CRIMINAL LIABILITY FOR THE USE OF FORGED COVID-19 VACCINATION CERTIFICATES, PCR TESTS

Due to the significant spread of acute respiratory disease COVID-19 by Ukraine, caused by the coronavirus SARS-CoV-2, as well as in the fight against the pandemic caused by acute respiratory disease COVID-19, the state has enacted a number of regulations aimed at overcoming the pandemic, and on the other hand significantly reduce the rights and freedoms of man and citizen.

However, such measures are justified, as they are aimed at protecting the health and lives of the population of Ukraine, as the statistics of infection and death of the population from COVID-19 caused by the coronavirus SARS-CoV-2 leaves much to be desired.

In the fight against the pandemic caused by the acute respiratory disease COVID-19, the Cabinet of Ministers of Ukraine on October 20, 2021 adopted Resolution №1096, which amended the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2020 №1236 "On quarantine and restrictive anti-epidemic measures to prevent the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 in Ukraine ".

The mentioned resolution of the Cabinet of Ministers №1096 of October 20, 2021 imposed restrictions on the use of public transport, visits to shopping malls, bodies and institutions of state power and local self-government, etc.

However, the restrictions do not apply to persons with whom he has, in particular:

• negative test result for COVID-19, conducted in no more than 72 hours;
• international, domestic certificate or foreign certificate confirming vaccination against COVID-19 with one dose of two-dose vaccine (so-called yellow certificate);
• international, domestic certificate or foreign certificate confirming vaccination against COVID-19 with one dose of single-dose vaccine or two doses of two-dose vaccine (so-called green certificate);
• a document confirming the person's recovery from the specified disease;
• etc.

The validity of the above documents can be confirmed by presenting a paper medium (document), as well as through the Unified state web portal of electronic services, including the application Action.

The need for a person to have one of the above documents for all the benefits of civilization, as well as the unwillingness of the population to be vaccinated against COVID-19 led to mass forgery of documents, the availability of which, for example, allows public transport, shopping malls and more.

Certificates confirming vaccination against COVID-19 with one dose of two-dose vaccine (so-called yellow certificate) and one dose of single-dose vaccine or two doses of two-dose vaccine (so-called green certificate) are most often forged.

There are less cases of forgery of a document confirming a person's recovery and negative test results for COVID-19.

Persons using the above forged documents should be aware that the current Criminal Code of Ukraine provides for liability not only for forgery of these documents, which is provided for in Part 1 of Article 358 of the Criminal Code of Ukraine, and imposes a fine of up to 17,000 hryvnias or arrest. up to six months, or restriction of liberty for up to two years, but also for the use of a forged document.

Thus, for the use, and also under the use of presentation of a certificate of vaccination from COVID-19, for example, for the use of public transport, criminal liability is provided, established by Part 4 of Article 358 of the Criminal Code of Ukraine. This provision of the Criminal Code provides for punishment for the use of a knowingly forged certificate confirming vaccination against COVID-19 with one dose of two-dose vaccine (yellow certificate) and one dose of single-dose vaccine or two doses of two-dose vaccine (single-certified COD) 19 in the form of a fine of up to 850 hryvnias, or arrest for up to six months, or restriction of liberty for up to two years.

Judicial practice of prosecuting a person for the use of forged certificates confirming vaccination against COVID-19 with one dose of two-dose vaccine (yellow certificates) and one dose of single-dose vaccine or two doses of two-dose vaccine (green certificates, documents, certificates, recovery, as well as negative test results for COVID-19, is usually on the side of law enforcement, because using a forged document, a person is usually aware of and knows about the illegal origin of such a document.

However, every criminal case needs to be properly investigated and tried so that an innocent person is not prosecuted and punished.

If you are accused of using a forged COVID-19 vaccination certificate or other document, the lawyers of Prikhodko & Partners Law Firm will provide you with proper legal protection.