Treason and sabotage: criminal liability under martial law
Authors: Bundz Rostyslav , Yarovyk Diana 
Published: September 2024

The article analyzes the changes to the Criminal Code of Ukraine introduced during martial law in connection with russia’s armed aggression against Ukraine. The needs and reasons for changes to the criminal legislation, which provide for harsher punishments compared to peacetime, are substantiated: the change in the social danger of crimes, the need to strengthen prevention, and ensure justice. Proving the extreme relevance, effectiveness and significance of changes to criminal legislation under martial law: relevance (crime under martial law has its own characteristics and requires special countermeasures, changes to criminal legislation take these characteristics into account and are aimed at effectively ensuring public safety), effectiveness (research shows that harsher punishments have a deterrent effect on crime, increasing the severity of punishment for some categories of crimes under martial law has led to a decrease in the number of these crimes), significance (changes to criminal legislation are important for protecting the rights and freedoms of citizens, guaranteeing they demonstrate the state’s intolerance of crime and its determination to protect its citizens in the difficult conditions of martial law). With the introduction of martial law, criminal legislation did not respond to the new situation and was not adapted to it. The current Criminal Code did not contain responsibility for many offenses during the wartime and was unable to respond to new challenges and threats. Therefore, the Verkhovna Rada of Ukraine, taking into account changes in social relations and the need to protect state sovereignty, territorial integrity and fundamental human rights, adopted a number of legal acts aimed at eliminating gaps in criminal law regulation. Certain provisions in the Criminal Code of Ukraine existed since its adoption, but received a new definition and application. Some necessary changes were made to the Criminal Code of Ukraine in March 2022. However, the difficult situation in Ukraine and the work of the Verkhovna Rada as a legislative body have led to difficulties, mostly of a technical nature, that complicate the application of such provisions. When using the amendments, it is important to take into account the time of their entry into force, as well as the fact that certain actions taken under martial law may appear similar to criminal offenses, but in fact are circumstances that exclude illegality (for example, extreme necessity). Individual provisions will be adjusted according to more favorable conditions. As a result of the start of a full-scale invasion of the Russian Federation on February 24, 2022, the lives of Ukrainians and Ukraine suddenly changed forever. The question arose as to what consequences this situation will have for the current Criminal Code of Ukraine, which must adapt to rapid changes and new challenges and threats. In such conditions, many social processes stopped, many accelerated, and new challenges appeared that needed to be responded to. That is why the emphasis has shifted towards the criminal law policy, which is a system-forming element of the state strategy in the field of combating crime and develops strategy and tactics for combating crime with the help of criminal law tools.