Criminal Code, Creation and Distribution of Malicious Software
Criminal Code of Ukraine, Law No. 2341-III, art. 361-1 (malicious software)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 23 December 2004.
A computer misuse rule binding public and private bodies.
As of 6 September 2026.
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.
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 fixed_cap field states the part 1 fine's maximum 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
- 6 September 2026
- Currency
- UAH
- Fixed cap
- 4,000
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
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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