Article 268 of the Code of Ukraine on Administrative Offenses defines the rights of a person who is being held administratively liable. In simple terms, if the police, a court, or another ...
15Sep
What Article 228 of the Criminal Code of Ukraine Is About
As of 2026, Article 228 of the Criminal Code of Ukraine does not establish criminal liability. The current version of the Criminal Code of Ukraine explicitly states that Article 228 was excluded based on the Law of Ukraine No. 4025-VI dated 15.11.2011.
This is an important detail. By search queries such as “article 228”, “228 article”, “article 228 CC of Ukraine” or “what does article 228 mean”, it is still possible to find old versions of the code where this provision contained the elements of a criminal offense and punishment. Such provisions should not be considered valid for the current situation.
What Article 228 of the Criminal Code of Ukraine Previously Held Liability For
Before its exclusion, Article 228 was titled “Coercion to Anti-Competitive Coordinated Actions.” It covered coercion of a person to anti-competitive behavior through violence, causing property damage, or threat to use violence or cause such damage.
Before its repeal, the provision envisaged serious criminal liability:
- For the basic offense – imprisonment for a term of 2 to 5 years.
- For the same actions committed by an organized group or a person previously convicted for this crime – imprisonment for a term of 3 to 6 years.
These sanctions were included in the old version of the Criminal Code of Ukraine after amendments introduced by Law No. 270-VI. Today, it is impossible to impose such punishment specifically under Article 228 of the Criminal Code of Ukraine for new actions because the article has been excluded. The history of changes can be checked in the official database of the legislation of the Verkhovna Rada of Ukraine.
Why Article 228 of the Criminal Code of Ukraine Was Excluded
The article was excluded by the Law of Ukraine No. 4025-VI dated November 15, 2011, “On Amendments to Certain Legislative Acts of Ukraine Regarding the Humanization of Liability for Offenses in the Sphere of Economic Activities.”
This law changed the system of liability for a number of offenses in the economic sphere. Simultaneously with the exclusion of Article 228 from the Criminal Code, a new Article 166-18 “Coercion to Anti-Competitive Coordinated Actions” was introduced into the Code of Ukraine on Administrative Offenses (CUAO). The official text of the amendments is available in the Law of Ukraine No. 4025-VI.
What Applies Instead of Article 228 of the Criminal Code of Ukraine
Today, coercion to anti-competitive coordinated actions is provided for under Article 166-18 of the Code of Ukraine on Administrative Offenses. The current text of the CUAO can be verified in the official database of the Verkhovna Rada of Ukraine.
Anti-competitive coordinated actions may relate to competitors’ behavior that restricts or eliminates competition. They are defined by Article 6 of the Law of Ukraine “On Protection of Economic Competition.”
Such actions, according to the law, include, in particular:
- setting prices or other conditions for purchase or sale of goods;
- limiting production, product markets or technical-technological development;
- division of markets by territorial principle, assortment, sellers or buyers;
- distortion of results of auctions, tenders, competitions, and bids;
- elimination of other business entities from the market or restricting their market access.
The full list and criteria are contained in the Law of Ukraine “On Protection of Economic Competition”. At the same time, mere competition between companies does not necessarily mean a violation — what matters are specific coordinated actions and their impact on competition.
What Punishment Article 166-18 of the CUAO Prescribes
For coercion to anti-competitive coordinated actions, Article 166-18 of the CUAO provides a fine ranging from 500 to 1000 non-taxable minimum incomes of citizens.
For fines under the CUAO, one non-taxable minimum equals 17 UAH. Thus, the amounts are:
- from 8,500 to 17,000 UAH – for the first offense;
- from 17,000 to 51,000 UAH – if a person has already been subject to administrative liability for the same offense within a year.
For a repeated offense, the law sets a fine from 1000 to 3000 non-taxable minimum incomes. The sizes of the sanctions directly stem from Article 166-18 of the CUAO, introduced by Law No. 4025-VI.
What Article 228 Means for a Citizen or Entrepreneur
The exclusion of Article 228 of the Criminal Code of Ukraine means a specific legal thing — a person cannot today be brought to criminal liability precisely under the current Article 228 of the Criminal Code of Ukraine because such a criminal offense does not exist in the current code.
But this does not mean that violence, threats, property damage, or other illegal methods of pressure have become lawful.
If, during coercion to certain behavior, a person commits acts that have signs of another criminal offense, law enforcement agencies may assess them under other current articles of the Criminal Code of Ukraine. Legal qualification depends on the method of actions, consequences, intent, amount of damage, and other circumstances.
What Rights Does a Person Facing Administrative Liability Have
If a case is considered under Article 166-18 of the CUAO, the person enjoys the general procedural rights provided by Article 268 of the CUAO.
The person has the right to:
- Familiarize themselves with the case materials.
- Give explanations and submit evidence.
- File motions and submit applications.
- Use legal assistance of a lawyer or other legal specialist.
- Speak in their native language and use translation services.
- Challenge the ruling in the case.
The current rights of the person are embodied directly in Article 268 of the CUAO. In 2025, the wording of this article was also clarified by Law No. 4316-IX.
The record itself or the statement of an official does not automatically establish guilt. During the case consideration, the authorized body or court must clarify the factual circumstances and evaluate the evidence.
Why Different Information About “Article 228” Exists Online
The reason is simple — search engines show not only the current text of the Criminal Code of Ukraine but also previous editions of the code, legal commentaries, and pages created before 2012.
Because of this, a user might see the old provision about imprisonment and conclude it applies now. This is a mistake.
It is better to check the current status of the article as follows:
- Open the current Criminal Code of Ukraine.
- Find Article 228.
- Check the note about its exclusion.
- Go to Law No. 4025-VI, which was the basis for the exclusion.
- For modern liability, check Article 166-18 of the CUAO.
This approach allows distinguishing the current legal norm from its historical version. In the current Criminal Code of Ukraine, it is directly indicated next to number 228 that the article is excluded.
Frequently Asked Questions About Article 228 of the Criminal Code of Ukraine
No. Article 228 of the Criminal Code of Ukraine was excluded based on Law No. 4025-VI dated 15.11.2011. In the current Criminal Code, after Article 227 there is a note about the exclusion of Article 228, followed by Article 229. This can be verified directly in the Criminal Code of Ukraine on the Verkhovna Rada’s website.
The article involved coercion to anti-competitive coordinated actions. Specifically, coercion through violence, causing property damage or threats of such actions. Before its exclusion, the article provided for imprisonment from 2 to 5 years, and for the qualified offense – from 3 to 6 years.
Not specifically under Article 228. It is excluded and does not contain a valid criminal offense. However, specific acts such as violence, threats or other criminally punishable interventions, if they have the relevant characteristics, can be classified under other existing articles of the Criminal Code.
Regarding coercion to anti-competitive coordinated actions, Article 166-18 of the CUAO applies. It was introduced by the same Law No. 4025-VI that excluded Article 228 from the Criminal Code.
For the first offense – from 500 to 1000 non-taxable minimum incomes of citizens, that is from 8,500 to 17,000 UAH. For a repeated similar offense within a year – from 1000 to 3000 non-taxable minimum incomes, i.e. from 17,000 to 51,000 UAH.
These are coordinated behaviors of market participants that lead or may lead to the prevention, elimination, or restriction of competition. For example, agreements among competitors on prices, division of clients or territories, or coordinated actions to distort tender results. The precise definition and list of such actions are established by Article 6 of the Law of Ukraine “On Protection of Economic Competition.”
Not every agreement between entrepreneurs is a violation. Its content and impact on competition matter. The law separately defines which coordinated actions are anti-competitive and in which cases the exemptions or permits provided by law may apply.
First, check the date of the event and the version of the law valid at that time. If the document concerns current legal relations and mentions Article 228 as a valid criminal norm, such a reference requires separate verification. The current version of the Criminal Code of Ukraine directly states the article’s exclusion.
The most reliable source is the official portal of the Verkhovna Rada of Ukraine “Legislation of Ukraine.” There you can find the current version of the Criminal Code of Ukraine, previous versions of the code, Law No. 4025-VI, and the Code of Ukraine on Administrative Offenses.
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