Changes in the Ukrainian Criminal Code Related to the Ongoing War with the Russian Federation
Changes in the Ukrainian Criminal Code Related to the Ongoing War with the Russian Federation

Summary/Abstract: Due to the Russian aggression against Ukraine, a need arose not only to adopt defensive meas-ures, but also to adjust legal provisions (including criminal law) accordingly to the realities. TheUkrainian criminal law responds dynamically to problems arising out in a society forced to live ina completely new reality, a wartime reality. At the same time, since developments occur quickly, thereare inaccuracies and defects in legislation, as identified in the paper. The article seeks to present andanalyse the changes introduced both in the general part of the Ukrainian Criminal Code (mainly theissue of so-called combat immunity), and in the special part thereof where new types of crime weredefined (e.g. collaboration with the enemy – Article 111¹, denying the fact of the aggression againstUkraine – part 1 of Article 111¹), statutory criteria of some of those existing have been modified (e.g.Article 361) and sanctions for certain crimes have been aggravated, if the crimes are committed duringmartial law (e.g. part 2 of Article 111). As a rule, the authors consider the changes correct, and anyimperfections (or interpretive doubts) seem to result mostly from the complexity of the situation andthe need to carry out a quick legislative process.

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