docs/research/history-ukraine-gap-2026-10-25.md +115 −0
@@ -0,0 +1,115 @@
+# Ukraine: personal-possession offences in 1974 and 1987
+
+Reviewed 25 October 2026. One new history entry, one rewritten entry and two new
+articles, with inline citations and controlled tags. No country profile, current
+score or existing `before` vector changed.
+
+## Primary text actually read
+
+Read the Ukrainian SSR Presidium's original 17 June 1974 decree, no. 2718-VIII,
+in ZakonOnline's **17 June 1974 edition**:
+<https://zakononline.ua/documents/show/169679___169679>.
+The reproduction credits the official Rada portal and gives VVR 1974, no. 27,
+item 222. Read the preamble, all inserted criminal offences in Part 1(1), the
+criminal-code amendments, health-law and compulsory-treatment amendments in
+Parts 3–4, administrative-authority amendments in Part 5 and signature block.
+The 1985 edition was initially located, then its original-edition link was
+followed and checked. The later edition was not used to backdate amended rules.
+
+The official Rada catalogue confirmed identity and issue date at
+<https://zakon.rada.gov.ua/go/2718-08>, but its body returned a JavaScript
+formatting placeholder. Historical-edition and print URLs failed to load.
+Direct curl downloads of ZakonOnline returned a challenge page, retained under
+`tmp/history-ukraine-gap-2026-10-25/`; those files are **not** the legal text.
+Full statutory text was read through the web tool's indexed HTML view instead.
+
+Read the **original 21 August 1987 edition** of decree 4452-XI:
+<https://zakononline.ua/documents/show/157837___157837>.
+Relevant parts: preamble; Part I, inserted articles 229-8, 229-9 and 229-10,
+and rewritten article 229-3; Part VI, articles 44 and 106-2; Part X, health-law
+article 59-1; signature block. This supersedes the old entry's citation to the
+1993 edition, which had repealed Part X. The original edition permits the
+article to describe the ten-day compulsory examination rule accurately.
+
+Both event dates identify **issue**, expressly stated in the public descriptions.
+Neither text supplies a separate commencement clause; publication days were not
+verified. Do not replace these with the Union decree dates (25 April 1974 and
+22 June 1987) or assert immediate commencement.
+
+## What the texts support
+
+- 1974 personal making, acquisition, storage, transport or sending without
+ intent to sell: up to three years' imprisonment or one year of corrective
+ labour. Repetition or specified prior drug crimes: up to five years.
+- 1974 supply: up to ten years, possible confiscation; aggravated cases six
+ to fifteen years with confiscation. This is more precise than applying a
+ generic Soviet trafficking range to the Ukrainian code.
+- 1974 cultivation: named Indian, southern Manchurian and southern Chuy hemp,
+ and other prohibited drug crops; up to five years, aggravated three to eight.
+ This is not evidence that all industrial hemp was prohibited.
+- 1974 compulsory treatment: diagnosed people avoiding treatment could be sent
+ to treatment-and-labour institutions for six months to two years. The decree
+ amended a 1969 law; it did not invent compulsory treatment from nothing.
+- 1987 small possession/use: an administrative first tier (up to 100 roubles,
+ one to two months' corrective labour with 20% wage deduction, or exceptionally
+ up to fifteen days' arrest); repetition within a year after an administrative
+ penalty could become a crime (up to two years, corrective labour or fine).
+- 1987 growing: named prohibited varieties directly criminal, other hemp
+ warning/fine before repeated offending became criminal. No modern gram or
+ plant limit is projected into this text.
+- Voluntary surrender and medical-help exemptions have offence-specific scopes.
+ The article does not claim that surrender excused every supply offence or
+ that mere recreational use qualified a person for every treatment exemption.
+- The original 1987 health amendment authorised up to ten days' compulsory
+ hospitalisation for an examination when a person suspected of non-medical
+ use refused examination. It is separate from imprisonment for an offence.
+
+No arrest counts, sentence frequencies or cannabis-only enforcement estimates
+were found in these texts. The articles state statutory exposure, not actual
+numbers imprisoned.
+
+## Unresolved historical scoring and profile audit
+
+Ukraine's inherited chain has only 1934 (100→21.5) and 2024 (21.5→22.5),
+displayed as 100→22 and 22→23. It therefore
+attributes the modern administrative-possession and small-grow position to the
+1934 cultivation restriction. Inserting a modern-score delta in 1974 would
+compound that error: it would imply that the 1974 prison law produced today's
+administrative regime or that the 2024 medical law removed Soviet criminal
+liability. Neither claim is supported.
+
+The two entries have explicit `unscored` reconstruction reasons. These are real
+legal changes whose score allocation remains unfinished, not a finding that the
+laws had no effect. Obtain the original pre-1974 criminal code and the original
+1984 administrative code, then trace 1991/1995 personal-use amendments, the 2001
+code, the 2009 grow threshold and subsequent sentencing amendments together.
+The modern profile and both existing `before` vectors are preserved pending
+that work; this pass does not certify the old 1934 allocation.
+
+A current-law search also surfaced discrepancies needing a separate joined
+profile/timeline audit: Article 44's fine may now be 50–100 non-taxable minimums
+rather than the profile's 25–50; ordinary Article 309 penalties have changed;
+the profile's public-use wording should be compared with Article 316's defined
+criminal public/group offence. EUDA's older Ukraine overview and current
+penalty table cover different versions. These search leads have **not** been
+promoted to checked current-law facts or copied into the articles.
+
+The first headline deliberately says possession is punishable by prison without
+claiming that every prior form of possession was lawful. The old code and
+republic-specific earlier amendments still need checking before a first-ever
+criminalisation claim can be made.
+
+## Validation and commit scope
+
+The full production build passed with **4,085 pages**. Both articles satisfy the
+350–500-word limit (405 and 436 words), use three sections and have valid inline
+references and working history/profile links. Rendered citation anchors and
+controlled tag pages were checked, as were history JSON/CSV and Ukraine's API.
+No citation syntax leaks into those exports. Current exact score **22.5**,
+displayed **23**, is preserved; all pre-existing `before` vectors and the entire
+country profile are byte-for-byte unchanged. `git diff --check` passed.
+
+The batch contains only `changes.yaml`, two articles and this research memo.
+Commit isolation preserves the unrelated staged `source-archive.json` work.
+The owned temporary build is removed after checks; research logs and helpers
+are retained locally.