Ukraine: Copy of Article 152 and sections related to rape in the Ukrainian Criminal Code; whether this article was repealed
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 22 September 2003 |
| Citation / Document Symbol | UKR41916.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Ukraine: Copy of Article 152 and sections related to rape in the Ukrainian Criminal Code; whether this article was repealed, 22 September 2003, UKR41916.E, available at: https://www.refworld.org/docid/403dd22014.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
An undated version of Article 152 provided to Interpol by Ukraine authorities and published in an Interpol survey on child sexual assault legislation states (Interpol n.d.a.):
Article 152 - Rape
1) Sexual intercourse with the use of physical strength, threat of its using, or using the helplessness of a victim is rape, and it is punishable by imprisonment for a term from 3 to 5 years.
2) Rape committed repeatedly or by person who committed before any of crimes provided by the art. 153-155 of the criminal code is punishable by imprisonment for a term from 5 to 10 years.
3) Rape committed by group of persons or a rape over minor is punishable by imprisonment for a term from 7 to 12 years.
4) Rape, that entailed particularly serious consequences and also rape of juvenile (boy or a girl) is punishable by imprisonment for a term from 8 to 15 years (ibid. n.d.b.).
On 1 June 2001, a new Ukrainian Criminal Code came into force (Prima News 1 June 2001). The Research Directorate was unable to find an official version of the code among the sources consulted; however, a draft copy dated 14 September 2000 indicates that Article 152 concerns the [translation] "illegal placement [of an individual] in a psychiatric institution" (Ukraine 14 Sept. 2000). Rape is criminalized under section IV, Article 153 of the draft code under the title [translation] "Crimes Against Sexual Freedom and Sexual Inviolability of [a] Person," in conjunction with Articles 154 on employing unnatural means to enforce sexual gratification, 155 on forced sexual intercourse, 156 on sexual relations with a minor and 157 on the corruption of minors (ibid.). Please consult the electronic attachment below for the text of Articles 152 to 157.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Interpol. n.d.a. "Legislation of Interpol Member States on Sexual Offences Against Children."
_____. n.d.b. "Legislation of Interpol Member States on Sexual Offences Against Children: Ukraine - Ucrania."
Prima News Agency [Moscow]. 1 June 2001. "New Criminal Code Comes into Force in Ukraine."
Ukraine. 14 September 2000. Criminal Code of Ukraine (Draft). Translated by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.
Additional Sources Consulted
Internet sites, including:
Brama.com
Council of Europe, Compatability of Ukrainian Law and Practice with the Requirements of the European Convention on Human Rights (December 2001)
EastLaw
Info Source
International Commission of Jurists
Internet Law Library
Jurist Legal Intelligence
Law Moose, World Legal Resource Center
Liga Online
Ukraine/American Police Association
Ukraine Pravo
Ukraine Weekly
United Nations
World News Connection
Zakon.com, Draft Laws of the Ukraine
Electronic Attachment
Ukraine. 14 September 2000. Criminal Code of Ukraine (Draft). Translated by the Multilingual Translation Directorate, Translation Bureau, Public Works and Government Services Canada.
Section I. CRIMES AGAINST THE FOUNDATION OF UKRAINE'S NATIONAL SECURITY
[...]
Article 152. Illegal placement in a psychiatric institution
(1) Placement in a psychiatric institution of a person known to be mentally sound is punishable by a fine equal to 500–1000 of the perpetrator's minimum emoluments before taxes with deprivation of the right to hold certain positions or engage in certain activity for a period of up to three years, or by imprisonment for up to two years.
(2) The same act where it has resulted in serious consequences is punishable by imprisonment for a term of 2–7 years with deprivation of the right to hold certain positions or engage in certain activity for a period of up to three years.
Section IV. CRIMES AGAINST SEXUAL FREEDOM AND SEXUAL INVIOLABILITY OF PERSON
Article 153. Rape
(1) Rape, i.e. sexual intercourse with the use of physical force, with threats to use physical force or by taking advantage of a helpless victim is punishable by imprisonment for a term of 3–8 years.
(2) Rape committed a second time or by a person who has previously committed any of the crimes provided for by articles 154 or 156 of this Code, is punishable by imprisonment for a term of 5–10 years.
(3) Rape committed by a group of persons or rape of a minor is punishable by imprisonment for a term of 5–15 years.
(4) Rape that has resulted in particularly serious consequences, as well as rape of a child is punishable by imprisonment for a term of 8–15 years.
Article 154. Forced sexual gratification by unnatural means
(1) Sexual gratification by unnatural means with the use of physical force, with threats to use force or by taking advantage of a helpless victim is punishable by imprisonment for up to five years.
(2) The same act committed a second time, or by a group of persons, or by a person who has previously committed any of the crimes provided for by articles 153 or 156 of this Code, and also committed against a minor is punishable by imprisonment for a term of 3–10 years.
(3) The same act committed against a child, if it results in particularly serious consequences is punishable by imprisonment for a term of 8–15 years.
Article 155. Coercion to engage in sexual intercourse
(1) Coercion of a woman or man to engage in sexual intercourse by natural or unnatural means by a person on whom the woman or man depends financially or officially is punishable by a fine equal to up to 50 of the perpetrator's emoluments before taxes, or by 6 months of apprehension.
(2) The same acts combined with a threat to destroy, damage or take away the property of the victim or her/his close relatives, or spreading slander against the victim or her/his close relatives are punishable by up to 6 months of apprehension, or by up to 5 years of restricted freedom.
Article 156. Sexual relations with a person who has not reached sexual maturity
(1) Sexual relations with a person who has not reached sexual maturity is punishable by up to 5 years of restricted freedom, or by imprisonment for the same term.
(2) The same acts committed by a father or mother, or by a person replacing them, or if these acts cause infertility or other serious consequences are punishable by imprisonment for a term of 2-7 years.
Article 157. Corruption of minors
(1) Commission of depraved acts against a person under the age of 16 is punishable by up to 6 months of apprehension, or up to 3 years of restricted freedom, or by imprisonment for the same term.
(2) The same acts committed against a child either by a father, mother or a person replacing them are punishable by up to 5 years of restricted freedom, or by imprisonment for the same term.
