Criminal law policy in the conditions of aggression of the Russian Federation


  • Mykola Karpenko
  • Ivan Vasyltsiun


criminal-legal policy, Criminal Code of Ukraine, criminal responsibility, martial law.


States whose regions have experienced (or continue to experience) the occupation regime are inevitably faced with the complexity of the interaction between the local population and the invaders, including cases of assistance to the latter or cooperation in their actions in the occupied territories [4, p. 3]. Also, in periods of armed conflicts, law enforcement structures are often unable to adequately respond to criminal acts, which causes some individuals to feel that they are not subject to jurisdiction. This, in turn, can lead to the commission of crimes that use the conditions of martial law.
This became especially relevant after February 24, 2022, when the military actions against Ukraine, launched by the russian federation, radically changed the lives of Ukrainians and the country as a whole, causing changes felt not only on the territory of Ukraine, but also beyond its borders. taking into account that the international armed conflict (war) has its roots since 2014. The question arose about how the Criminal Code of Ukraine will be adapted to the rapidly changing circumstances that lead to new challenges and threats. In such conditions, there is a stoppage or acceleration of social processes, the emergence of new challenges that need to be answered. Therefore, attention is focused on the criminal law policy, which is a key element of the state strategy to combat crime, forming strategic and tactical approaches to combating it through criminal law means [3, p. 102].
It turned out that a revision of certain criminal law restrictions is required for their addition or clarification. If earlier legislative acts of Ukraine served as the basis for criminal law policy through general norms, now there are specialized laws, such as «On ensuring the participation of civilians in the defense of Ukraine», adopted on March 3, 2022.
Changes to the Criminal Code of Ukraine were expected, but some of them raise concerns about their possible future use, and the technical aspects of the entry into force of these changes require detailed analysis.