Humanization of criminal liability in the conditions of russian aggression against Ukraine

Abstract

The article considers the issue of the content of the concept of humanism when resolving the issue of criminal liability of persons who committed criminal offenses in the conditions of Russian aggression against Ukraine. It is proposed to resolve the issue of applying the principle of humanism taking into account the differentiation of persons found guilty of crimes related to Russian aggression against Ukraine, distinguishing between citizens of Ukraine and stateless persons permanently residing in the territory of Ukraine and citizens of the aggressor country, and expresses a position on the possibility of applying the principle of humanism to each of the specified categories when resolving the issue of criminal liability. In this case, the degree of social harmfulness of the committed crime is taken as the basis. The position is also expressed regarding the application of the principle of humanism to citizens of Ukraine who committed crimes committed without the intention to undermine or weaken Ukraine’s defense capabilities, but which somehow undermine it.