NOVELIZATION OF THE CRIMINAL CODE OF UKRAINE DURING THE 2022 RUSSIAN INVASION

Abstract

The article is devoted to an essential and highly relevant topic – the amendment of the Criminal Code of Ukraine during the war. The authors emphasize that the state of Ukraine and its population faced a terrible challenge to state sovereignty, territorial integrity, and independence due to the Russian Federation’s attack. The introduction of martial law and the immediate opening of hostilities in large areas of Ukraine initiated new social relations, which urgently needed legal settlement and consolidation. The author’s position is that despite the vast range of tasks that required a quick solution, the Verkhovna Rada of Ukraine was able to respond quickly to new social realities and amended the Criminal Code of Ukraine, introducing criminal liability for collaboration and identifying circumstances that exclude illegal illegality of the act and provide combat immunity under martial law. The new provisions of the criminal law correspond to the principles of the rule of law, legality, and legal certainty. In addition, they still need some clarifications and acquisitions, particularly regarding the combat immunity of military medics. As for collaborative activities, according to the authors, this act is a specific manifestation of treason, which in connection with the situation and time of its implementation.

Keywords

• war
• collaboration
• military immunity
• criminal law
• novelization