and the Internet), must be accompanied by a proof that they were issued and (or) distributed by public association, acting as a foreign agent.
Article 23. Financial support and reporting of public associations
Public association, acting as a foreign agent, maintains the accounting of incomes (expenses), which were obtained from foreign sources, and incomes (expenses) received from other sources.
Public association, acting as a foreign agent, separate division of a foreign non-governmental organization, operating as the public association and acting as a foreign agent, should submit to the competent registration authority documents about the personal structure of the governing bodies, as well as information about the amount of money or other property received from foreign sources, about the planned purpose of their use and the actual use, about the planned program of activities and the actual activity – every month.
Public association, acting as a foreign agent, separate division of a foreign non-governmental organization, operating as the public association and acting as a foreign agent, should every three month post to the Internet and publish in the newspaper “Voice of Ukraine” and “Governmental Courier” report about its activities in the amount of information, provided to the competent registration authority.
In case of failure to follow the above mentioned requirements, in accordance with part 1 of article 28 and part 4 of article 30, a court, on the claim of the competent registration authority, can prohibit the public association, acting as a foreign agent, separate division of a foreign non-governmental organization.
Paragraph 3 of the Transitional and final provisions
Public association and separate division of a foreign non-governmental organization which, on the date of entry into force of this Law, receives money or other property from foreign sources or takes part in the political activity in Ukraine, is obliged during three months from the date of entry of this law into force, to carry out actions, necessary for acquiring status of public associations, acting as a foreign agent, and actions, necessary to bring the name in accordance with the law. Failure to realize this duty is the reason for the prohibition of a public association or for the stopping of activity of a separate division of a foreign non-governmental organization in accordance with the law.
2. Tax Code of Ukraine
Based on changes and amendments to article 157.1. paragraph d) and article 157.11, a non-profit organization that has the status of a public association, acting as a foreign agent, is obliged to pay income tax.
3. Amendments to the procedural law of Ukraine
3.1. Relevant articles of procedural codes are amended in the part of bringing to responsibility for disrespect to court. For example, part 3 of article 74 of the Commercial Procedure Code, part 3 of article 162 of the Civil Procedural Code of Ukraine, part 2 of article 134 of the Code of Administrative Procedure of Ukraine were supplemented with the following paragraph:
“Decision on bringing to responsibility for contempt of court shall be taken without a protocol of administrative offense and must contain the information, required by article 283 of the Code of Ukraine on Administrative Offences, and is final and cannot be appealed. If the court decides to impose an administrative penalty as a fine, relevant bodies of income and taxes will monitor its performing. ”
According to article 185-3 of the Code of Ukraine on Administrative Offences, contempt of court, which has resulted in malicious non-appearance in court of a witness, victim, plaintiff, defendant, or in non-obedience order of the presiding by mentioned persons or other citizens, or in violation of the order during the hearing, as well as committing by anyone acts that demonstrate a clear disregard for the court or established in court rules, are punishable by a fine ranging from twenty to one hundred untaxed minimum of personal incomes (from 140 to 1700 USD).
At the same time, we pay attention to the fact that this is not a novelty. Despite the general rule of article 287 of the Code of Administrative Procedure of Ukraine, which states that resolution on bringing to administrative responsibility can be appealed, according to the part 2 of article 221-1 of the Code of Ukraine on Administrative Offences, a court order accepted after hearing of offence, described in article 185-3 of the Code of Ukraine on Administrative Offences, is final and cannot be appealed.
3.2. The Code of Ukraine on Administrative Offences also was amended in the part of court proceedings on limiting the right of peaceful assembly.
We remind you that article 182 of the Code of Administrative Procedure of Ukraine provides the competent authorities with the right to apply to the court with a claim to ban or make another restriction of the right to peaceful assembly.
However, such a claim should be presented before the day of the start of the planned meeting – otherwise the claim remains without court proceedings – now the courts can consider them also during such meeting. According to the changes to part 2 of article 182 of the Code of Administrative Procedure of Ukraine, court leaves without consideration only that statement, which came after a day when the planned meeting finished.
Earlier, legislator gave the state a chance to prevent peaceful assembly in the interests of national security and public order. Now, authorities are able to disperse any active peaceful assembly.
Also the terms of consideration of this category of cases were shorted. According to the new edition of part 4 of article 182 of the Code of Administrative Procedure of Ukraine, such administrative case is heard during 24 hours after the statement was released, if it was released less than three days before the start of peaceful assembly, a court hears it immediately.
The new supplement to part 7 of article 182 of the Code of Administrative Procedure of Ukraine does not seem to be constitutional. We remind you that, according to the part 6 of article 182 of the Code of Administrative Procedure of Ukraine, a court order about limitations on the right to peaceful assembly is carried out immediately (no requirement to wait for the entry into force of this decision and we can immediately apply to the State Executor).
The new supplement of part 7 means that you not only have to wait for the entry into force of this decision, but also for such court decision! The new version provides a procedural opportunity to enforce only the introductory and resolutive parts of the decision, even if the descriptive and reasoning part (the main part of the decision, which includes reasons and circumstances of the parties, the considered evidence and the reasons for court decision) has not been prepared:
“In case of difficulty of the hearing, the court can postpone drafting the full decision in accordance with part 3 of article 160 of the Code. In such situation, the persons involved in the case are immediately given a copy of a court decision, which includes only the introductory and resolutive parts. Such decision is subject to immediate realization.”
4. Law of Ukraine “On Prosecutor’s Office”
Article 36-1was amended by this paragraph: “The prosecutor, arguing the need to protect the interests of the state, also has the right to represent the interests of the state in court by sending claims (statements, representations) in order to eliminate obstacles in the implementation of the right to use state or communal property or property of public associations.”
It’s not a novel because prosecutors already have these powers. Now the prosecutor’s office concretized in the specific relations which regard the protection of state interest. If there is a broken public interest, the prosecution has enough authority to initiate such a process, because article 36-1 contains the following provisions:
“The basis of representation in the court of state interests is the existence of violations or threats of violations of state interests.”
“If there are grounds to represent citizens or the state ,mentioned in parts 2-4 of this article, prosecutor may in the order provided by the procedural law:
1) apply to the court with claims (applications, presentation);”
5. Law of Ukraine “On the Security Service of Ukraine”
Article 24. According to the new version of article 24, the Security Service of Ukraine is authorized to:
7-1) make development of the procedure and requirements for the technical protection of information constituting a state secret or service information in informational, telecommunicational and informational and telecommunicational systems;
7-2) provide and register, in accordance with the legislation, the license to engage in business activities in the field of technical protection of information, establish procedures for the providing and provide the state government permission to carry out works of the technical protection of information for own use, also to establish procedures and to monitor compliance with license conditions and conditions of the works for their own needs, etc.
However, the President’s decree “On the Regulation of technical protection of information in Ukraine” and the Cabinet of Ministers’ resolution of “On the list of paid administrative services provided by the Authority of the State Service for Special Communication and Information Protection” were not amended. Amendments in this Law imposed good service of the Security Service of Ukraine on methodological guidance and coordination of state agencies, local governments, military units, enterprises, institutions and organizations, regardless of ownership, in the technical protection of information.
Article 25. The Security Service of Ukraine now also provides supervisory and control functions to comply with the use of licenses and effecting appropriate analysis and expertise.
6. Law of Ukraine “On State Protection of court staff and law enforcement agencies”
This Law now applies also to court staff.
Definition of close relatives is expanded by this Law: Close relatives, family members who can be protected under this Law are – husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, grandfather, great-grandmother, grandson, granddaughter, great-grandson, granddaughter, adoptive parent or adopted, guardian or trustee, a person who is under guardianship or trusteeship, as well as persons living together, have mutual rights and obligations, including persons who are living together without being married.
Financing of the protection measures now are carried out not by local budgets.
7. Law of Ukraine “On Protection of information in telecommunications systems”
Security Service of Ukraine was included to the list of authorities in the area of information and telecommunication systems.
Law provided definition of activities that are not regarded as activities of news agencies: “the following activities of disseminating information products through the Internet cannot be regarded as activities of a news agency:
1) those that duplicate registered in the established order print media;
2) carried out by public authorities on their official website;
3) carried out by enterprises, institutions or organizations with regard only to its own activities;
4) carried out by business entities, that provide information about their products or services in order to sell them;
5) carried out by persons on unsystematic, amateur basis and without intent to provide informational services.”
The Internet is considered to be the resource for the dissemination of information.
8. Law of Ukraine “On Enforcement Proceedings”
Amendments to this Law introduce discriminatory measures: identification numbers of the debtor and the claimant are not indicate in executive document if there is decision of the imposition on the person of administrative penalty for contempt of court.
The following innovations: “In the executive documents issued for results of consideration of administrative proceedings, in accordance with article 182 of the Code of Administrative Procedure of Ukraine, only those persons who can be identified can be regarded as the debtor. During realization of the executive document, state executor must take measures to deliver the contents of the judgment decision to the debtor and provide its implementation by the debtor, as well as others, intending to realize their right to peaceful assembly.
This rule violates constitutional right for peaceful assembly. The solution acquires the status of precedent and extends to a wider range of persons indicated in court decision, and it is illegal because the executor acquires the right to use court decision for a wider range of relationships than stated in the court’s decision.
This law contains another rule that discriminates the rights of other subjects to execute the court decision: “In the case of execution of a court decision on elimination of barriers in exercising the right to the use of state or communal property or property associations within the enforcement proceedings, which was opened at the request of a prosecutor, the term for self-execution of the decision is not indicated, and the execution of court decision starts immediately.”
9. Law of Ukraine “On Telecommunications”
Amendments to this law introduce the concept of identifying telecommunications card: it’s a tool that is used to refer to the (identification) of the subscriber’s terminal equipment in the telecommunications network (SIM-Card, USIM-card, R-UIM-card, etc.)
“The decision to limit access to the Internet of subscribers’ of telecommunications resources, through which information is disseminated contrary to law, shall be based on expert opinion about classification of information as information dissemination of which is contrary to the law. ” This expert is not defined.
The Cabinet of Ministers of Ukraine shall establish the procedures of initiation of considering the limitation of access of telecommunications subscribers to Internet resources, involvement of experts, making decision, sending and implementation of the decision, elimination of violations by a person who committed them, restoration of access to resources in the Internet.
Providers are required to limit access to the Internet.
Providing services for access to the Internet is now a licensed activity.
“Provision of telecommunications services by using telecommunication identification card is ensured on the basis of a contract between a telecommunication operator and a consumer of telecommunication services in the order envisaged by law.” The decision of the National Commission for the State Regulation of communication and informatization of 29.11.2012 № 624 contains the basic requirements for the contract for the provision of telecommunication services.
10. Law of Ukraine “On State Service for Special Communication and Information Protection”
The changes were made due to the fact that some of the powers were transferred to the Security Service of Ukraine.
11. Law of Ukraine “On the Judicial System and Status of Judges”
The obligation to review appeals of the Council of Judges about the protection of judges was assigned to enterprises, institutions, organizations, local governments and public authorities. The concept of a family member of a judge was expanded.
Another legislative novelty deals with prohibition of dissemination of information about the place of residence of a judge. Responsibility for such an action was introduced into the Criminal Code of Ukraine.
12. The Criminal Code of Ukraine
The law criminalized the acts foreseen in 26 articles, article 21 was amended and 5 new articles were added.
In particular, there was introduced an increase in penalties for actions directed at violent changing or overthrow of the constitutional order or at seizure of state power (article 109 of the Criminal Code), intentional destruction or damage to somebody’s property, which caused damage in large amounts (article 194 of the Criminal Code), blocking transport communications, and delight of transport agency (article 279 of the Criminal Code), group disturbance of public order (article 293 of the Criminal Code), riots (article 294 of the Criminal Code), hooliganism (article 296); resistance to authorities, police, state executor, a member of public formation for the protection of public order and border, or military personnel, authorized person of the Deposit Guarantee Fund of persons (article 342 of the Criminal Code), or the threat or violence against a law enforcement officer (article 345 of the Criminal Code ), intentional destruction or damage to property of a law enforcement officer (article 347 of the Criminal Code), attempt upon the life of a law enforcement agent, a member of public formation for the protection of public order, border or soldier (article 248 of the Criminal Code).
Law envisages responsibility for the interference in the activity of a law enforcement officer, employee of the State Executive Service, the Judiciary: illegal collection, storage, use, destruction, dissemination of confidential information about them, their close relatives and family members (articles 343, 376 of the Criminal Code).
Also Law considered as socially dangerous, and therefore criminal, such acts as:
1. extremist activity;
2. slander;
3. unauthorized interference in the work of government electronic informational resources or informational, telecommunicational , informational and telecommunicational systems, critical objects of the national information infrastructure;
4. unauthorized sale or distribution of information with restricted access, which is processed in the state electronic information resources;
5. unauthorized actions with information that is processed in the state electronic information resources or informational, telecommunicational, informational and telecommunicational systems of critical objects of national information infrastructure, committed by a person who has the right of access to it.
The law defines extremist activity as manufacturing, storing with intent to sale or distribute, and sale or distribution of documents intended for publication in paper, electronic or any other media, calling, substantiating or justifying the need for the activity of planning, organizing, instigating, preparing or committing violent actions in order to change or overthrow the constitutional order, encroaching on the territorial integrity, inviolability, the sovereignty of the state, violent seizure or retention of power or authority, of unlawful interference or obstruction of the activities of public authorities, local governments and other subjects of authority, electoral commissions, public associations, their officers or officials, calling, substantiating or excusing the need of inciting social, racial, national, ethnic, linguistic or religious enmity and hatred, the implementation of riot, violation of public order, acts of hooliganism and vandalism on the grounds of social, racial, national, ethnic, linguistic or religious enmity and hatred, violation of rights, freedoms and legitimate interests of persons, including direct or indirect restriction of the rights of man and citizen or direct or indirect privileges on grounds of race, color, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, linguistic or other characteristics, propagation of exclusivity, superiority of man or inferiority of man (social group) on the basis of social, racial, national, ethnic, linguistic, religious affiliation or religious preferences – extremist materials, including through the media, the Internet, social Internet networks, use or demonstration of extremist materials before mass gathering of people, including meetings, rallies, street marches, demonstrations, public statements or calls of extremist nature and funding these activities or other organizations or promote their implementation, including through the provision of information services, money, real estate, educational, printing or material and technical base, telephone, facsimile or other kinds of communication, in the absence of signs of the more serious crime.
The Law also criminalized unauthorized interference in the work of government electronic informational resources or informational, telecommunicational, informational and telecommunicational systems of critical objects of national information infrastructure, which resulted in leakage, loss, forgery, blocking of information, distortion of information processing or to the violation of the order of its routing.
The law defines the critical object of national information infrastructure as the object having at least one informational (automated), telecommunicational or informational and telecommunicational system, dysfunction of which may result in emergency man-made disasters or negative impact on the environmental security; negative impact on energy security of the state; negative impact on the economic security of the state, violation of the sustainable banking or financial state system; violation of sustainable functioning of transport infrastructure or blocking the work or destruction of companies that are strategically important for the national economy and state’s security, life support systems and extrahazardous objects, blocking the work of the state or local governments; violation of sustainable functioning of informational or telecommunicational infrastructure of the state, including its cooperation with the relevant infrastructures of other countries; blocking activity of military formations or other subjects of sectors of national security and defense, blocking activity of bodies of military administration, Armed Forces of Ukraine, systems of weapons control; mass disturbances; divulging of state secrets.
Moreover, criminal liability will be faced by persons who intentionally spread knowingly false information, discrediting the honor and dignity of another person (committed slander of a person), including if such information is contained in the publication that is publicly shown, in the media or on the Internet.
However, part 2 of article 31 of the Law “On Information” provides that the subjects of authority acting as plaintiffs in cases on the protection of honor, dignity and business reputation, are entitled to demand in court only to refute false information about them and have no right to demand compensation for moral (non-property) damage. This does not deprive officials and officers the right to protect honor, dignity and business reputation in court.
13. Code of Ukraine on Administrative Offences (hereinafter – CAO)
13.1. The Law established special administrative offenses in article 122 of chapter 10 of the CAO. In particular, paragraph 5 of this article assumes responsibility for violations of traffic regulations for riding in a column of cars:
“Organization by a person, who manages a vehicle, of movement in column of more than five transport vehicles without coordination conditions and procedure of the movement with the relevant unit of the Ministry of Internal Affairs of Ukraine, that ensures the safety of road traffic, leading to the hampering of traffic.”
Penalties for such offense involves fine in the amount of forty up to fifty untaxed minimum of personal incomes, or deprivation of the right to drive vehicles for a period of one to two years with confiscation of the vehicle with or without compensation of the value of the vehicle to its owner.
The Road Traffic Regulations define a column as an organized group of three or more vehicles which are moving in one direction directly one after another with switched on low beam headlights.
Basic requirements for the column:
1. Every vehicle moving as part of the column has an identification mark “Column”, provided by subparagraph “є” of paragraph 30.3 of the Rules of the Road, and also has switched on low beam headlights.
2. The identification mark is not obligatory if the column is accompanied by operational vehicles with switched on red, blue and red, green or blue and green flashing beacons and (or) special sound signals.
3. Vehicles must move only in a column in one row, as close as possible to the right edge of the roadway, except when they are accompanied by operational vehicles.
4. The velocity of the columns and distance between vehicles must be established by the senior of the column or must be the same as the speed of the main vehicle, according to the requirements of these Rules.
5. The Column, which is moving without accompany of operational vehicles, should be divided into groups (no more than five vehicles in each), and the distance between them must be sufficient to enable other vehicles to overtake the group.
6. If the column stops on the road, all vehicles must turn on alarms.
To accuse some person of committing this offense is not so easy. A vehicle moving in the same direction at the same time cannot be named as column, if the car doesn’t have identification mark “Column”. Groups of cars should be organized, but it is difficult to prove.
13.2. The size of penalties for driving by a person who does not have the right to drive or for passing over a vehicle to the person who does not have right to drive, was increased almost twice (part 2 of article 126 of the CAO). Amount of the fine increased from 30-35 to 50-100 untaxed minimum of personal incomes. In addition to the fine, the Law added new sanction – confiscation of the vehicle with or without payment to its owner.
The same sanction was established for operating a vehicle by the person who was deprived of the right to drive vehicles (part 3. of article 126 of CAO).
13.3. Article 164 of CAO added informational agency as a new subject of responsibility for the violation of the realization of economic activity by business entities. An informational agency can be convicted under this article in the case of activities without registration, after termination of its functioning or in case of avoidance of its re-registration if there are legally grounded reasons for such re-registration. The fine was increased from 20-100 to 600-1000 untaxed minimum of personal incomes, and if such an offense is repeated- from 1000 to 2000.
13.4. There were particularly rigorous changes regarding liability for violation of the procedure of organizing and holding meetings, rallies, street marches and demonstrations. Specifically, some of offenses and sanctions were supplemented, and the amount of financial responsibility for the existing offence was tenfold increased.
Paragraph 1 of article 185-1 additionally defines the offender as a participant of the event; also this article specifies the place where organization of events is prohibited: near the government bodies, local authorities, institutions, enterprises, organizations, home or other person’s property.
Amount of the fine for violations regarding organizing and holding meetings, rallies, street marches and demonstrations was increased by 10 times: from 10-20 to 100-200 untaxed minimum of personal incomes. Re-committing of such an offense within one year after the application of administrative penalties or by organizer of a meeting, rally, street hike, demonstration, is punished by the fine (from 250 to 500 untaxed minimum of personal incomes), or by the correctional works for the period from one up to two months with deduction of twenty percent of earnings, or by the administrative arrest for up to fifteen days.
Article 185-1 was supplemented with part 3, which provides liability for the following actions:
“Participation in meetings, rallies, street marches, demonstrations, other mass events in the mask, wearing a helmet or using other means or methods of camouflage in order to avoid identification of person, or possession by a person who is taking part in an such an event of open flame, pyrotechnics (lighting, signaling, simulation), weapons, special self-defense equipment, charged with tear and irritant substances, explosive or flammable substances, objects, specially adapted or prepared in advance to commit unlawful acts, as well as participating in such events without the permission of the bodies of internal affairs, wearing uniforms identical to or resembling uniforms of law enforcement officers or military personnel.
These actions are punishable by a fine from 150 to 200 untaxed minimum of personal incomes, or administrative arrest for up to fifteen days.
Installation structures, tents or other small architectural shapes, objects or constructions that are used as a scene, loudspeaking equipment, without the permission of the bodies of internal affairs to conduct meetings, street marches or demonstrations are punishable by a fine from 250 to 300 untaxed minimum of personal incomes, or administrative arrest for up to fifteen days.
13.5. Article 185-2 of CAO is supplemented with another subject of responsibility – “Officials” who will be responsible for the provision of premises, transport, equipment or creating other conditions for organizing and holding meetings, rallies, street marches or demonstrations, if they were held with violation of the established order. Before these changes the subject of liability has not been determined. Amount of the fine was changed from 20-100 to 300-600 untaxed minimum of personal incomes or administrative arrest for up to ten days.
13.6. The size of responsibility was increased:
– article 185-3 of CAO (manifestation of contempt of court): the fine was changed from 20-100 to 20-300 untaxed minimum of personal incomes; also an administrative arrest for up to fifteens days was added;
– article 185-6 of CAO (failure to take actions for implementation of a court decision or an individual judge’s decision or the prosecutor’s decree): the fine was changed from 20-50 to 80-100 untaxed minimum of personal incomes;
– article 185-8 of CAO (failure the realize legal prosecutor’s demands): the fine was changed from 20-40 to 70-100 untaxed minimum of personal incomes; re-committing this action within one year after the imposition of an administrative penalty is punishable by fine in the amount of 120-150 untaxed minimum of personal incomes;
13.7. Article 188-7 of CAO (failure to realize lawful orders of the National Commission for the state regulation of communications and informatization): a new offence was added – failure to implement of a decision on restriction or renovation of access to Internet resources for subscribers of telecommunications. It is punishable by fine in the amount of 200-400 untaxed minimum of personal incomes;
13.8. The new article 188-43 was added to the CAO (failure to implement lawful orders of officers of the Security Service of Ukraine):
“Failure to implement lawful orders of officers of the Security Service of Ukraine, hampering the implementation of their duties, are punishable by fine on officials from 50 to 100 untaxed minimum of personal incomes. The same actions, repeated within one year after the imposition of administrative penalties, are punishable by fine on officials from 100 to 150 untaxed minimum of personal incomes.”
13.9. The procedure of sending the notification was changed by making amendment to part 2 of article 254:
The protocol about administrative violation, if any, is produced in two copies, one of which is given to the person who is brought to the administrative responsibility. The fact of delivery of the protocol on administrative violation to the person must be confirmed by receipt, and in case of refuse to sign receipt, there must be explanation of witnesses of such a delivery and refusal or video recording of these facts.
