Chapter XIV. Criminal offenses related to the protection of state secrets, inviolability of state borders, conscription and mobilization

Article 328. Disclosure of state secrets

1. Disclosure of information related to state secrets by a person, to whom this information was entrusted or became available in connection with his/her official duties, provided that no elements of high treason or espionage were involved, -

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

2. The same act that caused any grave consequences, -

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

Article 329. Loss of documents that contain state secrets

1. Loss of documents or any other physical media for secret information that contain state secrets, and also any items that represent state secrets by a person, to whom they were entrusted, where such loss resulted from the violation of regulations established by law with regard to the handling of any such documents and other physical media for secret information or items, -

shall be punishable by imprisonment for a term up to three years with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same act that caused any grave consequences, -

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

Article 330. Transfer or collection of confidential information that belongs to the State

1. Transfer or collection of economic, scientific, technological or other confidential information that belongs to the State for the purpose of transferring it to foreign businesses, institutions, organizations or their representatives by a person, to whom this information was entrusted or became available in connection with his/her official duties, provided that no elements of high treason or espionage were involved, -

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

2. The same actions committed for mercenary motives, or where they caused any grave consequences for the State, or repeated, or committed by a group of persons upon their prior conspiracy, -

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

(Article 331 is excluded by Law No 1723-IV (1723-15) of 18.05.2004)

Article 332. Illegal movement of persons across the state border of Ukraine

1. Organizing of illegal movement of persons across the state border of Ukraine, coordinating or facilitating any such actions by advice, instructions, provision of means or removal of obstacles, -

shall be punishable by imprisonment for a term of two to five years with the forfeiture of transport or any other means used to commit the offense.

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

shall be punishable by imprisonment for a term of three to seven years with the forfeiture of means used to commit the offense.

Article 333. Violation of procedure of international transfers of goods subject to state export control

1. Violation of established order of international transfers of goods subject to state export controls, -

shall be punishable by a fine up of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same action, if committed repeatedly 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, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years. (Article 333 in version of Law No 668-IV (668-15)  of 03.04.2003)

Article 334. Violation of international flights regulations

Flying in or out of Ukraine without an appropriate permit, or failure to follow the routes, places of landing, air ways, gates or echelons described in such permit, -

shall be punishable by a fine of 200 to 1000 tax-free minimum incomes, or restraint of liberty for a term up to five years, or imprisonment for the same term, with the forfeiture of the aircraft.

Article 335. Avoidance of conscription for active military service

Avoidance of conscription for active military service, -

shall be punishable by restraint of liberty for a term up to three years.

Article 336. Avoidance of mobilization

Avoidance of mobilization, -

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

Article 337. Avoidance of military registration or special assemblies

1. Avoidance of military registration by a person bound to military service after notification by an appropriate military commissariat, -

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

2. Avoidance of military training or special assemblies by a person bound to military service, -

shall be punishable by a fine up to 70 tax-free minimum incomes, or arrest for a term up to six months.