Chapter XVI criminal offenses related to the use of electronic computing maschines (computers), systems and computer networks and telecommunication networks

(The title of Chapter XVI as amended by Law No 908-IV (908-15) of  05.06.2003)

Article 361. Unauthorized interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks

1. Unauthorized interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks, which led to leak, loss, fake, blocking information, distortion of the information processing or violation the established order its routing, -

shall be punishable by a fine of 600 to 1000 tax-free minimum incomes, or restraint of liberty for a term of two to five years, or imprisonment for a term of three years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to two years, with the forfeiture of software and hardware, by means of which were accomplished unauthorized intervention, which are owned by the party in fault.

2. The same actions, if repeated or committed by a group of persons upon their prior conspiracy, if they caused a significant damage

shall be punishable by imprisonment for a term of three to five years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to two years, with the forfeiture of software and hardware, by means of which were accomplished unauthorized intervention, which are owned by the party in fault.

Note. Significant damage under these Articles 361 - 363-1 if it is causing material damage, shall mean a damage which equals or exceeds 100 tax-free minimum incomes. (Article 361 in version of Law No 908-IV ( 908-15 ) of 05.06.2003, No  2289-IV ( 2289-15 ) of 23.12.2004).

Article 361-1. Creation for the purpose of use, dissemination and distribution of harmful software or hardware, as well as their dissemination and distribution.

1. Creation for the purpose of use, dissemination and distribution, as well as dissemination and distribution of harmful software or hardware, appropriate for unauthorized interference with the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks, -

shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or correctional labor for a term up to two years, or imprisonment for the same term, with the forfeiture of software and hardware, appropriate for unauthorized interference with the work of electronic computing machines (computers), automated systems, computer, which are owned by the party in fault.

2. The same actions, if repeated or committed by a group of persons upon their prior conspiracy, if they caused a significant damage, -

shall be punishable by imprisonment for a term up to five years, with the forfeiture of software and hardware, appropriate for unauthorized interference with the work of electronic computing machines (computers), automated systems, computer, which are owned by the party in fault. (This Code is supplemented by Article 361-1 by Law No 2289-IV ( 2289-15 ) of 23.12.2004)

Article 361-2. Unauthorized dissemination and distribution of information with restricted access, which is stored in the electronic computing machines (computers), automated systems, computer networks or information-carrying medium.

1. Unauthorized dissemination and distribution of information with restricted access, which is stored in the electronic computing machines (computers), automated systems, computer networks or information-carrying medium, established and protected in accordance with existing legislation, -

shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or correctional labor for a term up to two years, or imprisonment for a term up to two years, with the forfeiture of software and hardware, by means of which were accomplished unauthorized distribution or dissemination of information with restricted access, which are owned by the party in fault

2. The same actions, if repeated or committed by a group of persons upon their prior conspiracy, if they caused a significant damage, -

shall be punishable by imprisonment for a term of two to five years, with the forfeiture of software and hardware, by means of which were accomplished unauthorized interference with the work of electronic computing machines (computers), automated systems, computer, which are owned by the party in fault. (This Code is supplemented by Article 362-1 by Law No 2289-IV (2289-15 ) of 23.12.2004 )

Article 362. Unauthorized actions with information, which is processed in the electronic computing machines (computers), automated systems, computer networks or saved on the information-carrying medium, committed by a person entitled to access to such information.

1. Unauthorized alteration, erasure or blocking of information, which is processed in the electronic computing machines (computers), automated systems, computer networks or stored on the information-carrying medium, if it led to leak, committed by a person entitled to access to such information, –

shall be punishable by a fine of 600 to 1000 tax-free minimum incomes, or correctional labor for a term up to two years, with the forfeiture of software and hardware, by means of which were accomplished unauthorized distribution alteration, erasure or blocking of information, which is owned by the party in fault.

2. Unauthorized interception or copying of information, which is processed in the electronic computing machines (computers), automated systems, computer networks or stored on the information-carrying medium if it led to leak, committed by a person entitled to access to such information, –

shall be punishable by imprisonment for a term up to three years, with the deprivation of the right to occupy certain positions or engage in certain activities for the same term, and with the forfeiture of software and hardware, by means of which were accomplished unauthorized interception or copying of information, which are owned by the party in fault.

3. Acts provided for in paragraphs 1 and 2 of this Article, if repeated or committed by a group of persons upon their prior conspiracy, if they caused a significant damage, -

shall be punishable by imprisonment for a term of three to six years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, and with the forfeiture of software and hardware, by means of which were accomplished unauthorized actions with information, which are owned by the party in fault. (Article 362 in version of Law No 2289-IV ( 2289-15 ) of 23.12.2004)

Article 363. Violation of operating rules of electronic computing machines (computers), automated systems, computer networks or telecommunications networks and the order or rules protection of information which is processed therethrough.

Violation of operation of electronic computing machines (computers), automated systems, computer networks or telecommunications networks and the order or rules protection of information which is processed therethrough, if it caused a significant damage, committed by a person entitled to access to such information, –   shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, 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 the same term. (Article 363 in version of Law No 2289-IV  (  2289-15  ) of 23.12.2004)

Article 363-1. Impeding the work of electronic computing machines (computers), automated systems, computer networks or telecommunication networks by mass distribution of electronic messages

1. Willful mass distribution of electronic messages, committed without the prior consent of recipients, which led to disturbance or interruption of electronic computing machines (computers), automated systems, computer networks or telecommunication networks, -

shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or restraint of liberty for a term up to three years.

2. The same actions, if repeated or committed by a group of persons upon their prior conspiracy, if they caused a significant damage, -

shall be punishable by a fine of 500 to 1000 tax-free minimum incomes, or restraint of liberty for a term up to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term to three years, and with the forfeiture of software and hardware, by means of which were accomplished mass distribution of electronic messages, which are owned by the party in fault. (This Code is supplemented by Article 363-1 by Law No 2289-IV (2289-15 ) of 23.12.2004)