Criminal offenses in the field of road safety and penalties

All possible violations of the Traffic rules that may lead to road accidents, as well as penalties can be found in two codes: Code on Administrative Offences of Ukraine dated 07.12.1984, No. 8073-X (Document 80731-X, valid, current version – Revision on 24.05.2019, on the basis of the Document No. 2612-VIII), and Criminal Code of Ukraine (Document 2341-III, valid, current version – Revision on 19.05.2019, on the basis of the Document No. 2708-VIII).
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Article Offence Penalty
277 Damage of transport routs and vehicles. {Article 277 with amendments done in accordance with the Laws No. 270-VI dated 15.04.2008 and No. 2742-VI dated 02.12.2010}
277-1 Intentional destruction or damage of transport routs, structures on them, rolling stock or vessels, means of communication or signalling, as well as other actions aimed at bringing these objects into unserviceable condition, if this caused or could cause an accident of the train, the vessel or has violated the normal operation of transport, or created a danger to people’s lives or other severe consequences Punishment by a fine starting from fifty to two hundred and fifty non-taxable minimums of citizens income, or correctional works for the term up to two years, or measure of restraint for the same term, or imprisonment for the term up to three years.
277-2 The same actions, if they caused moderate or severe bodily harm or caused significant pecuniary damage to the victim. Punishment by imprisonment for the term from three to eight years
277-3 Actions provided for in the Part 1 or Part 2 of this Article, if they caused the death of the person. Punishment by imprisonment for the term from seven to fifteen years.
286 Violation of the road safety rules or rules of transport exploitation by persons who drive the vehicles. {Article 286 with amendments done in accordance with the Laws No. 270-VI dated 15.04.2008 and No. 586-VI dated 24.09.2008}. Note. Under the term vehicles in this Article and Articles 287, 289 and 290 one should understand all types of automobiles, tractors and other self-propelled machinery, trams and trolleybuses, as well as motorbikes and other motor vehicles.
286-1 Violation of road safety rules or rules of transport exploitation by persons who drive the vehicles that caused a moderate bodily harm to the victim. Punishment by a fine starting from two hundred to five hundred non-taxable minimums of citizens income, or correctional works for the term up to two years, or arrest for the term up to six months, or measure of restraint for the term up to three years, with the deprivation of the right to drive the vehicles for the term up to three years, or without such deprivation.
286-2 The same actions, if they caused the death of the victim or caused severe bodily harm. Punishment by imprisonment for the term from three to eight years with the deprivation of the right to drive the vehicles for the term up to three years, or without such deprivation.
186-3 Actions provided for in the Part 1 of this Article, if they caused the deaths of several persons. Punishment by imprisonment for the term from five to ten years with the deprivation of the right to drive the vehicles for the term up to three years.
287 The commissioning of technically defective vehicles or other violation of their exploitation. {Article 287 with amendments done in accordance with the Law No. 586-VI dated 24.09.2008}.
- The commissioning of technically defective vehicles, allowing to drive the vehicle to the person who is under alcohol, drugs or other intoxication or under the influence of medicines which reduce attention and perceptual speed, or to the person who does not have the right to drive the vehicle, or other severe violation of the rules of the vehicles exploitation, which ensures road safety, committed by the person responsible for the technical condition or exploitation of the vehicles, if this caused a moderate bodily harm, or severe bodily harm to the victim, or caused the death. Punishment by a fine starting from two hundred to five hundred non-taxable minimums of citizens income, or correctional works for the term up to two years, or measure of restraint for the term up to five years, or imprisonment for the term up to five years with the deprivation of the right to hold positions connected with responsibility for technical condition or exploitation of the vehicles for the term up to three years or without such deprivation
288 Violation of rules, norms and standards concerning road safety. {Article 288 with amendments done in accordance with the Law No. 586-VI dated 24.09.2008}.
- Violation of rules, norms and standards concerning road safety committed by the person responsible for construction, reconstruction, repair or maintenance of roads, streets, railroad crossings, other road structures, or by the person who carries out such works, if this violation caused moderate bodily harm, or severe bodily harm to the victim, or caused the death. Punishment by a fine starting from two hundred to five hundred non-taxable minimums of citizens income, or correctional works for the term up to two years, or measure of restraint for the term up to five years, or imprisonment for the term up to five years
289 Illegal possession of the vehicle. Note. 1. In this Article, under illegal possession of the vehicle one should understand the unlawful seizure of the vehicle from the owner or user against their will, committed intentionally, for any purpose and by any means. 2. In accordance with the Part 2 of this Article, under repetition one should understand the commitment of such actions by the person who previously possessed illegally of the vehicle or committed a crime provided for in the Articles 185, 186, 187, 189-191, 262, 410 of this Code. 3. In accordance with the Part 2 and Part 3 of this Article, pecuniary damage is considered a significant one in the event of causing actual damage in the amount of one hundred to two hundred and fifty non-taxable minimums of citizens income, and is considered a big one in the event of causing actual damage in the amount of more than two hundred and fifty non-taxable minimums of citizens income. {Article 289 in reduction of the Law No. 2903-IV dated 22.09.2005; with amendments done in accordance with the Law No. 270-VI dated 15.04.2008}
289-1 Illegal possession of the vehicle Punishment by a fine starting from one thousand to one thousand two hundred non-taxable minimums of citizens income, or measure of restraint for the term from three to five years, or imprisonment for the same term.
289-2 The same actions committed repeatedly or in collusion with a group of persons, or combined with violence which is not dangerous to the victim’s life or health or with the threat of such violence, or committed with penetration into the premises or other storage facility; or if they caused significant material damage. Punishment by imprisonment for the term from five to eight years with or without the confiscation of property.
289-3 Actions provided for in the Part 1 or Part 2 of this Article, committed by an organized group or combined with violence which is dangerous to the victim’s life or health, or with the threat of such violence, or if they caused significant material damage. Punishment by imprisonment for the term from seven to twelve years with or without the confiscation of property.
289-4 The person who committed the actions provided for by this Article for the first time shall be released from the criminal liability (except for cases of illegal possession of the vehicle with violence against the victim or with the threat of such violence), in case this person informed voluntarily about this to the law enforcement authorities, returned the vehicle to the owner and fully compensated him all damages.
290 Destruction, falsification or replacement of the numbers of main units and aggregates of the vehicle. {Article 290 with amendments done in accordance with the Law No. 586-VI dated 24.09.2008}.
- Destruction, falsification or replacement of the identification number, engine number, chassis or body numbers, or replacement of the number plate with the vehicle identification number without the permission of the appropriate bodies. Punishment by a fine starting from one hundred and fifty to two hundred and fifty non-taxable minimums of citizens income, or correctional works for the term up to two years, or measure of restraint for the term up to three years.
291 Violations of the rules in force for traffic and transport. {Article 291 with amendments done in accordance with the Law No. 586-VI dated 24.09.2008}. Violation of the current road safety rules in force for traffic and transport, as well as rules, norms and standards for the manufacture, re-equipment, repair of the vehicles, if they become the reason of people’s deaths or other severe consequences. Punishment by a fine starting from two hundred to five hundred non-taxable minimums of citizens income, or correctional works for the term up to two years, or measure of restraint for the term up to five years, or imprisonment for the term up to five years.

Administrative offenses in the field of road safety and penalties

Code on Administrative Offences of Ukraine concerns the penalties for non-severe violations (such as drunk driving or overspeeding), and Criminal Code of Ukraine concerns the penalties for severe violations (for example, injuries or fatalities in road accidents).
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Article Offence Penalty
121 Violations of the rules of the vehicle driving, rules of using safety belts or motorbikes helmets by the driver. Under vehicles in the Articles 121-126, 127-1 – 128-1, Part 1 and Part 2 of the Article 129, Part 1 – Part 4 of the Article 130, Articles 132-1, 133-1, 133-2, 139 and 140 one should understand all types of automobiles, tractors and other self-propelled machinery, trams and trolleybuses, as well as motorbikes and other motor vehicles. {Article 121 with amendments done in accordance with the Decrees of the Internal Regulation No. 316-11 dated 29.05.85, No. 7542-11 dated 19.05.89, No.1369-12 dated 29.07.91, No. 1818-12 dated 15.11.91; the Laws No. 3785-12 dated 23.12.93, No. 55/97-VR dated 07.02.97, No. 2350-III dated 05.04.2001, No. 2251-IV dated 16.12.2004; in reduction of the Law No. 586-VI dated 24.09.2008, No. 3565-VI dated 05.07.2011; with amendments done in accordance with the Laws No. 596-VIII dated 14.07.2015, No. 2612-VIII dated 08.11.2018}
- Driver’s driving of the vehicle which has a malfunction of the system of braking or steering control, of push-on shoe, of external light devices (in night time) or other technical malfunctions with which its exploitation is prohibited in accordance with the established rules or if the vehicle was re-equipped with violations of the relevant rules, norms and standards. {Article 121 with amendments done in accordance with the Decrees of the Internal Regulation No. 316-11 dated 29.05.85, No. 7542-11 dated 19.05.89, No.1369-12 dated 29.07.91, No. 1818-12 dated 15.11.91; the Laws No. 3785-12 dated 23.12.93, No. 55/97-VR dated 07.02.97, No. 2350-III dated 05.04.2001, No. 2251-IV dated 16.12.2004; in reduction of the Law No. 586-VI dated 24.09.2008, No. 3565-VI dated 05.07.2011; with amendments done in accordance with the Laws No. 596-VIII dated 14.07.2015, No. 2612-VIII dated 08.11.2018} Imposition of a fine in the amount of twenty non-taxable minimums of citizens income.
- Driver’s driving of the vehicle used to render services for the passenger transportation, which has malfunctions provided for in the Part 1 of this Article, or the technical condition and equipment of which do not meet the requirements of standards, rules of the road traffic and exploitation. Imposition of a fine in the amount of forty non-taxable minimums of citizens income.
- Driver’s driving of the vehicle which is subject to mandatory technical control, but has not passed it in due time. Imposition of a fine in the amount of twenty non-taxable minimums of citizens income.
- Repeated commitment during the year of any of the violations provided for in the Part 1 – Part 3 of this Article. Imposition of the deprivation of the right to drive the vehicles for the term from three to six months or administrative arrest for the term from five to ten days.
- Violation of the rules of using safety belts or motorbikes helmets. Imposition of a fine in the amount of three non-taxable minimums of citizens income.
- Driver’s driving of the vehicle which is not registered or not re-registered in Ukraine in the established manner, its exploitation without a license number or with the license number that does not belong to this vehicle or does not meet the requirements of the standards, or with a license number attached in improper place, with a license number closed by other items, including coating or application of materials that prevent or impede its identification, or if a license number is dirty and this prevents the identification of the figures from twenty meters distance, or if a license number is upturned or unlit. Imposition of a fine in the amount of ten non-taxable minimums of citizens income.
- Repeated commitment during the year of any of the violations provided for in the Part 6 of this Article. Imposition of a fine in the amount of fifteen non-taxable minimums of citizens income or public works for the term from thirty to forty hours, with or without the compensated confiscation of the vehicle.
- Driver’s driving of the vehicle in respect of which restrictions have been imposed by the Customs Code of Ukraine, namely: violation of the terms of its temporary import and/or transition in the customs transit regime; the vehicle is used for business and/or for income generation in Ukraine; the vehicle was transferred to the possession, use or disposal of a person which did not import it into the customs territory of Ukraine or did not transit it in the customs transit regime. Imposition of a fine on the driver in the amount of five hundred non-taxable minimums of citizens income.
- Repeated commitment during the year of any of the violations provided for in the Part 8 of this Article Imposition of a fine on the driver in the amount of one thousand non-taxable minimums of citizens income with the deprivation of the right to drive the vehicles for the term of one year and with or without the compensated confiscation of the vehicle.
121-1 Driver’s exploitation of vehicles, identification numbers of component parts of which do not correspond to the records in the registration documents.{The Code was supplemented by the Article 121-1 in accordance with the Decree of the Internal Regulation No. 1369-12 dated 29.07.91; with amendments done in accordance with the Decree of the Internal Regulation No. 1818-12 dated 15.11.91; the Laws No. 3785-12 dated 23.12.93, No. 210/95-VR dated 02.06.95, No. 55/97-VR dated 07.02.97, No. 1981-III dated 21.09.2000; in reduction of the Law No. 586-VI dated 24.09.2008; with amendments done in accordance with the Law No. 596-VIII dated 14.07.2015}.
- Driver’s exploitation of vehicles, identification numbers of component parts of which do not correspond to the records in the registration documents, were destroyed or falsified. Imposition of a fine in the amount of fifteen non-taxable minimums of citizens income.
121-2 Violation of the rules of passenger transportation while providing the services on passenger transportation. {The Code was supplemented by the Article 121-2 in accordance with the Law No. 586-VI dated 24.09.2008; with amendments done in accordance with the Law No. 596-VIII dated 14.07.2015}.
- Passenger transportation by the drivers of the vehicles operating as route taxi, if the quantity of passengers exceeds the maximum quantity provided by the technical characteristics of the vehicle or specified in the registration documents for this vehicle, as well as passenger transportation by the drivers of the vehicles carrying out long-distance or international transportation, if the quantity of passengers exceeds the quantity of seats provided by the technical characteristics of the vehicle or specified in the registration documents for this vehicle. Imposition of a fine in the amount of ten non-taxable minimums of citizens income.
- Violation of the rules of stop during passengers loading (unloading) by the drivers of the vehicles operating as route taxi. Imposition of a fine in the amount of fifteen non-taxable minimums of citizens income.
- Transportation of passengers on a bus route stretching over five hundred kilometers by one driver. Imposition of a fine in the amount of ten non-taxable minimums of citizens income.
122 Exceeding of the established speed limits, driving on prohibitory signal of traffic lights and violation of other Traffic rules. {Article 122 with amendments done in accordance with the Decrees of the Internal Regulation No. 7542-11 dated 19.05.89, No. 1369-12 dated 29.07.91, No. 1818-12 dated 15.11.91; the Laws No. 3785-12 dated 23.12.93, No. 55/97-VR dated 07.02.97, No. 2350-III dated 05.04.2001; in reduction of the Law No. 586-VI dated 24.09.2008; with amendments done in accordance with the Laws No. 3163-VI dated 17.03.2011, No. 4438-VI dated 23.02.2012, No. 721-VII dated 16.01.2014 – is not valid on the basis of the Law No. 732-VII dated 28.01.2014; in reduction of the Law No. 767-VII dated 23.02.2014; with amendments done in accordance with the Laws No. 596-VIII dated 14.07.2015, No. 2109-VIII dated 22.06.2017, No.2262-VIII dated 21.12.2017}. Note. The violator in this Article is the person who drove the vehicle at the moment of violation, and in case of violations provided for by the Part 1 – Part 3 of this Article in the form of exceeding the established speed limits by the vehicles, driving on prohibitory signal of traffic lights, violation of the rules of stop, parking, as well as the prohibition for the vehicles to move on special lane for route vehicles, on sidewalks or pedestrian paths, exit to the lane with the traffic in the opposite direction, if such violation was recorded in automatic mode, as well as violation of the rules of stop, parking by the vehicles, if such violation was recorded in the mode of photo (video) fixation, so the violator is the responsible person mentioned in the Part 1 of the Article 14-2 of this Code, or the person who brought the vehicle into the territory of Ukraine. In the event of amendments to the Resolution on imposition of an administrative penalty on the grounds established by the third paragraph of the Part 1 of the Article 279-3 of this Code, the violator may be the person who drove the vehicle at the moment of violation, recorded in the automatic mode or in mode of photo (video) fixation.
- Exceeding of the established speed limits for more than twenty kilometers per hour, violation of the road signs and road marking requirements, violation of the rules of goods transportation, towing of the vehicles, stop, parking, passing through pedestrian crossings, not giving priority to pedestrians on unregulated pedestrian crossings, as well as violation of the prohibition for the vehicles to move on sidewalks or pedestrian paths. Imposition of a fine in the amount of fifteen non-taxable minimums of citizens income or 50 penalty points.
- Violation of the rules of passing through intersections, public transport stops, driving on prohibitory signal of traffic lights or on the gesture of the traffic-controller, violation of the rules of overtaking and passing of oncoming traffic, safe distance or interval, location of the vehicles on the carriageway, violation of the rules of road traffic on motorways, use of external lighting equipment or warning signals when starting the movement or changing its direction, the use of these devices and their re-equipment with violation of the relevant standards requirements, use of the communication means not equipped with technical devices, allowing to negotiate without help of hands while driving the vehicle (except for drivers of operational vehicles during their urgent duty), as well as a violation of the rules of driving lessons. Imposition of a fine in the amount of twenty five non-taxable minimums of citizens income or 50 penalty points.
- Exceeding of the established speed limits for more than fifty kilometers per hour, not giving priority to vehicles of emergency rescue services, ambulance, fire brigade, police moving with special light or sound signalling devices turned on, not giving priority to route vehicles, including violation of the rules of movement and stop at the lane for route vehicles, as well as violation of the rules of stop and parking, creating obstacles for road traffic or threats for road safety. Imposition of a fine in the amount of thirty non-taxable minimums of citizens income.
- Violations provided for in the Part 1, Part 2 or Part 3 of this Article, which caused the emergency situation, namely: forced other road users to change the speed, direction of movement or take other measures to ensure the personal safety or safety of other citizens. Imposition of a fine in the amount of forty non-taxable minimums of citizens income or deprivation of the right to drive the vehicles for the term from six months to one year.
- A stop or parking of the vehicles at the places marked by appropriate road signs or road markings, which allow to stop or park only the vehicles driven by the drivers with disabilities or drivers who transport people with disabilities (except cases of forced parking), as well as creating obstacles for drivers with disabilities or drivers who transport people with disabilities for stop or parking of their vehicles, improper use of the table “The driver with disabilities” on the vehicle. Imposition of a fine starting from sixty to one hundred non-taxable minimums of citizens income.