See more
Publication date: 30.04.2024
Crimes against the foundations of the national security of Ukraine:
Conditions for exemption from criminal liability
The classification of actions that are crimes against the foundations of national security of Ukraine occupies the first place in a special part of the Criminal Code of Ukraine.
Currently, the Criminal Code of Ukraine contains eleven articles that define actions that are crimes against the foundations of Ukraine's national security and for which criminal liability is provided.
It is worth noting that before the start of Russia's military operations against Ukraine and the occupation of Ukrainian territory, namely before the events of 2014, the Criminal Code of Ukraine contained only six articles that defined crimes against the foundations of Ukraine's national security. To the full-scale invasion of Russian troops on the territory of Ukraine, to the already defined crimes, the legislator added two more articles, namely:
Art. 110-2 - financing of actions committed for the purpose of violent change or overthrow of the constitutional order or seizure of state power, change of territory or state border of Ukraine;
Art. 114-1 - obstructing the legal activities of the Armed Forces of Ukraine and other military formations.
After the full-scale invasion, as of May 2024, the legislature added three more articles, namely:
Art. 111-1 – collaborative activity;
Art. 111-2 - assistance to the aggressor state;
Art. 114-2 - unauthorized dissemination of information about the transfer, transfer of weapons, armaments and war supplies to Ukraine, the movement, transfer or placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under conditions of war or a state of emergency.
We will consider crimes against the foundations of national security of Ukraine and the conditions under which persons are released from criminal responsibility for their commission
I. Financing of actions committed against the statehood of Ukraine
A person will be released from criminal liability for:
- financing of actions carried out with the aim of changing the boundaries of the territory or the state border of Ukraine, violent change or overthrow of the constitutional order or seizure of state power;
- for committing such actions repeatedly or for selfish motives, or with a prior conspiracy by a group of persons, or on a large scale, or if they led to significant property damage, or by an organized group or on a particularly large scale, or if they led to other serious consequences .
Condition for release:
A person, other than the head of an organized group, will be exempted from criminal liability for financing actions committed against the statehood of Ukraine, if he:
1. voluntarily reported the committed act before receiving a notification of suspicion;
2. contributed to the cessation of illegal activity or prevention, or otherwise assisted in the investigation or avoidance of a crime that it financed or supported, provided that its actions do not constitute another crime.
II.High treason
A citizen of Ukraine will be released from criminal liability for:
- actions deliberately committed to the detriment of the sovereignty, territorial integrity and inviolability, defense capability, state, economic or information security of Ukraine: switching to the side of the enemy during an armed conflict, espionage, providing assistance to a foreign state, a foreign organization or their representatives in carrying out subversive activities against of Ukraine
Condition for release:
A citizen of Ukraine will be released from criminal liability for high treason if he did not take any actions in order to fulfill the criminal task of a foreign state, foreign organization or their representatives and voluntarily declared to the state authorities about his connection with them and the task he received.
III. Espionage
A person will be exempted from criminal liability for the transmission or collection for the purpose of transmission to a foreign state, foreign organization or their representatives of information constituting a state secret, if these actions are committed by a foreigner or a stateless person.
Condition for release:
A foreigner or a stateless person will be released from criminal liability for committing espionage if he/she stopped the specified illegal activity and voluntarily informed the state authorities about what was done, if as a result of this and the measures taken, damage to the interests of Ukraine was avoided.
The conditions for exemption from criminal liability for crimes against the foundations of national security of Ukraine are established in accordance with the legislation. Given the seriousness of these crimes and their potential impact on national security, the legislature provides for severe sanctions, including the possibility of life imprisonment. At the same time, the established conditions for exemption from criminal responsibility provide for the possibility for a person to be exempted from responsibility if he fulfills certain conditions that may indicate the correction or prevention of harm to the state.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of a specific situation, will provide representation and defense in court and will participate in a court hearing in any city of Ukraine. A lawyer in court and a legal process with a lawyer are a guarantee of quality protection of your rights and interests.
