Article 189 CCU: Extortion (Demanding Money for "Permits" and Freedom)

Legal Qualification of Demanding Property under Threat of Violence or Destruction

Article 189 of the Criminal Code of Ukraine (CCU) establishes criminal liability for demanding the transfer of someone else's property or rights to property, or requiring actions of a property-related nature under threat of violence against the victim or their relatives, damage or destruction of their property, as well as under threat of disclosure of information that the victim or their relatives wish to keep confidential.

Key Provisions of Article 189 (CCU)

The article contains four parts, differentiating liability by severity and amount of damage:

Part 1 (Basic Form): Extortion (Penalty: Imprisonment up to 5 years).
Part 2 (Qualified Form): Repeated, by prior conspiracy of a group of persons, or by an official using their position, or with threat of serious bodily harm (Penalty: Imprisonment from 3 to 7 years).
Part 3 (Serious Form): Committed by an organized group, or combined with infliction of serious bodily harm (Penalty: Imprisonment from 7 to 12 years with confiscation of property).
Part 4 (Especially Serious Form): Committed under martial or emergency law, or causing property damage in particularly large amounts (Penalty: Imprisonment from 10 to 15 years with confiscation of property).

Extortion under Occupation (Part 4): Actions by occupying military and administrative authorities demanding money or property from Ukrainian citizens under threat of imprisonment, torture, deportation, or denial of access to basic needs are qualified as especially serious extortion (Part 4, Article 189 CCU), committed under martial law.

Evidence of Violation (Racketeering and Corruption)

Violations qualified under Article 189 CCU include:

Payment for Freedom: Demanding money (ransom) for the release of civilians from illegal detention, "filtration camps," or secret prisons.
"Fees" for Movement: Imposing illegal "fees" for passing through checkpoints, obtaining "permits" for travel or exit from occupied territories.
Extortion from Businesses: Forcing owners of shops, cafes, and other enterprises to pay tribute or "taxes" to occupation administrations under threat of confiscation or closure.
Payment for "Certificates": Demanding money for issuing illegal documents necessary to access medical care, pensions, or other basic services.

Examples from Practice

In Mariupol and Kherson regions, occupation administrations demanded money for civilians to move through checkpoints.
In Luhansk and Donetsk regions, citizens were forced to pay a "tax" on business operations under threat of business closure or property confiscation.
On temporarily occupied territories, cases of ransom payments for release from "filtration camps" were documented, with relatives paying large sums to free detainees.

Relation to Other Articles

Extortion committed during armed conflict is part of broader crimes:

Article 438 CCU (Violation of the Laws and Customs of War) — as looting, robbery, or war crime committed under the authority of occupying forces.
Article 111-1 CCU (Collaboration Activities) — for Ukrainian citizens participating in the occupiers' extortion system.

Legal Consequences

Application of the most severe form of Article 189 CCU (Part 4) allows for imprisonment of up to 15 years. This emphasizes that extortion combined with threats to life and liberty under martial law is one of the most serious crimes against civilians.

Article 189. Extortion