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

Abstract

Due to the Russian aggression against Ukraine, a need arose not only to adopt defensive measures, but also to adjust legal provisions (including criminal law) accordingly to the realities. The Ukrainian criminal law responds dynamically to problems arising out in a society forced to live in a completely new reality, a wartime reality. At the same time, since developments occur quickly, there are inaccuracies and defects in legislation, as identified in the paper. The article seeks to present and analyse the changes introduced both in the general part of the Ukrainian Criminal Code (mainly the issue of so-called combat immunity), and in the special part thereof where new types of crime were defined (e.g. collaboration with the enemy – Article 111¹, denying the fact of the aggression against Ukraine – 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 during martial law (e.g. part 2 of Article 111). As a rule, the authors consider the changes correct, and any imperfections (or interpretive doubts) seem to result mostly from the complexity of the situation and the need to carry out a quick legislative process.