Criminal Code, Creation and Distribution of Malicious Software
Criminal Code of Ukraine, Law No. 2341-III, art. 361-1 (malicious software)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://zakon.rada.gov.ua/laws/show/2341-14In force since .
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not create, distribute or sell software or technical means designed for unauthorized interference in the operation of an information, electronic communications or information-and-communications system or network.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Part 1: a fine of 2,000 to 4,000 non-taxable minimum incomes of citizens, or correctional labor for up to two years, or imprisonment for up to three years. Part 2 (repeated, by prior conspiracy of a group, or causing significant harm): imprisonment for up to five years.
Penalty structure
The part 1 fine is expressed as 2,000 to 4,000 non-taxable minimum incomes of citizens, a fixed accounting unit rather than the minimum wage; part 2 carries imprisonment only, with no fine. The part 1 fine's maximum is stated as a multiple, not a UAH amount; convert using the statutory non-taxable minimum in force on the date of the offense.
- Rule
- Fixed only
- As of
- Currency
- UAH
- Fixed cap
- 4,000
What it makes you log
Logging duty
Article 361-1 punishes creating, distributing or selling malicious software or technical means designed for unauthorized interference in information and communication systems and networks. It imposes no duty to create, keep, produce or review a log or record and carries no territorial clause of its own; the Code's general articles on where its criminal law applies are not invoked by it.
- Kind
- None
- As of
What this law does
Article 361-1 punishes creating malicious software or technical means for the purpose of unlawful use, distribution or sale, and their distribution or sale, where those tools are designed for unauthorized interference in the operation of an information, electronic communications or information-and-communications system or network of the kind article 361 punishes.
A repeat offense, one committed by prior conspiracy of a group, or one causing significant harm, carries a higher maximum term of imprisonment.
When LexLint raises it
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