BILL No. 2689
COMPARATIVE TABLE
to the Draft Law of Ukraine “On Amendments to Certain Legislative Acts
on the Enforcement of International Criminal and Humanitarian Law”
(On Amendments to the Criminal and Criminal Procedure Codes of Ukraine
concerning the implementation of the norms of International Criminal and Humanitarian Law)
Content of the provision (norm) of the current act of legislation

Content of the relevant provision (norm) of the draft law(for Second reading)Criminal Code of Ukraine(Verkhovna Rada of Ukraine (VRU), 2001, No. 25-26, p. 131)
Article 8. The Law on Criminal Liability for Crimes Committed by
Article 8. The Law on Criminal Liability for Crimes Committed byForeigners or Stateless Persons outside Ukraine
Foreigners or Stateless Persons outside Ukraine
1. Foreigners or stateless persons who do not permanently reside in
1. Foreigners or stateless persons who do not permanently reside in
Ukraine who have committed crimes abroad, shall be held liable in Ukraine Ukraine who have committed crimes abroad, shall be held liable in Ukraine
under this Code in the cases provided for in international treaties or if they under this Code in the cases provided for in international treaties or if they
have committed grave or particularly grave crimes against rights and have committed grave or particularly grave crimes against rights and freedoms
freedoms of the citizens of Ukraine or the interests of Ukraine under this of the citizens of Ukraine or the interests of Ukraine under this Code.
Code.
2. Foreigners or stateless persons who do not permanently reside in
AbsentUkraine who have committed any of the crimes set out in Articles 437-4385, 442 and 442-1 of this Code outside of Ukraine shall be held liable in
Ukraine under this Code, regardless of the cases (conditions) provided
for in part one of this Article, if such persons are in the territory of
Ukraine, but cannot be extradited (transferred) to a foreign state or aninternational judicial institution for criminal prosecution or such
extradition (transfer) has been refused.
3. Foreigners or stateless persons who do not permanently reside in
2. Foreigners or stateless persons who do not permanently reside in Ukraine shall also be held liable in Ukraine under this Code if they have
Ukraine shall also be held liable in Ukraine under this Code if they have committed, in complicity with officials who are citizens of Ukraine, any of thecommitted, in complicity with officials who are citizens of Ukraine, any of crimes set out in Articles 368, 368-3, 368-4, 369 and 369-2 of this Code, or if

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the crimes set out in Articles 368, 368-3, 368-4, 369 and 369-2 of this Code, or they offered, promised, gave unlawful benefit to such officers, or accepted theif they offered, promised, gave unlawful benefit to such officers, or accepted offer, promise of such benefit or received such benefit.
the offer, promise of such benefit or received such benefit.
AbsentSection VI-1
FEATURES OF CRIMINAL LIABILITY OF MILITARYCOMMANDERS, OTHER PERSONS ACTING AS MILITARYCOMMANDERS AND OTHER SUPERIORS FOR CERTAIN CRIMESOF SUBORDINATESArticle 31-1. Criminal liability of military commanders, otherpersons acting as military commanders and other superiors
1. A military commander or another person who actually acts as amilitary commander shall be criminally responsible for any of the crimes
set out in Articles 437-438-5, 442 and 442-1 of this Code committed by asubordinate who was at the time of committing a crime under his actualcommand and control, or, as the case may be, under his actual authority
and control, as a result of his failure to exercise proper control over sucha person, provided that the military commander or other person actuallyacting as a military commander knew or consciously assumed, or should
and could have known that the said subordinate person had committed orintended to commit such a crime, but did not take the measures which
they should and could have taken within the limits of their powers toprevent or stop the commission of the crime or to report the crime to thecompetent authority.
2. A superior whose legal status is not provided for in paragraph oneof this article shall be criminally responsible for any crime set out in
Articles 437-438-5, 442 and 442-1 of this Code, if such crime concerned
activities that fall under his actual responsibility and control and wascommitted by a subordinate who was at the time of committing a crime
under his or her actual authority and control, as a result of his failure to
exercise proper control over such a person, if such a superior knew orconsciously assumed that the subordinate person was committing or
intended to commit such a crime; and did not take the measures which he3should and could have taken within the limits of his powers to prevent or
stop the commission of the crime or to report the crime to the competentauthority.
3. A military commander or another person who actually acts as amilitary commander or another superior shall be criminally responsible
for the relevant part of this article and that article (part of the article) of
the Special Part of this Code that provides for a crime committed by theirsubordinate.
Note. 1. A military commander in this article shall be understood tomean a person who, under appropriate legal grounds, is authorized toexercise command and control over one, several or many subordinates
who take part in hostilities and belong to the armed forces of the State.
2. Another person who actually acts as a military commander in thisarticle shall be understood to mean a person under the authority andcontrol of which, in connection with the conduct of hostilities, there areone, several, or many subordinates who take part in hostilities and do notbelong to the armed forces of the state.
3. The supervisor in this article shall be understood to mean a person
not specified in paragraphs 1 and 2 of this note to this Article, who is
holding a position or is in a position that gives authority (power) andcontrol over one, several or many subordinates.
Article 44. Legal Grounds and Procedure for Exemption from Criminal
Article 44. Legal Grounds and Procedure for Exemption from Criminal
Liability
Liability
1. A person who committed a crime shall be exempted from criminal
1. A person who committed a crime shall be exempted from criminal
liability in the cases provided for in this Code.
liability in the cases provided for in this Code.
2. Exemption from criminal liability in the cases provided for in this
2. Exemption from criminal liability in the cases provided for in thisCode shall be carried out exclusively by a court. The procedure for exemption Code shall be carried out exclusively by a court. The procedure for exemption
from criminal liability shall be established by law.
from criminal liability shall be established by law.
3. Absent
3. Exemption from criminal liability shall not apply in cases ofcrimes against peace, security of humanity and international legal order,
as provided for in Articles 437-438-5, 442 and 442-1 of this Code.

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Article 49. Exemption from Criminal Liability with regards to
Article 49. Exemption from Criminal Liability with regards toExpiration of Limitation Period
Expiration of Limitation Period…
…
5. The limitation period shall not apply in the case of committing
5. The limitation period shall not apply in the case of committing
crimes against the national security bases of Ukraine provided for in Articles crimes against the national security bases of Ukraine provided for in
109-114-1, against the peace and security of mankind provided for in Articles Articles 109-114-1, 439 of this Code.
437-439 and Article 442-1 of this Code.
Article 68. Sentencing for an unfinished crime and for the crime of
Article 68. Sentencing for an unfinished crime and for the crime ofcomplicity
complicity…
…
4. Life imprisonment for the purpose of committing a crime andattempting to commit a crime shall not apply, except in cases of committing
crimes against the national security bases of Ukraine provided for in Articles
109-114-1 of this Code, against peace, security of humanity and international
legal order provided for in Articles 437-438, 438-2 – 438-4, 439, 442, 442-1
and 443 of this code.
Article 69. The imposition of a milder sentence than provided by law

Article 69. The imposition of a milder sentence than provided by law

1. In the presence of several circumstances that mitigate the
1. In the presence of several circumstances that mitigate the punishment
punishment and significantly reduce the severity of the crime, taking into and significantly reduce the severity of the crime, taking into account theaccount the perpetrator, the court, motivating its decision, may, except in perpetrator, the court, motivating its decision, may, except in cases ofcases of conviction for a corruption crimes, impose a basic punishment below conviction for a corruption crimes or crimes against peace, security ofthe minimum limit set in the sanction of the article (sanctions of part of the humanity and international legal order, provided for in Articles 437 - 438article) of the Special Part of this Code, or move to another, milder type of 5, 442, 442-1 of this Code, impose a basic punishment below the minimum
basic punishment, not specified in the sanction of the article (sanction of part limit set in the sanction of the article (sanctions of part of the article) of theof the article) of the Special Part of this Code for this crime. In this case, the Special Part of this Code, or move to another, milder type of basic punishment,
court has no right to impose a penalty below the minimum limit set for this not specified in the sanction of the article (sanction of part of the article) of thetype of punishment in the General Part of this Code. For the commission of Special Part of this Code for this crime. In this case, the court has no right toa crime punishable by a basic punishment in the form of a fine of more than impose a penalty below the minimum limit set for this type of punishment inthree thousand non-taxable minimum incomes, the court on the grounds the General Part of this Code. For the commission of a crime punishable by a

5provided for in this part may impose a basic punishment in the form of a fine basic punishment in the form of a fine of more than three thousand non-taxable
not exceeding a quarter lower than the minimum limit, established in the minimum incomes, the court on the grounds provided for in this part may
sanction of the article (sanctions of the part of the article) in the Special Part impose a basic punishment in the form of a fine not exceeding a quarter lowerof this Code.
than the minimum limit, established in the sanction of the article (sanctions of…
the part of the article) in the Special Part of this Code.
…
Article 74. Exemption from punishment and serving the sentence
Article 74. Exemption from punishment and serving the sentence…
…
5. A person may also be exempted from punishment by a court order
5. A person may also be exempted from punishment by a court order onon the grounds provided for in Article 49 of this Code.
the grounds provided for in Article 49 of this Code.
6. Absent
6. Exemption from punishment and its serving, except for exemption
under Parts 2 and 3 of Article 74, Articles 81 and 84 of this Code, shall not
apply in cases of crimes against peace, security of humanity andinternational legal order, provided for in Articles 437 - 438-5, 442, 442-1
of this Code.
Article 80. Exemption from serving a sentence in connection with the
Article 80. Exemption from serving a sentence in connection with theexpiration of the limitation period of execution of the indictment
expiration of the limitation period of execution of the indictment…
…
6. The statute of limitation shall not apply in the case of convictions for6. The statute of limitations shall not apply in the case of conviction
crimes against the peace and security of humanity provided for in Articles for crimes, provided for in Article 439 of this Code.
437-439 and part one of Article 442 of this Code.
Article 432. Looting
ExcludeTheft of the things of the killed or wounded in the battlefield (looting)shall be punishable by imprisonment for a term of three to ten years.
Article 433. Violence against the population in the area of hostilities
Exclude1. Violence, unlawful destruction of property, and unlawful seizure of

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property under the pretext of military necessity, committed against the
population in the area of hostilities, shall be punishable by imprisonment for a term of three to eight years.
2. Robbery committed against the population in the area of hostilities shall be punishable by imprisonment for a term of seven to ten years.
Article 434. Poor treatment of prisoners of war

Article 434. Careless performance of duties in respect of sick andinjured persons

Poor treatment of prisoners of war, which has occurred repeatedly, or
was connected with special cruelty, or was directed against the sick andCareless performance of duties in respect of the sick and injured
injured, as well as careless performance of duties in respect of sick and persons by those in charge for their treatment and care, in the absence ofwounded persons by those in charge of their treatment and care, in the signs of a more serious crime absence of signs of a more serious crime shall be punishable by imprisonment for a term of up to three years.
shall be punishable by imprisonment for a term of up to three years'
imprisonment.
Article 435. Illegal use and abuse of the symbols of the Red Cross, Red
Crescent, Red Crystal

Exclude1. Wearing in the area of hostilities the symbols of the Red Cross, Red
Crescent, Red Crystal by persons who are not entitled to it, as well as abuse
during a special period other than martial law, of flags or signs of the Red
Cross, Red Crescent, Red Crystal or painting assigned to sanitary vehicles, shall be punishable by restriction of liberty for a term up to two years.
2. Wearing in the area of hostilities the symbols of the Red Cross, Red
Crescent, Red Crystal by persons who are not entitled to it, as well as abusein the state of martial law of the flags or signs of the Red Cross, Red Crescent,
Red Crystal or painting assigned to sanitary vehicles, shall be punishable by imprisonment for a term of up to two year.
Article 436. Propaganda of war
Public calls for an aggressive war or an armed conflict, as well as the

Article 436. Public calls for an act of aggression or the unleashing anarmed conflict of a non-international character
Public calls for an act of aggression or the unleashing an armed

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production of materials calling for such acts to be distributed or disseminated conflict of a non-international nature, as well as the production ofmaterials calling for such acts for the purpose of their dissemination orshall be punishable by community service for a term of up to two years, dissemination of such materials –or arrest for a term of up to six months, or imprisonment for a term up to
three years.
shall be punishable by arrest for a term of up to six months or
imprisonment for a term of up to three years.
Note 1. An act of aggression in this Article and Article 437 of thisCode means the use of the armed forces by a state against the sovereignty,
territorial integrity or political independence of another state, or in any
other way incompatible with the Charter of the United Nations, inparticular any of the following acts, irrespective of the declaration of war:1) the invasion or attack by a state's armed forces into the territoryof another state, or any military occupation, whatever its temporary
nature, resulting from such an invasion or attack, or any annexation by
force of the territory of another state or part thereof;2) bombardment by armed forces of a state in the territory of
another state or use of any weapon by a state against the territory of
another state;3) blockade of ports or shores of a state by the armed forces ofanother state;4) attack by a state's armed forces on land, sea or air forces or naval
and air fleets of another state;5) the use of the armed forces of one state that are located in the
territory of another state in agreement with the receiving state, in violationof the terms of the treaty, or any extension of their stay in such territory
after the termination of the treaty;6) the action of a state which allows its territory which it has madeavailable to another state to be used by that other state to commit an actof aggression against a third state;7) the sending by the state or on behalf of the state of armed groups,
irregular forces or mercenaries carrying out acts of use of armed force
against another state of such a serious nature as to make them equivalent
to the acts listed above, or the state's significant involvement therein.

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2. Articles 436, 438-438-5 of this Code refer to armed conflicts of a
non-international nature, meaning prolonged armed clashes within the
territory of a state between government forces (including armed forces orother state military formations) and one or more organized armed
formations (armed groups), exercising control over a part of the territoryof the state which enables them to conduct continuous and coordinatedhostilities, or between such formations (groups).
Non-international armed conflict does not include cases of public
nuisance and situations of internal tension (for example, mass riots,
terrorist acts, individual acts of violence, etc.).
Article 437. Planning, preparation, starting and waging of anaggressive war
1. The planning, preparation or starting of an aggressive war or a
military conflict, as well as participation in a conspiracy to commit suchacts, shall be punishable by imprisonment for a term of seven to twelve
years.
2. Waging an aggressive war or aggressive hostilities
shall be punishable by imprisonment for a term of ten to fifteen years.

Article 438. Violation of rules of the warfare

Article 437. Crime of aggression
1. Planning, preparing, initiating or executing by a person capableof effectively controlling or directing the political or military activities ofa state, an act of aggression which, by its nature, seriousness and scale, isa gross violation of the Charter of the United Nations, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
Note. For the purposes of Articles 437 – 438-5, 442 and 442-1 of thisCode, the provisions of international treaties approved by the Verkhovna
Rada of Ukraine and customary international law in force at the time therespective act was committed, as well as the practice of applying theseprovisions by international judicial institutions (tribunals) shall be taken
into account.
Article 438. War crimes against a person

1. Cruel treatment of prisoners of war or civilians, deportation of
1. Deliberate commitment in connection with an international
civilian population for forced labor, pillage of national treasures on occupied armed conflict:territories, use of methods of the warfare prohibited by international
1) facilitating the relocation or forcible transfer of part of the
instruments, or any other violations of rules of the warfare recognized by civilian population of the occupying state to the occupied territory or all
international instruments consented to by binding by the Verkhovna Rada or part of the occupied territory, both within and outside that territory;9(Parliament) of Ukraine, and also giving an order to commit any such actions,
2) forcing a prisoner of war or other person under the protection ofinternational humanitarian law to serve in the armed forces of theshall be punishable by imprisonment for a term of eight to twelve years. opposite side of the conflict;
2. The same acts accompanied with an intended murder, 3) forcing citizens of the opposite side of the conflict to engage inshall be punishable by imprisonment for a term of ten to fifteen years, hostilities against their own country, even if they were serving in theor life imprisonment.
armed forces of such opposite party before the armed conflict began;4) unreasonable delay in repatriation of a prisoner of war or anotherperson under the protection of international humanitarian law after theend of hostilities, shall be punishable by imprisonment for a term of six to twelve
years.
2. Deliberate commission (causing) in connection with aninternational armed conflict or a non-international armed conflict withrespect to a person under the protection of international humanitarianlaw:1) deportation of population, that is, forcible and in the absence ofgrounds under international law transfer (eviction) of one or more persons
from the territory in which they are lawfully present, to the territory of
another state;2) the forcible transfer of the population, that is, forced and in theabsence of grounds provided for by international law, the transfer(eviction) of one or more persons from the territory in which they were
lawfully present to another locality within the same state;3) recruitment or involvement of persons under the age of fifteen
years in the armed forces or other state military formations, or otherentities (groups) involved in the armed conflict, as well as the use of such
persons for participation in hostilities;4) deprivation of a person under the protection of international
humanitarian law, the right to a fair and independent trial;5) acts that violate human dignity;
6) capturing or holding a person as a hostage;7) unlawful imprisonment;8) rape, sexual exploitation, forced prostitution, forced pregnancy,

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forced sterilization or any other form of sexual abuse;9) torture or other inhumane treatment dangerous to life or healthat the time of infliction, including unlawful conduct of any kind ofexperiments on a person, the use of illegal methods of treatment;10) causing moderate or severe bodily harm;11) injuring of a person referred to in subparagraph 3 of paragraph
2 of the note to this article, shall be punishable by imprisonment for a term of seven to fifteen
years.
3. Committing a premeditated murder in connection with aninternational armed conflict or a non-international armed conflict against
a person under the protection of international humanitarian law, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
Note. 1. In Articles 438-438-5 of this Code, an armed conflict of aninternational nature shall be understood to mean any conflict between two
or more states with the use of armed forces. An armed conflict of aninternational nature also takes place in all cases of partial or complete
occupation of the territory of the state, even if there is no any armed
resistance.
2. In Articles 438 and 438-2 of this Code persons protected byinternational humanitarian law shall be understood to mean:
1) in the context of an international armed conflict, any person
protected under the Geneva Conventions for the Protection of Victims of
War of 12 August 1949 and the Additional Protocol to the Geneva
Conventions of 12 August 1949 for the Protection of Victims ofInternational Armed Conflicts (Protocol I) of 8 June 1977, including thesick, injured, shipwrecked, prisoners of war, medical and religious
personnel and civilians;
2) in the context of a non-international armed conflict, any person
protected under Article 3, common for the Geneva Conventions for theProtection of Victims of War of 12 August 1949 and the Additional

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Protocol to the Geneva Conventions of 12 August 1949, that concerns theprotection of victims of non-international armed conflicts (Protocol II),
dated 8 June 1977, including sick, injured, shipwrecked, persons notdirectly involved in hostilities and are under the control of the Party to theconflict, including persons who had previously participated in hostilities
on the opposite side of the conflict;3) in the context of an international armed conflict or a noninternational armed conflict, members of the armed forces or persons
directly involved in hostilities (combatants) who have laid down their
weapons or for any other reason have more means of defense (hors decombat) and are not under the control of the opposite side of the conflict.
3. For the purposes of Articles 438-438-5 of this Code, an act shall bedeemed to have been committed in connection with an armed conflict incases where the existence of an armed conflict has significantly affected
the person's ability to commit the act he or she is charged with, or themanner in which the act was committed, or the purpose for which it wascommitted.
4. Direct transfer in this article shall be understood to mean therelocation of persons from the civilian population of the occupying Stateto the occupied territory, regardless of their consent, which is organized,
coordinated or controlled by persons exercising power or authority on
behalf of the occupying State.
Indirect transfer referred to in this article shall be understood tomean the creation by persons exercising power or authority on behalf ofthe occupying State of such living conditions as have induced or forced
persons from the civilian population of the occupying State to relocate tothe occupied territory, or persons from the occupied territory to be
relocated within and beyond that territory.
5. The deprivation of the right to a fair and proper trial in this
Article shall be understood to be a violation of the legal (procedural)guarantees provided for in Articles 84, 86, 87, 99, 103-106 of the Geneva
Convention on the Treatment of Prisoners of War of 12 August 1949,
Articles 33, 67, 71-74, 117 of the Convention for the Protection of the
Civilian Population during the War of 12 August 1949, subparagraph (d)12of Article 3, paragraph 1, common to these conventions of 12 August 1949,
Article 75 of the Additional Protocol to the Geneva Conventions of 12
August 1949 concerning the protection of my victims national armed
conflicts (Protocol I) of 8 June 1977, Article 6 of the Additional Protocol
to the Geneva Conventions of 12 August 1949 relating to the Protection ofVictims of Non-International Armed Conflicts (Protocol II), of 8 June
1977, paragraph (h) of Article 23 of Annex to the IV Convention on theLaws and Customs of the Land War and its Annex: Regulations on theLaws and Customs of the War on Land, of 18 October 1907.
6. Under Articles 438 and 442-1 of this Code, forced pregnancy
means the unlawful deprivation of liberty of any woman who has been
made pregnant by force, with a view to altering the ethnic composition of
any population or committing other violations of international
humanitarian law with a nature of war crimes or crimes against humanity.
7. Torture in this Article shall be understood as the acts provided forin Article 127 of this Code.
8. Other inhuman treatment in this article shall be understood tomean acts that caused severe physical pain or physical or moral suffering,in the absence of signs of torture.
9. An act that violates human dignity in this article should beunderstood as an insult, humiliation or other act with respect to a person(including that committed against a deceased person) which, given thecultural identity of such a person, harmed his or her human dignity but
did not cause severe physical pain or physical or moral suffering.
Article 438-1. War crimes against property
1. Deliberate commitment in connection with an internationalarmed conflict or armed conflict of a non-international nature of seizure
or damage or destruction of property, if it is not justified by militarynecessity –shall be punishable by imprisonment for a term of six to twelve
years.

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2. The same acts, if they are large-scale, shall be punishable by imprisonment for a term of ten to fifteen
years.
Note. Seizure of property in this article and article 438-5 of this Codeshould be understood as any restriction or deprivation of the owner ofsuch property (state, natural or legal person) of the opportunity to
exercise the competence that form the right to property.
AbsentArticle 438-2. War crimes involving the use of prohibited methods of
warfare1. Deliberate commission (implementation) in connection with aninternational armed conflict or a non-international armed conflict:1) the use of the presence of civilians or other persons under theprotection of international humanitarian law to protect a particular
locality, area or armed forces from hostilities;2) statements that there will be no mercy, that is, statements
addressed to persons engaged in hostilities on the opposite side of theconflict, that in the event of termination of participation in the hostilities,
these persons will not be able to take advantage of the guarantees
contained in international humanitarian standards rights, but will be
deprived of life or left in a state of danger, shall be punishable by imprisonment for a term of six to eight years.
2. Deliberate commission (implementation) in connection with aninternational armed conflict or a non-international armed conflict:
1) attacks on an unsecured and non-military target, settlement, orobject;2) assault that knowingly to the perpetrator constitutes a risk ofdeath or injury to civilians, damage to civilian objects or extensive, longterm and serious damage to the environment that is clearly
disproportionate to the specific and directly anticipated militaryadvantage;

143) attacks on installations or structures containing dangerous forces,
which could have caused, knowingly for the perpetrator, excessive
destruction or injury to civilians or to cause excessive damage to civilian
objects;4) attacks on a building intended for the purpose of religion,
education, art, science or charity, historical monuments, hospitals orplaces of focus for the sick and wounded, if this is not a military target;5) attacks on a non-military civilian target;
6) attacks on civilians or individuals who are not directly involved in
hostilities
7) acts aimed at creating hunger for the civilian population as amethod of warfare, by depriving it of the items necessary for the survival,
including by creating obstacles to the provision of assistance under the
Geneva Conventions for the Protection of War Victims of 12 August 1949;
8) injuring a combatant with the use of treachery, shall be punishable by imprisonment for a term of seven to fifteen
years.
3. Committing (implementation) treachery in connection with aninternational armed conflict or armed conflict of a non-international
nature, provided for in paragraph 1 or 2 of this Article, if it caused
grievous bodily harm or death of a combatant from the opposite side of
the conflict or a civilian person, as well as killing of a combatant with theuse of treachery, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
Note. 1. In this article, treachery refers to acts intended to inspire
confidence of a combatant that belongs to the opposite party to the conflict
and to make him / her believe that he or she is entitled to the protection oris required to provide such protection in accordance with the rules ofinternational humanitarian law, to further betray such confidence in the
future.
2. Installations and structures in this article shall be understood as15dams, chemical and oil plants, nuclear power plants, even if they are
military facilities.
AbsentArticle 438-3. War crimes consisting of the use of prohibited
methods of warfare
1. Usage in connection with an international armed conflict orarmed conflict of a non-international nature of prohibited methods of
warfare, prohibited by international humanitarian law, including
weapons, ammunition, or equipment that cause excessive damage orsuffering, or are indiscriminate in nature shall be punishable by imprisonment for a term of six to ten years.
2. The same act, if it caused grievous bodily harm to a person
belonging to the opposite side of the conflict or to a person from thecivilian population, shall be punishable by imprisonment for a term of seven to twelve
years.
3. The act provided for in paragraph 1 of this Article, if it caused thedeath of a person belonging to the opposite side of the conflict or a personfrom the civilian population, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
Note. For the purposes of this Article, the use of prohibited byinternational humanitarian law methods of warfare must include:1) poison or poisoned weapons;2) suffocating, poisonous or other similar gases and any similar
liquids, materials or agents;
3) bullets that are easily torn or flattened in the human body, suchas shell bullets, the hard shell of which does not cover the entire heart orhave cuts;4) chemical weapons;165) weapons with the main action to cause damage with fragmentsthat are not detected in the human body by X-rays;
6) laser weapons specially designed for use in hostilities only or inparticular to cause permanent blindness to unprotected human eyes;7) weapons that use microbiological or other biological agents or
toxins, regardless of their origin or method of production.
AbsentArticle 438-4. War crimes against humanitarian operations and useof symbols
1. Deliberately attacking in connection with an international armed
conflict or a non-international armed conflict:1) personnel, facilities, materials, equipment, units or vehicles
engaged in the delivery of humanitarian assistance or peacekeeping
missions in accordance with the Charter of the United Nations, as long as
they are entitled to the protection enjoyed by civilians or civilian objects
in accordance with international law;2) buildings, materials, equipment, medical facilities or vehicles withthe appropriately marked distinctive emblem or distinctive markestablished by international humanitarian law, or personnel authorized touse such emblems or marks, shall be punishable by imprisonment for a term of seven to twelve
years.
2. The same act, if it caused the death of the victim or caused
grievous bodily harm, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
3. The unlawful use in the course of an international armed conflictor an armed conflict of a non-international character the distinctive
emblem or distinctive mark established by international humanitarianlaw, the flag of a parliamentarian or flag, military insignia or the uniformof an enemy or the United Nations, which caused grievous bodily harm or17death of the victim, shall be punishable by imprisonment for a term of seven to fifteen
years, or life imprisonment.
Note. In this article, the emblem established by international
humanitarian law shall be understood to mean the emblems defined in theConvention for the Amelioration of the Condition of the Wounded andSick in Armed Forces in the Field of August 12, 1949, the Convention (II)for the Amelioration of the Condition of Wounded, Sick andShipwrecked Members of Armed Forces at Sea of 12 August 1949, theAdditional Protocol to the Geneva Conventions of 12 August 1949,
concerning the adoption of the additional distinctive emblem (ProtocolIII) of 08 December 2005 and the Convention for the Protection ofCultural Property in the case of military conflict of 14 May 1954.
AbsentArticle 438-5. War crimes against cultural properties protected byinternational humanitarian law
1. Deliberate committing in connection with an international armed
conflict or an armed conflict of a non-international nature, contrary to thenorms of international humanitarian law, in relation to a culturalproperty protected by international humanitarian law attacks, seizure or
act of vandalism, shall be punishable by imprisonment for a term of seven to thirteen
years.
2. Actions provided for in part one of this article, if they are of alarge-scale nature or have been committed in relation to a culturalproperty under enhanced protection, a unique cultural property or a
World Heritage Site, –shall be punishable by imprisonment for a term of seven to fifteen
years.
3. Deliberate use in connection with an international armed conflict18
or an armed conflict of a non-international nature, contrary to the norms
of international humanitarian law, of cultural property under enhanced
protection or adjacent places to support hostilities, –shall be punishable by imprisonment for a term of eight to twelve
years.
4. The actions provided for in part three of this article, if they are ofa large-scale nature, –shall be punishable by imprisonment for a term of ten to fifteen
years.
Note: 1. The cultural property in this Article and Article 445-1 of thisCode should be understood as movable and immovable property,
buildings and centers provided for in Article 1 of the Convention for theProtection of Cultural Property in the Event of Armed Conflict of 14 May
1954, which are under general, special or enhanced protection underinternational humanitarian law. The list of cultural property under
special protection is contained in the International Register of Cultural
Property under Special Protection.
2. The cultural property under enhanced protection in this Article
shall should be understood as the cultural property included in theInternational List of Cultural Property under Enhanced Protection.
3. The unique cultural property in this article should be understoodas the cultural property belonging to objects of national cultural heritage,
objects of cultural heritage of national value entered in the State registerof immovable monuments of Ukraine, unique monuments of the Museum
fund of Ukraine, unique documents of the National Archival Fund,especially valuable, rare documents and collections. This definition
applies only to acts the subject of which have been the cultural properties
of Ukraine.
4. The act of vandalism in this article should be understood as theintentional demolition, destruction or damage of cultural property.

19
Article 442. Genocide

Article 442. Genocide

1. Genocide, that is a willfully committed act for the purpose of total
1. Genocide, that is, an act intentionally committed with the aim of totalor partial destruction of any national, ethnic, racial, or religious group by or partial destruction of any national, ethnic, racial or religious group as suchextermination of members of any such group or inflicting grave bodily by:
injuries on them, creation of life conditions aimed at total or partial physical1) deprivation of life of members of this group;
destruction of the group, decrease or prevention of childbearing in the group,2) causing them serious injuries or mental disorder;or forceful transferring of children from one group to another, 3) creating for the group living conditions aimed at its total or partial
shall be punishable by imprisonment for a term of ten to fifteen years, physical destruction;or life imprisonment.
4) taking measures designed to prevent childbearing in such a group;5) forced transfer of children from one group to another, shall be punishable by imprisonment for a term of ten to fifteen years, orlife imprisonment.
2. Public calls to commit the acts provided for in paragraph 1 of this
2. Public calls to genocide, and also making any materials with calls to Article, proclaimed with the aim of the total or partial destruction of any
genocide for the purpose of distribution, or distribution of such materials, - national, ethnic, racial or religious group as such, and the production ofmaterials calling for such acts, to be disseminated or distributed, shall be punishable by arrest for a term up to six months, orshall be punishable by imprisonment for a term of three to seven
imprisonment for a term up to five years.
years.
Article 442-1. Crimes against humanity
Absent1. Deliberate commission (causing) within the framework of aconscious large-scale or systematic attacks on a civilian population:1) persecution, i.e. deprivation of the right to enjoy fundamental
human rights, on political, racial, national, ethnic, cultural, religious,
gender or other discriminatory grounds defined by international law;2) deportation of the population, that is, forced and in the absence ofgrounds provided for by international law, the relocation (eviction) of one
or more persons from the territory in which they were lawfully located tothe territory of another state;
3) forcible transfer of population, that is, forced and in the absence

20of grounds provided for by international law, the transfer (eviction) of
one or more persons from the territory in which they were lawfully locatedto another locality within the same state;4) rape, sexual exploitation, forced prostitution, forced pregnancy,
forced sterilization or any other form of sexual violence;5) enslavement or human trafficking;6) enforced disappearance;7) unlawful imprisonment;8) torture;9) moderate or grievous bodily harm, shall be punishable by imprisonment for a term of seven to fifteen
years.
2. Deliberate commission within the framework of a conscious largescale or systematic attack on a civilian population:
1) apartheid;2) extermination;3) murder, shall be punishable by imprisonment for a term of ten to fifteen
years, or life imprisonment.
Note. 1. The attack on a civilian population in this article shall be
understood to mean the repeated (three or more times) commission of anyof the acts referred to in this article in order to carry out or to support thepolicy of a State or organization aimed at commission of such an attack.
2. Forcible disappearance in this article shall be understood to mean
the arrest, detention, abduction or deprivation of liberty of a person in
any other form, with subsequent refusal to acknowledge the fact of sucharrest, detention, abduction or deprivation of liberty of a person in any
other form or concealment of the fate or whereabouts of such person, andthe refusal to admit the fact of arrest, detention, abduction or
imprisonment of a person in any other form or concealment of
information about the fate or whereabouts of such person.
3. The term "apartheid" shall have the meaning assigned to it by the21
Convention on the Suppression and Punishment of the Crime ofApartheid of 30 November 1973.
3. Extermination in this article shall be understood to mean the
deprivation of life of one or more persons by intentionally created living
conditions aimed at destroying part of the population, including bydenying them access to food or medicines.
4. Torture in this article shall be understood as the intentional
infliction of severe physical pain or physical or moral suffering to a person
under the control of the perpetrator.
Article 445-1. Illegal actions with cultural properties in connection
with the armed conflict

Absent

1. Carrying out archeological explorations, excavations contrary to
the norms of international humanitarian law in the occupied territory,
modification or change of the type of use of cultural property in theoccupied territory aimed at concealing or destroying evidence of cultural,
historical or scientific nature, or other use of cultural properties inconnection an armed conflict contrary to the norms of international
humanitarian law, in the absence of indicia of a crime under Article 4385 of this Code, –shall be punishable by imprisonment for a term of five to ten years.

FINAL AND TRANSITIONAL PROVISIONS
Absent2. Illegal movement of cultural property outside the occupied
territory or illegal transfer of ownership of cultural property located in
the occupied territory, committed in connection with an armed conflict
contrary to international humanitarian law, –shall be punishable by imprisonment for a term of seven to twelve
years.
FINAL AND TRANSITIONAL PROVISIONS
Section ІІІ
1. Unless the acts provided for in Articles 437-438-5, 442, 442-1 ofthis Code were recognized as crime under the criminal responsibility law
of Ukraine at the time of their commission, but were recognized as a crime22of genocide, a crime of aggression, a crime against humanity or a war
crime under international law, it is considered that such acts at the timeof their commission were recognized as crimes under the legislation of
Ukraine on criminal liability.
2. Part 2 of Article 8 of this Code shall enter into force on 1 January
2021, but not earlier than the date of introduction of amendments to the
Criminal Procedure Code of Ukraine and other related laws of Ukraine
regarding the peculiarities of criminal proceedings against persons
provided for in this Part.
The Criminal Procedural Code of Ukraine(Bulletin of the Verkhovna Rada of Ukraine (VRU), 2013, № 9-10, № 11-12, № 13, p. 88)
Article 216. Investigative jurisdiction
Article 216. Investigative jurisdiction…
…
2. Security investigators conduct pre-trial investigations of crimes under
2. Security investigators conduct pre-trial investigations of crimes under
the articles 109, 110, 1102, 111, 112, 113, 114, 1141, 201, 258-2585, 2651, 305, the articles 109, 110, 1102, 111, 112, 113, 114, 1141, 201, 258-2585, 2651, 305,
328, 329, 330, 3321, 333, 334, 359, 422, 436, 437, 438, 439, 440, 441, 442, 328, 329, 330, 3321, 333, 334, 359, 422, 436, 437, 438, 438-1, 438-2, 438-3,
443, 444, 446, 447 of the Criminal Code of Ukraine.
438-4, 438-5, 439, 440, 441, 442, 442-1, 443, 444, 446, 447 of the Criminal
Code of Ukraine.
….
Article 2971. General provisions of a special pre-trial investigation
Article 2971. General provisions of a special pre-trial investigation…
…
2. A special pre-trial investigation is carried out on the basis of the
2. A special pre-trial investigation is carried out on the basis of thedecision of the investigating judge in criminal proceedings for the crimes decision of the investigating judge in criminal proceedings for the crimes
provided for in the Articles
provided for in the Articles
109, 110, 1102, 111, 112, 113, 114, 1141, 115, 116, 118, parts 2-5 of
109, 110, 1102, 111, 112, 113, 114, 1141, 115, 116, 118, parts 2-5 of
Article 191 (in case of abuse of authority), Articles 209, 258, 2581, 2582, 2583, Article 191 (in case of abuse of authority), Articles 209, 258, 2581, 2582, 2583,
2584, 2585, 348, 364, 3641, 365, 3652, 368, 3682, 3683, 3684, 369, 3692, 370, 2584, 2585, 348, 364, 3641, 365, 3652, 368, 3682, 3683, 3684, 369, 3692, 370,
379, 400, 436, 4361, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447 of 379, 400, 436, 4361, 437, 438, 438-1, 438-2, 438-3, 438-4, 438-5, 439, 440,
the Criminal Code of Ukraine, in relation to a suspect, other than a minor, who 441, 442, 442-1, 443, 444, 445, 446, 447 of the Criminal Code of Ukraine, in
is hiding from the investigative bodies and the court for the purpose of evasion relation to a suspect, other than a minor, who is hiding from the investigative

23
of criminal responsibility and has been put on the interstate and / or bodies and the court for the purpose of evasion of criminal responsibility andinternational wanted list. Special pre-trial investigations into other crimes are has been put on the interstate and / or international wanted list. Special prenot allowed, except for the cases where crimes are committed by persons trial investigations into other crimes are not allowed, except for the cases
hiding from law enforcement agencies and courts for the purpose of evading where crimes are committed by persons hiding from law enforcement agencies
criminal responsibility or are wanted on an interstate and / or international and courts for the purpose of evading criminal responsibility or are wanted on
wanted list and are investigated in one criminal proceeding referred to in this an interstate and / or international wanted list and are investigated in one
Part, and the release of materials thereto may adversely affect the criminal proceeding referred to in this Part, and the release of materials thereto
completeness of the pre-trial investigation and trial.
may adversely affect the completeness of the pre-trial investigation and trial.
Law of Ukraine "On the Application of Amnesty in Ukraine"(Bulletin of the Verkhovna Rada of Ukraine, 1996, № 48, p. 263)
Article 4. Amnesty may not be applied to:
Article 4. Amnesty may not be applied to:…
…
Amnesty also does not apply to persons convicted of premeditatedAmnesty also does not apply to persons convicted of premeditatedmurder; torture; forced donation; unlawful deprivation of liberty or murder; torture; forced donation; unlawful deprivation of liberty or kidnapping
kidnapping of a person, in the event of causing death, or causing grievous of a person, in the event of causing death, or causing grievous bodily harm
bodily harm resulting in death.
resulting in death, crimes against peace, security of humanity and theinternational legal order provided for in Articles 437-438-5, Article 442…
and Article 442-1 of the Criminal Code of Ukraine.
…