What penalties are envisioned for offences related to electoral fraud?

Ukraine

Ukraine

Answer
  • Both fine and imprisonment
  • correctional labor; restraint of liberty; deprivation of the right to occupy certain positions or engage in certain activities
Source

Criminal Code of Ukraine,(as of 2013, in Ukrainian)

Source:

Art. 157-159

http://legislationline.org/documents/action/popup/id/16257/preview

 

 

Article 158. 1. Illegal manufacture, storage or use of knowingly illegallymade election ballots, absentee ballot blanks, ballots for voting in areferendum, –

 

shall be punishable by a fine of two hundred to four hundredtax-free minimum income or correctional labor up to two years, or restraint ofliberty for up to three years, or imprisonment for the same term withdeprivation of the right to occupy certain positions or engage in certainactivities for a period of one to three years.

 

 

Article 158. 2. Forgery of electoral documents, documents of the referendum,and as well as the use of knowingly falsified election documents, referendumdocuments, committed by member of the electoral commission, referendumcommission, by the candidate, his authorized representative, authorized personof the political party (bloc), a member of referendum initiative group, -

 

shall be punishable by a fine of three hundred to six hundredtax-free minimum incomes or restraint of liberty for a term of one to fouryears, or imprisonment for the same term with deprivation of the right tooccupy certain positions or engage in certain activities for a period of one tothree years.

 

 

 

Article 158. 3. Forgery of electoral documents, documents of the referendum,as well as the use of knowingly falsified election documents, referendumdocuments, committed member of the electoral commission, referendum commission,the candidate, his authorized representative, authorized person of thepolitical party (bloc), a member of the referendum initiative group, whichinfluenced the election returns at a polling station or within the electoraldistrict, or has led to the impossibility to define the expression of voters ata polling station or in the relevant election (Referendum), –

 

shall be punishable by restraint of liberty for a term of three tofive years or imprisonment for the same term with the deprivation of the rightoccupy certain positions or engage in certain activities for a period of one tothree years.

 

 

Article 158. 4. Illegal transfer to the otherperson of ballot by voter,

 

shall be punishable by restraint of liberty for a term of one tothree years or imprisonment for the same term with the deprivation of the rightoccupy certain positions or engage in certain activities for a period of one tothree years.

 

 

Article 158. 5. Stealing or hiding the ballot, ballot for voting in areferendum or election protocol or protocol of the referendum commission orballot boxes with illegal damage or destruction of ballot boxes, –

 

 

shall be punishable by a fine of two hundred to four hundredtax-free minimum incomes or restraint of liberty up to two years, withdeprivation of the right to occupy certain positions or engage in certainactivities for up to two years.

 

 

Article 158. 6. Stealing or hiding the ballot, ballot for voting in areferendum or election protocol or protocol of the referendum commission orballot boxes with illegal damage or destruction of ballot boxes, which affectedthe results of voting at the polling place or within constituency, or led tothe impossibility to define the will of the voters at the polling station or inthe respective elections (referendum), –

 

shall be punishable by a fine of four hundred to seven hundredtax-free minimum income or restraint of liberty for up to five years, orimprisonment for the same term, with deprivation of the right to occupy certainpositions or engage in certain activities for a period of two to three years.

 

 

Article 158. 7. Signing the protocol or protocol of the election referendumcommission before the final vote count or determination of voting results orinclusion of unrecorded election ballots or ballots for voting in a referendumto the ballots used when voting, or substitution of real ballots with marked byvoters or citizens who have right to participate in the referendum, or unlawfulchange of the protocol after its filling, or theft or concealment of theballot, ballot for voting in referendum, election protocol or protocol of thereferendum commission or ballot box with, or unlawful destruction ordeterioration of the ballot box, which led to the impossibility to determinethe will of voters or to establish the referendum results, committed by memberof the electoral commission, referendum commission, –

 

shall be punishable by a fine of seven hundred to a thousandtax-free minimum incomes or restraint of liberty for a term of three to fiveyears, or imprisonment for a term of three to six years, with deprivation of theright to occupy certain positions or engage in certain activities for a term oftwo to three years.

 

 

Article 158. 8. Intentional providing by member of election commission orreferendum commission to the citizen the possibility to vote for another personor vote more than once during the voting or giving ballot paper or ballot forvoting in the referendum to a person who is not included in the list of voters(people who have right to participate in the referendum) in the respectivepolling station (section of the referendum), or providing the voter with filledballot (ballot for voting in a referendum), –

 

shall be punishable by restraint of liberty for a term of three tofive years or imprisonment for a term of three to six years, with deprivationof the right to occupy certain positions or engage in certain activities for aperiod of two to three years.

 

 

Article 158-1. 1. Voting by the elector participating in elections or referendumat a polling station more than once, –

 

shall be punishable by a fine of one hundred to three tax-freeminimum incomes, or correctional labor up to two years, or restraint of libertyfor up to three years.

 

Article 158-1. 2. The same action committed by the conspiracy with member ofelection commission or committee of the referendum, –

shall be punishableby a fine of three hundred to five hundred tax-free minimum incomes, orrestraint of liberty for up to three years, or imprisonment for the sameperiod.

 

Article 158-2. 1. Illegal destruction of election documents or referendumdocuments out of the storage period established by law in state archives and inthe Central Election Commission of Ukraine after the elections or referendum,as well as damage of election documents or documents of the referendum, –

 

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

 

 

Article 158-2. 2. The same actions committed by previous conspiracy by a groupof persons or by a member of the electoral commission or other officerauthorized to use the powers or official position, –

shall be punishableby imprisonment for a term of three to five years with or without thedeprivation of the right to occupy certain positions or engage in certainperiod of up to three years. 

 

 

 

Comment
See the law for details on the penalties
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