Criminal legal protection of Ukraine’s economic sovereignty in the context of the armed aggression of the Russian Federation
Authors: Kubalskiy Vladyslav 
Published: January 2025

Introduction. At the beginning of the armed aggression of the Russian Federation against Ukraine, economic sovereignty and economic security were the weakest components of national security in terms of criminal law protection. After the full-scale armed invasion of Ukraine by Russia, the Ukrainian legislator did not ignore the problems of strengthening the criminal legal protection of Ukraine’s economic sovereignty (part 4 of Article 1111, Article 1112 of the Criminal Code).

The aim of the article. This research is aimed is to define the essence of economic sovereignty as an object of criminal law protection and the system of norms that provide for criminal liability for encroachment on the economic sovereignty of Ukraine.
Results. Ukrainian criminal law generally takes into account the current nature of threats and challenges to economic sovereignty. Criminal legal protection of Ukraine’s economic sovereignty is carried out on the basis of the provisions of the Criminal Code of Ukraine which provide for criminal liability for committing the relevant oﬀenses.

According to the analysis of the provisions of the Special Part of the Criminal Code, in certain cases, these acts may include the following criminal oﬀenses: actions aimed at violent change or overthrow of the constitutional order or seizure of state power (Article 109); encroachment on the territorial integrity and inviolability of Ukraine (Article 110); financing of actions committed with the aim of violent change or overthrow of the constitutional order or seizure of state power, change of the boundaries of the territory or state border of Ukraine (Art. 110-2); high treason, i.e. an act intentionally committed by a citizen of Ukraine to the detriment, in particular, of the economic security of Ukraine (Art. 111); collaboration activities in the economic sphere, namely: transfer of material resources to illegal armed or paramilitary groups established in the temporarily occupied territory and/or armed or paramilitary groups of the aggressor state, and/or conducting economic activities in cooperation with the aggressor state, illegal authorities established in the temporarily occupied territory, including the occupation administration of the aggressor state (part 4 of Art. 1111); aiding and abetting the aggressor state (Art. 1112); sabotage (Art. 113); espionage (Art. 114); obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations (Art. 1141); criminal oﬀenses in the field of economic activity under Articles 199, 210, 211, 212, 233 (Section VII of the Special Part of the Criminal Code of Ukraine); terrorist act (Art. 258); creation of a terrorist group or terrorist organization (Art. 2583); financing of terrorism (2585); creation of paramilitary or armed formations not provided for by law (Art. 260); unauthorized interference with the operation of information (automated), electronic communication, information and communication systems, electronic communication networks (Art. 361); planning, preparation, initiation and conduct of an aggressive war (Art. 437), use of weapons of mass destruction (Art. 439), mercenarism (Art. 447) and other criminal oﬀenses. It should be borne in mind that in the context of russia’s armed aggression against Ukraine, encroachments on economic sovereignty undermine Ukraine’s ability to withstand a full-scale invasion by the aggressor state.

Conclusions. Ukrainian criminal law generally takes into account the current nature of threats and challenges to economic sovereignty. At the same time, it should be taken into account that in the conditions of armed aggression of the russian federation against Ukraine, encroachments on economic sovereignty undermine Ukraine’s ability to resist a full-scale invasion of the aggressor state.

Key words: economic sovereignty, armed aggression of the Russian Federation, national security, economic security, criminal legal protection, criminal liability.