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Crimes against electoral, labor and other personal human rights

The electoral, labor, and other rights and freedoms of a person and citizen enshrined in the Constitution of Ukraine are guaranteed and protected by the Criminal Code from criminal influences.

The object of crimes is public relations that guarantee the rights and freedoms of every person and citizen. To crimes against the suffrage of citizens:

  • opposition to the electoral law, prohibition of participation in referendums, blocking the activities of the election Commission on the referendum of an official observer or member in General (Article 157);
  • falsification of election documents, documents on referendums, vote counting, and announcement of results (Article 158);
  • illegal destruction of electoral documents and official acts on referendums (Article 158);
  • violation of voting secrecy (Article 159) and others.
  • The object of crimes of this category is the suffrage of Ukrainians.
  • The objective side of crimes related to the electoral law is related to inaction or an attempt to prevent a citizen of Ukraine from exercising the electoral right, active or passive, to conduct campaigning before elections at all levels.
  • The subjective side of such offenses is characterized by a direct intent to prevent a citizen from exercising the constitutionally granted right to vote.
  • The subject is a person who has reached the age of 16 at the time of the Commission of the crime.

When committing crimes (part 1, 3 of Article 158, Article 158, 159), the law allocates an object that is a member of the election Commission or referendum.

Crimes against labor rights:

  • opposition to the work of trade unions, political parties, and civil society organizations (Art. 170);
  • countering the legitimate professional activities of journalists (Article 171);
  • gross violation of labor legislation (Article 172);
  • gross violation of an employment contract (Article 173);
  • forcing to participate in strikes or hindering participation in strikes (Article 174);
  • delay of earned salaries, scholarships and other payments established by law (Article 175).
  • The object of crimes is the right of Ukrainian citizens to form associations (Article 170), information and legal professional activity of journalists (Article 171), labor rights (Article 172), strike (Article 174), receiving any payments established by the laws of Ukraine (Article 175).
  • The objective side of these crimes are processes in the form of actions or inactivity.

⇒ Subjective party of a crime is direct intention.

The subjects of the above-mentioned crimes are persons who have reached the age of 16 at the time of Commission (Article 170 part 1, Article 171, Article 174). It can also be a special entity or a state (Article 171 part 2, Article 172), the heads of a company/organization, or a private enterprise (Articles 172, 173, 175).

Crimes against the family:

  • evasion of child support payments (Article 164);
  • evasion of payments for the maintenance of disabled parents (Article 165);
  • willful failure to take care of children or persons taken into care (Article 166);
  • abuse of guardianship rights (Article 167);
  • disclosure of the secret of adoption (Article 168);
  • illegal actions for adoption (Article 169).

In addition to the above, this category includes:

  • Crimes in the field of protection of intellectual property rights, copyright violations (Article 176); violation of the rights to an invention, model, sample, plant variety, rational offer (Article 177).;
  • Crimes against freedom of conscience, damage to religious buildings and buildings of cultural value (Article 178), illegal retention, desecration or destruction of shrines (Article 179); opposition to the performance of Church rites (Article 180); attempt on the health of people under the cover of sermons, creeds, rites (Article 181).
  • Crimes that harm personal rights and freedoms of citizens, violation of equality of citizens depending on their race or nationality, attitude to religion (Article 161); violation of the inviolability of housing (Article 162); violation of medical secrecy, telephone conversations (Article 163); violation of privacy (Article 182); violation of the right to receive education (Article 183); violation of the right to receive free medical care (Article 184).

If you have any problems or your rights are violated, please contact Kasyanenko & Partners Law Company. Our experts will help you restore justice and legality in solving your situation!

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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