Application of Art. 176 of the Criminal Code of Ukraine to the System Administrator (Pirated Software)
Hi, Habr. This post can be called "analogue for Ukraine" post Accusation of the system administrator under Art. 146 of the Criminal Code (unlicensed software in the company). Issue 1 . After reading that, I wondered about the Ukrainian legislation on this topic, namely, the 176 articles of the Criminal Code of Ukraine . Relevant to all those who at work installs "pirated software" at the request of management.
Immediately, I note that the personal experience (unfortunately I came across myself) and consultations at the Kharkiv Regional Bar Association and a bit to the Prosecutor’s Office of the Kievsky district of Kharkov have become materials for this post. The post will be divided into 3 parts: general information, ways to protect yourself from the criminal case and an example from personal experience.
So, for starters, under the spoiler, the text of the article itself:
')
After reading this article, a legitimate question arises: “ Who determines the damage caused? »Based on the practice of applying this article, it turns out that the damage is considered by the company-holder or the official representative of the holder in Ukraine. There is a so-called “loophole” in this nuance, because most often these figures are taken on the basis of some incomprehensible examinations, and do not correspond to reality even closely, which you should definitely notice in court (if it comes to it).
However, we start from far away. Why did they suddenly decide to check us, because law enforcement agencies have no right to carry out operational search activities (to which the fact of the inspection applies) just like that?
In accordance with Article 6 of the Law of Ukraine "On the Operational-Rozshukova DŃ–yalnist".
And according to Art. 9 of the same Law
After reading these articles, I think everyone understands that almost never our law enforcement officers do not adhere to these articles and start ORD (operatively-search activity) either on their own or on the basis of some incomprehensible statement written by someone who does not understand. Accordingly, the activities of law enforcement officers may be recognized as illegal, and all the results of the OSA are not counted as evidence. With the right approach, it is possible that there will be no more questions for you if you put everything in the right light, with the connection of the prosecutor's office. However, it is very difficult to do this yourself - there are too many nuances, it is better not to spare money for a lawyer.
For a start, a few points that need to be taken into account throughout its activities at the position of Sysadmin.
But if you are “checked” and you are taken by computers and you personally to the department, keep in mind, do not agree to sign something while your lawyer is not around, because some little meaningful phrase for you can make a big difference with further proceedings. Do not threaten the police officers, they are nervous people and often not very adequate. Do not talk about dating just like that, it’s better to have these “acquaintances” come to you. It is checked - they do not always believe in the word and are only nervous that you will not benefit.
Look for an intelligent lawyer who has experience in such cases, preferably for this article and who will be able to prove that the case is unlawfully initiated at all (as happens in 99% of such cases). And it will end well.
Immediately, I do not name names, names of companies and other information for obvious reasons.
So, in 2009 I worked in one company, known in Kharkov, in the advertising department, as a sysadmin. For the layout of the print edition, the Scribus program was used, distributed on the basis of the GNU GPL. I can’t give the exact reason, but the management demanded that I install “a trial version of Adobe InDesign and then buy a license”. So, InDesign costs, the trial license has expired, but you need to typeset it, but you don't give money for a license. In general, put a crack. The question is forgotten for several months. After some time, strange people appear in the office, who appear to be law enforcement officers, seize my computer and layout designer (they didn’t touch the server, which is strange). I, along with computers, are taken to the nearest police station (where the lawyer’s leadership has already called). Well, as usual, it begins “A young guy, you ruin your life with a criminal offense, why do you need it?”. I strongly refuse to sign any papers without the presence of a lawyer. Direct threats begin: “a broken liver, a gas mask with water, and you are still young, why do you need a disability?”. Frankly, it was scary. After that, I really don't like our “organs”. After the arrival of a lawyer everything went much better. I was already addressed to “You” and they hinted in every possible way that the outcome depended only on me (I want to note that at that time, in the eyes of the police officers, dollar marks were fading away). After a couple of hours of some moral pressure, I was released on a written undertaking not to leave. I did not participate in the further proceedings, thanks to my superiors. The next day I had a day off, a day later I already had a new computer and a package with a licensed copy of InDesign was lying on the table. Two weeks later they called me to the ROVD and told me that they had refused to open a criminal case. As it turned out, with the help of some "acquaintances", a statement was made to the regional prosecutor's office, demanding to recognize the actions of such and such police officers as illegal and, as a result, the evidence was invalid.
That's how it ended, I was glad, honestly.
PS The withdrawn sistemnik did not return. After all this, my RFP was elevated for nerves.
I can only add what I wish you not to encounter with this, but if you do, insist on your own, do not expect concessions or kindness from our bodies. If you have questions - ask. Note inaccuracies in the post - please.
Immediately, I note that the personal experience (unfortunately I came across myself) and consultations at the Kharkiv Regional Bar Association and a bit to the Prosecutor’s Office of the Kievsky district of Kharkov have become materials for this post. The post will be divided into 3 parts: general information, ways to protect yourself from the criminal case and an example from personal experience.general information
So, for starters, under the spoiler, the text of the article itself:
')
Statte 176. Copyright Porushennya and Sumy Rights
1. Illegally, the Ministry of Education, the Ministry of Education, and the Ministry of Education; Instances of information, but ombrely displaced by copyright and sundry rights, as a result, cast a curse on significant value, are punished with a fine of two hundred years to thousand unpaid
mŃ–nŃ–mumŃ–v dovŃ–v Ń– bumobyan (3 400 - 17 000 uah) either with robots on the lines up to the two rows, or on the same lines, with the same lines, from the bottom of the table to the bottom of all the world, created by the mothers, the first thing on the table, and the world, the first, the video card, program of knowledge and materials, specially prepared for their own training.
2. The best of the words, they stink again and again, or for the rest of you, you, or you, got the job of the great rose, - punished with a fine of two thousand to two thousand unpaid minors, I’m a disciple; lines to two, but to the will of the lines to two lines to five years, confidential and third-party software, computer software, danich databases, audio, audio, template, and a programmer, a programmer, a programmer, a programmer, a programmer, a programmer, a programmer, a program Special Vicorists Were gone for our cruise.
3. Diaspora - 51 000 UAH) aboh letting the will be on lines up to six rocks, from up to the right of singing and planting money on the lines up to rocking up without this kind of confinement to all of them kŃ–v tvorŃ–v, materŃ–alnih nosŃ–Ń—v Komp'yuterniy programs, databases danih, vikonan, fonogram, vŃ–deogram, programs that movlennya znaryad i materŃ–alŃ–v, SSMSC spetsŃ–alno vikoristovuvalisya for Ń—h vigotovlennya.
PrimŃ–tka. In the 17th century, the Code of Conduct is in the possession of the Ministry of Justice. I mismatch neopodkovuvaniye mŃ–nŃ–mum dovŃ–v gromadyan, and zavdanoyu in a particularly great rosmŃ–rŃ– - yakscho Ń—Ń— rozmŃ–r have a thousand (17 000 UAH) Ń– more often than raziv pisvischu nepodatkovuvanija mŃ–nŃ–mum dozhŃ–v boomadyan.
{Article 176 as amended by the Law N 850-IV (850-15) from
05.22.2003; іz zmіnami, make a lot of ız Law N 3423-IV
(3423-15) vid 09.02.2006, N 1111-V (1111-16) vid 31.05.2007}
mŃ–nŃ–mumŃ–v dovŃ–v Ń– bumobyan (3 400 - 17 000 uah) either with robots on the lines up to the two rows, or on the same lines, with the same lines, from the bottom of the table to the bottom of all the world, created by the mothers, the first thing on the table, and the world, the first, the video card, program of knowledge and materials, specially prepared for their own training.
2. The best of the words, they stink again and again, or for the rest of you, you, or you, got the job of the great rose, - punished with a fine of two thousand to two thousand unpaid minors, I’m a disciple; lines to two, but to the will of the lines to two lines to five years, confidential and third-party software, computer software, danich databases, audio, audio, template, and a programmer, a programmer, a programmer, a programmer, a programmer, a programmer, a programmer, a program Special Vicorists Were gone for our cruise.
3. Diaspora - 51 000 UAH) aboh letting the will be on lines up to six rocks, from up to the right of singing and planting money on the lines up to rocking up without this kind of confinement to all of them kŃ–v tvorŃ–v, materŃ–alnih nosŃ–Ń—v Komp'yuterniy programs, databases danih, vikonan, fonogram, vŃ–deogram, programs that movlennya znaryad i materŃ–alŃ–v, SSMSC spetsŃ–alno vikoristovuvalisya for Ń—h vigotovlennya.
PrimŃ–tka. In the 17th century, the Code of Conduct is in the possession of the Ministry of Justice. I mismatch neopodkovuvaniye mŃ–nŃ–mum dovŃ–v gromadyan, and zavdanoyu in a particularly great rosmŃ–rŃ– - yakscho Ń—Ń— rozmŃ–r have a thousand (17 000 UAH) Ń– more often than raziv pisvischu nepodatkovuvanija mŃ–nŃ–mum dozhŃ–v boomadyan.
{Article 176 as amended by the Law N 850-IV (850-15) from
05.22.2003; іz zmіnami, make a lot of ız Law N 3423-IV
(3423-15) vid 09.02.2006, N 1111-V (1111-16) vid 31.05.2007}
After reading this article, a legitimate question arises: “ Who determines the damage caused? »Based on the practice of applying this article, it turns out that the damage is considered by the company-holder or the official representative of the holder in Ukraine. There is a so-called “loophole” in this nuance, because most often these figures are taken on the basis of some incomprehensible examinations, and do not correspond to reality even closely, which you should definitely notice in court (if it comes to it).
However, we start from far away. Why did they suddenly decide to check us, because law enforcement agencies have no right to carry out operational search activities (to which the fact of the inspection applies) just like that?
In accordance with Article 6 of the Law of Ukraine "On the Operational-Rozshukova DŃ–yalnist".
Article text
Suspended for conducting operational-rosshukovoa dŃ–yalnost. By the way, for the operation of a roster In the case of the letters of practice and decisions of the procurator, in the court of justice, in criminal cases, it is known in the legal office, materials of the court, The foreign bodies, at the power lines of the operative organizations of the international law-enforcement bodies and the international bodies, as well as those of the new state bodies, established by the authorities, installed by the Computer Council of Ukraine (...)
And according to Art. 9 of the same Law
Article text
Guarantor of lawfulness pid hour building operational rosshukovoi dŃ–yalnost
On the skin map, on the other hand, for the operational-roschukovoi dŃ–yalnosti, to start the operational-roshukov on the right. Holds about institutions takoŃ— Spravi pŃ–dlyagaŃ” zatverdzhennyu chief authority vnutrŃ–shnŃ–h right, service BEZPEKA, State prikordonnoŃ— Service of Ukraine, receptionists vischih Posadov osŃ–b, service zovnŃ–shnoŃ— rozvŃ–dki Ukraine, operational pŃ–drozdŃ–lu podatkovoŃ— mŃ–lŃ–tsŃ–Ń—, authority, install vikonannya retribution chi slŃ–dchogo Ń–zolyatora, rozvŃ–duvalnogo body MŃ–nŃ–sterstva Defense of Ukraine, rozvŃ–duvalnuyu organ spetsŃ–no upovnovozhenogo central authority of the viconavchoo vladi sprav ohoroni sovereign to cordon abo yogo we establish a protector.
On the skin map, on the other hand, for the operational-roschukovoi dŃ–yalnosti, to start the operational-roshukov on the right. Holds about institutions takoŃ— Spravi pŃ–dlyagaŃ” zatverdzhennyu chief authority vnutrŃ–shnŃ–h right, service BEZPEKA, State prikordonnoŃ— Service of Ukraine, receptionists vischih Posadov osŃ–b, service zovnŃ–shnoŃ— rozvŃ–dki Ukraine, operational pŃ–drozdŃ–lu podatkovoŃ— mŃ–lŃ–tsŃ–Ń—, authority, install vikonannya retribution chi slŃ–dchogo Ń–zolyatora, rozvŃ–duvalnogo body MŃ–nŃ–sterstva Defense of Ukraine, rozvŃ–duvalnuyu organ spetsŃ–no upovnovozhenogo central authority of the viconavchoo vladi sprav ohoroni sovereign to cordon abo yogo we establish a protector.
After reading these articles, I think everyone understands that almost never our law enforcement officers do not adhere to these articles and start ORD (operatively-search activity) either on their own or on the basis of some incomprehensible statement written by someone who does not understand. Accordingly, the activities of law enforcement officers may be recognized as illegal, and all the results of the OSA are not counted as evidence. With the right approach, it is possible that there will be no more questions for you if you put everything in the right light, with the connection of the prosecutor's office. However, it is very difficult to do this yourself - there are too many nuances, it is better not to spare money for a lawyer.
Recommendations on how to avoid a criminal case and what to do if it is still instituted.
For a start, a few points that need to be taken into account throughout its activities at the position of Sysadmin.
- If there is a need to record any information on the disk (for example, installers of unlicensed software, files created in it, etc.) NEVER sign the disk with your own hand. If you sign it, this will be one of the key evidence of the charges against you.
- Almost everyone knows about this, but I’ll remind you - you shouldn’t keep an incomprehensible memo with the demand of the management to install pirated software. If you find such a note, then from the first part of Article 176 of the Criminal Code of Ukraine, the case instantly becomes part of the 2nd, with all the consequences.
- If your computer is taken away, insist on its complete typo with witnesses. It also happens that a “harmless downgrade” of a computer and the installation of “profitable” law enforcement software on your computer.
- Do not install unlicensed software. It may sound ridiculous, but ask the authorities to buy licenses and sleep peacefully. What is more to you, a certain amount spent on the purchase of licenses by your company, or nerves, experiences and this stress after communicating with our bodies?
But if you are “checked” and you are taken by computers and you personally to the department, keep in mind, do not agree to sign something while your lawyer is not around, because some little meaningful phrase for you can make a big difference with further proceedings. Do not threaten the police officers, they are nervous people and often not very adequate. Do not talk about dating just like that, it’s better to have these “acquaintances” come to you. It is checked - they do not always believe in the word and are only nervous that you will not benefit.
Look for an intelligent lawyer who has experience in such cases, preferably for this article and who will be able to prove that the case is unlawfully initiated at all (as happens in 99% of such cases). And it will end well.
Personal experience
Immediately, I do not name names, names of companies and other information for obvious reasons.
So, in 2009 I worked in one company, known in Kharkov, in the advertising department, as a sysadmin. For the layout of the print edition, the Scribus program was used, distributed on the basis of the GNU GPL. I can’t give the exact reason, but the management demanded that I install “a trial version of Adobe InDesign and then buy a license”. So, InDesign costs, the trial license has expired, but you need to typeset it, but you don't give money for a license. In general, put a crack. The question is forgotten for several months. After some time, strange people appear in the office, who appear to be law enforcement officers, seize my computer and layout designer (they didn’t touch the server, which is strange). I, along with computers, are taken to the nearest police station (where the lawyer’s leadership has already called). Well, as usual, it begins “A young guy, you ruin your life with a criminal offense, why do you need it?”. I strongly refuse to sign any papers without the presence of a lawyer. Direct threats begin: “a broken liver, a gas mask with water, and you are still young, why do you need a disability?”. Frankly, it was scary. After that, I really don't like our “organs”. After the arrival of a lawyer everything went much better. I was already addressed to “You” and they hinted in every possible way that the outcome depended only on me (I want to note that at that time, in the eyes of the police officers, dollar marks were fading away). After a couple of hours of some moral pressure, I was released on a written undertaking not to leave. I did not participate in the further proceedings, thanks to my superiors. The next day I had a day off, a day later I already had a new computer and a package with a licensed copy of InDesign was lying on the table. Two weeks later they called me to the ROVD and told me that they had refused to open a criminal case. As it turned out, with the help of some "acquaintances", a statement was made to the regional prosecutor's office, demanding to recognize the actions of such and such police officers as illegal and, as a result, the evidence was invalid.
That's how it ended, I was glad, honestly.
PS The withdrawn sistemnik did not return. After all this, my RFP was elevated for nerves.
I can only add what I wish you not to encounter with this, but if you do, insist on your own, do not expect concessions or kindness from our bodies. If you have questions - ask. Note inaccuracies in the post - please.
Source: https://habr.com/ru/post/164667/
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