Comparison of criminal liability for unlicensed software in Russia, Ukraine and Kazakhstan
The topic of criminal responsibility of the system administrator (and other computer people) for unlicensed software has been raised many times, but it still remains interesting.
On Habré discussed the responsibility in Russia ( Charge of the system administrator under article 146 of the Criminal Code of the Russian Federation (unlicensed software in the company). Issue 1 ) and in Ukraine ( Application of article 176 of the Criminal Code of Ukraine to the System Administrator (Pirated software) ). I will tell you about the punishments for such misconduct in Kazakhstan. But to a greater degree I was interested in comparing the attitude of 3 states to this topic.
I would like to immediately say: I am not a lawyer. If you find inaccuracies somewhere, do not judge strictly. Better tell me, and I will fix it.
I was mostly interested in two questions:
Only in Russia there are strictly two of these boundaries in the criminal code. There are some intermediate states in Ukraine and Kazakhstan, but they have nothing to do with my questions, so they are absent in the resulting table. Interested persons can learn information from quotations of articles of the criminal code
For ease of comparison, I recalculated all the numbers in dollars (so that no one was hurt). Slightly rounded.
So, the resulting table:
In Ukraine and Kazakhstan, getting a criminal case is about the same in complexity - you need to install pirated software for a little more than $ 1,000 (this is 5-7 "Windows 7 Pro"). In Russia - twice as difficult. In this case, if the stars do not stand up well, then you can immediately get a deadline.
But with the maximum punishment all have everything in different ways.
In Russia and Ukraine, if you are lucky, even in the case of damage on a large scale, you can remain at large. In Ukraine, in general, you can only get off with a fine (although the fine, I must say, is not the smallest). But in Kazakhstan, not only is it enough to cause damage at only $ 5,500 (this is one fully configured server from Microsoft), you also have to sit anyway.
The findings show that although all three states have a lot in common, they all relate to this crime differently: someone prefers to penalize more strongly, and someone immediately imprisons.
When discussing the article, some doubts arose about the value of NMDG (the non-taxable minimum income of citizens) in Ukraine. There are several options:
Such discrepancies cause vagueness of the formulation:
Information on the Internet is also a difference: they say that it is necessary to use the value 573.5 , and on the website of the SAI they use the value 17 .
Unfortunately, we could not find any references to court verdicts, by which one could unambiguously understand what meaning the judges use. Therefore, in the table I will leave the value 573.5 only because the resulting figures obtained with this value of the NMDG look more logical in comparison with the figures for other states.
')
12.25.2013 - The first version of the article.
01/01/2014 - Added a block about the meaning of NMDG.
On Habré discussed the responsibility in Russia ( Charge of the system administrator under article 146 of the Criminal Code of the Russian Federation (unlicensed software in the company). Issue 1 ) and in Ukraine ( Application of article 176 of the Criminal Code of Ukraine to the System Administrator (Pirated software) ). I will tell you about the punishments for such misconduct in Kazakhstan. But to a greater degree I was interested in comparing the attitude of 3 states to this topic.
I would like to immediately say: I am not a lawyer. If you find inaccuracies somewhere, do not judge strictly. Better tell me, and I will fix it.
I was mostly interested in two questions:
- How easy it is to become a criminal.
- What is the maximum penalty, taking into account the aggravating (a group of people, in especially large amounts, etc.) can be threatened.
Only in Russia there are strictly two of these boundaries in the criminal code. There are some intermediate states in Ukraine and Kazakhstan, but they have nothing to do with my questions, so they are absent in the resulting table. Interested persons can learn information from quotations of articles of the criminal code
Criminal Code of the Russian Federation (as amended on 25.11.2013), article 146
Article 146. Infringement of Copyright and Related Rights
1. Assignment of authorship (plagiarism), if this act caused major damage to the author or other rightholder, is punishable by a fine of up to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to eighteen months, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for up to one year, or arrest for up to six months.
2. Illegal use of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for marketing purposes, committed on a large scale - shall be punished with a fine of up to two hundred thousand rubles or in the amount of the salary or other income of the convict for a period of up to eighteen months, either by compulsory labor for up to four hundred and eighty hours, or by correctional labor for up to two years, or by forced labor for up to two years, or Ishenim liberty for the same period.
3. The acts provided for in part two of this article, if they are committed:
a) has expired. - Federal law of 08.12.2003 N 162-FZ;
b) by a group of persons by prior agreement or by an organized group;
c) on a large scale;
d) by a person using his official position - shall be punished with forced labor for up to five years or imprisonment for up to six years with a fine of up to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years or without such
Note. The acts provided for in this article are deemed to be committed on a large scale if the cost of copies of works or phonograms or the cost of rights to use objects of copyright and related rights exceed one hundred thousand rubles, and on a particularly large scale - one million rubles.
1. Assignment of authorship (plagiarism), if this act caused major damage to the author or other rightholder, is punishable by a fine of up to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to eighteen months, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for up to one year, or arrest for up to six months.
2. Illegal use of copyright or related rights, as well as the acquisition, storage, transportation of counterfeit copies of works or phonograms for marketing purposes, committed on a large scale - shall be punished with a fine of up to two hundred thousand rubles or in the amount of the salary or other income of the convict for a period of up to eighteen months, either by compulsory labor for up to four hundred and eighty hours, or by correctional labor for up to two years, or by forced labor for up to two years, or Ishenim liberty for the same period.
3. The acts provided for in part two of this article, if they are committed:
a) has expired. - Federal law of 08.12.2003 N 162-FZ;
b) by a group of persons by prior agreement or by an organized group;
c) on a large scale;
d) by a person using his official position - shall be punished with forced labor for up to five years or imprisonment for up to six years with a fine of up to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years or without such
Note. The acts provided for in this article are deemed to be committed on a large scale if the cost of copies of works or phonograms or the cost of rights to use objects of copyright and related rights exceed one hundred thousand rubles, and on a particularly large scale - one million rubles.
The Criminal Code of Ukraine, edited December 15, 2013, article 176
Stattea 176. Porned copyright і sumenzhnyh rights
1. Illegally, in the field of science, in the field of science, and in the field of law, in the field Instances of information, but ombre on the subject of copyright and sundry rights, as a result, were inappropriate for the significant rose, -
punished by a couple of years , the program of the field and materials, were specially designed for their wrestling.
2. Thi sami dei, allegedly stinked again, or behind the serpent group of Osib, or scored the curse of the Great Rose, -
punished by the law of peace , Vikonan, phonogram, videoogram, software that means knowledge and materials, was specially chosen for their performances.
3. Diii, transferred by parts to a new friend or another statute, caused by a special service for a service camp or by an organized group, or a stink that stinked at the material school in a particularly great romance, -
punished by the law material nosіїv komp'yuternyh programs, bases danih, vikonan, phonogram, videoogram, software that sign and materials, as a special copyright for their wigotting.
Primіtka. In statte 176 is the 177 tsogo Code materіalna Skoda vvazhaєtsya zavdanoyu in digit rozmіrі, Yakscho її rozmіr in dvadtsyat i bіlshe razіv perevischuє neopodatkovuvany mіnіmum dohodіv gromadyan have great rozmіrі - Yakscho її rozmіr in dvіstі i bіlshe razіv perevischuє neopodatkovuvany mіnіmum dohodіv gromadyan and zavdanoyu in Especially great rosmir - as if I’m rozіr y tysyachu і more іlshe razіv peresischu є neopatkovuvaniye mіnіmum dozhdіv is huge.
1. Illegally, in the field of science, in the field of science, and in the field of law, in the field Instances of information, but ombre on the subject of copyright and sundry rights, as a result, were inappropriate for the significant rose, -
punished by a couple of years , the program of the field and materials, were specially designed for their wrestling.
2. Thi sami dei, allegedly stinked again, or behind the serpent group of Osib, or scored the curse of the Great Rose, -
punished by the law of peace , Vikonan, phonogram, videoogram, software that means knowledge and materials, was specially chosen for their performances.
3. Diii, transferred by parts to a new friend or another statute, caused by a special service for a service camp or by an organized group, or a stink that stinked at the material school in a particularly great romance, -
punished by the law material nosіїv komp'yuternyh programs, bases danih, vikonan, phonogram, videoogram, software that sign and materials, as a special copyright for their wigotting.
Primіtka. In statte 176 is the 177 tsogo Code materіalna Skoda vvazhaєtsya zavdanoyu in digit rozmіrі, Yakscho її rozmіr in dvadtsyat i bіlshe razіv perevischuє neopodatkovuvany mіnіmum dohodіv gromadyan have great rozmіrі - Yakscho її rozmіr in dvіstі i bіlshe razіv perevischuє neopodatkovuvany mіnіmum dohodіv gromadyan and zavdanoyu in Especially great rosmir - as if I’m rozіr y tysyachu і more іlshe razіv peresischu є neopatkovuvaniye mіnіmum dozhdіv is huge.
Criminal Code of the Republic of Kazakhstan (ed. 04.07.2013), article 184
Article 184. Violation of Copyright and / or Related Rights
1. Assignment of authorship or coercion to co-authorship, if this act caused significant harm to the rights or legitimate interests of the author or other rightholder, including causing significant damage, is punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or by engaging in public works for a term from one hundred to one hundred eighty hours, or restriction of freedom for up to two years.
2. Illegal use of copyright and (or) related rights, as well as the acquisition, storage, transfer or manufacture of counterfeit copies of copyright and (or) related rights for marketing purposes, committed in significant amounts - shall be punished with a fine of from five hundred to seven hundred monthly calculation indices either by engaging in public works for a period of one hundred eighty to two hundred and forty hours, or by restriction of freedom for a period of up to one year.
3. Illegal use of copyright and (or) related rights by organizing, creating Internet resources for further access to the exchange, storage, transfer of copies of works and (or) objects of related rights in an electronic digital format that caused significant damage - shall be punished with a fine in in the amount of from six to eight hundred monthly calculation indices either by engaging in public works for a period of from two hundred to two hundred and forty hours, or by restriction of freedom for a period of up to one year.
4. The acts provided for in the second and third parts of this article, committed: a) repeatedly; b) by a group of persons by prior agreement or by an organized group; c) on a large scale or causing major damage; d) by a person using his official position - shall be punished with imprisonment for a term of two to five years, with or without confiscation of property.
Notes.
1. The acts provided for in Articles 184, 184-1 of this Code are recognized as causing significant damage or committed in a significant amount if the amount of damage or the value of rights to use intellectual property or the cost of copies of copyright objects and (or) related rights or goods, containing inventions, utility models, industrial designs, selection achievements or topologies of integrated circuits, are a hundred times higher than the monthly calculated indicator established by the legislation the Republic of Kazakhstan at the time of the crime.
2. The acts provided for in Articles 184, 184-1 of this Code shall be recognized as causing major damage or committed on a large scale if the amount of damage or the value of rights to use intellectual property or the cost of copies of copyright objects and (or) related rights or goods, containing inventions, utility models, industrial designs, selection achievements or topologies of integrated circuits, five hundred times higher than the monthly calculated indicator established by the legislation of the Republic of iki Kazakhstan at the time of the crime.
1. Assignment of authorship or coercion to co-authorship, if this act caused significant harm to the rights or legitimate interests of the author or other rightholder, including causing significant damage, is punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or by engaging in public works for a term from one hundred to one hundred eighty hours, or restriction of freedom for up to two years.
2. Illegal use of copyright and (or) related rights, as well as the acquisition, storage, transfer or manufacture of counterfeit copies of copyright and (or) related rights for marketing purposes, committed in significant amounts - shall be punished with a fine of from five hundred to seven hundred monthly calculation indices either by engaging in public works for a period of one hundred eighty to two hundred and forty hours, or by restriction of freedom for a period of up to one year.
3. Illegal use of copyright and (or) related rights by organizing, creating Internet resources for further access to the exchange, storage, transfer of copies of works and (or) objects of related rights in an electronic digital format that caused significant damage - shall be punished with a fine in in the amount of from six to eight hundred monthly calculation indices either by engaging in public works for a period of from two hundred to two hundred and forty hours, or by restriction of freedom for a period of up to one year.
4. The acts provided for in the second and third parts of this article, committed: a) repeatedly; b) by a group of persons by prior agreement or by an organized group; c) on a large scale or causing major damage; d) by a person using his official position - shall be punished with imprisonment for a term of two to five years, with or without confiscation of property.
Notes.
1. The acts provided for in Articles 184, 184-1 of this Code are recognized as causing significant damage or committed in a significant amount if the amount of damage or the value of rights to use intellectual property or the cost of copies of copyright objects and (or) related rights or goods, containing inventions, utility models, industrial designs, selection achievements or topologies of integrated circuits, are a hundred times higher than the monthly calculated indicator established by the legislation the Republic of Kazakhstan at the time of the crime.
2. The acts provided for in Articles 184, 184-1 of this Code shall be recognized as causing major damage or committed on a large scale if the amount of damage or the value of rights to use intellectual property or the cost of copies of copyright objects and (or) related rights or goods, containing inventions, utility models, industrial designs, selection achievements or topologies of integrated circuits, five hundred times higher than the monthly calculated indicator established by the legislation of the Republic of iki Kazakhstan at the time of the crime.
For ease of comparison, I recalculated all the numbers in dollars (so that no one was hurt). Slightly rounded.
So, the resulting table:
Table text (just in case)
| Russia | Ukraine | Kazakhstan | |
| USD exchange rate | 32,6487 | 7.993 | 153.88 |
| The size of the indicator (NMDG, MCI) | 573.5 | 1731 | |
| The minimum amount of damage to become a felon | from 100,000 rubles | from 20 NMDG | from 100 MCI |
| from 3 000 USD | from 1 400 USD | from 1 100 USD | |
| Punishment | is punished with a fine of up to 200,000 rubles, or in the amount of the salary or other income of the convicted person for a period of up to 18 months, with compulsory work for up to 480 hours, or correctional labor for up to 2 years, or forced labor for up to 2 years, or imprisonment for the same term | be punished with a fine of 200 to 1 000 NMDG abo with robots on rows up to 2 rokv, aboded to the will on that row itself | is punished with a fine in the amount of from 500 to 700 MCI, either by engaging in public works for a period of from 180 to 240 hours, or by restriction of freedom for up to 1 year |
| fine up to 6,000 USD / compulsory work up to 480 hours / correctional labor up to 2 years / forced labor up to 2 years / imprisonment up to 2 years | fine of 14,000-72,000 USD / correctional labor up to 2 years / imprisonment up to 2 years | fine of 5,500 USD to 8,000 USD / public works 180-240 hours / imprisonment up to 1 year | |
| The amount of damage to obtain the maximum penalty | from 1 000 000 rubles | from 1 000 NMDG | from 500 MCI |
| from 30 000 USD | from 72 000 USD | from 5 500 USD | |
| Punishment | shall be punished by forced labor for up to 5 years or imprisonment for up to 6 years with a fine of up to 500,000 rubles or in the amount of the salary or other income of the convicted person for the period up to 3 years or without | be punished with a fine of 2,000 to 3,000 NMDG above after the willed on lines of 3 to 6 rok | is punished by imprisonment for the term of 2-5 years with confiscation of property or without it |
| forced labor up to 5 years / imprisonment up to 6 years + (possibly) a fine of up to 15,000 USD | fine 144 000-215 000 USD / imprisonment 3-6 years | imprisonment 2-5 years + (possible) confiscation |
findings
In Ukraine and Kazakhstan, getting a criminal case is about the same in complexity - you need to install pirated software for a little more than $ 1,000 (this is 5-7 "Windows 7 Pro"). In Russia - twice as difficult. In this case, if the stars do not stand up well, then you can immediately get a deadline.
But with the maximum punishment all have everything in different ways.
In Russia and Ukraine, if you are lucky, even in the case of damage on a large scale, you can remain at large. In Ukraine, in general, you can only get off with a fine (although the fine, I must say, is not the smallest). But in Kazakhstan, not only is it enough to cause damage at only $ 5,500 (this is one fully configured server from Microsoft), you also have to sit anyway.
The findings show that although all three states have a lot in common, they all relate to this crime differently: someone prefers to penalize more strongly, and someone immediately imprisons.
NMDG value
When discussing the article, some doubts arose about the value of NMDG (the non-taxable minimum income of citizens) in Ukraine. There are several options:
- the value adopted in the table is correct, that is, NMDG = 573.5 (this is for 2013, in 2014 - 609);
- to classify the damage caused, it is necessary to use the value of NMDG in 573.5, and to calculate the amount of fines - 17;
- the correct value is NMDG - 17.
Such discrepancies cause vagueness of the formulation:
Tax Code of Ukraine, Section XX, subsection 1, paragraph 5.
If the norms of other laws contain references to the non-taxable minimum incomes of citizens, then for the purpose of their application, an amount of 17 hryvnias is used, except for administrative and criminal legislation regarding the qualification of crimes or offenses, for which the amount of the non-taxable minimum is set at the level of tax social benefits defined subparagraph 169.1.1 of paragraph 169.1 of Article 169 of Section IV of this Code for the relevant year.
Information on the Internet is also a difference: they say that it is necessary to use the value 573.5 , and on the website of the SAI they use the value 17 .
Unfortunately, we could not find any references to court verdicts, by which one could unambiguously understand what meaning the judges use. Therefore, in the table I will leave the value 573.5 only because the resulting figures obtained with this value of the NMDG look more logical in comparison with the figures for other states.
')
12.25.2013 - The first version of the article.
01/01/2014 - Added a block about the meaning of NMDG.
Source: https://habr.com/ru/post/207356/
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