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Publication date: 30.04.2024
Crimes against the foundations of the national security of Ukraine:
Terms of life imprisonment
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.
Consider crimes against the foundations of Ukraine's national security, for which Ukraine has provided for the possibility of life imprisonment
Ukraine has determined the possibility of life imprisonment for:
1. Deliberate actions committed with the aim of changing the boundaries of the territory or the state border of Ukraine in violation of the order established by the Constitution of Ukraine, as well as public appeals or distribution of materials with appeals to commit such actions that led to the death of people or other serious consequences (Article 110 KKU).
2. Actions intentionally committed by a citizen of Ukraine to the detriment of the sovereignty, territorial integrity and inviolability, defense capability, state, economic or informational 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 Ukraine committed under martial law (Article 111 of the Criminal Code).
3. Voluntary employment by a citizen of Ukraine of a position related to the performance of organizational-administrative or administrative-economic functions in illegal authorities created in the temporarily occupied territory, including the occupation administration of the aggressor state, or voluntary election to such bodies, as well as participation in organization and holding of illegal elections and/or referendums in the temporarily occupied territory or public calls for their holding, which led to the death of people or other serious consequences (Part 5, 8 of Article 111-1 of the Criminal Code).
4.Participation in the organization and implementation of events of a political nature, carrying out information activities together with the aggressor state or its occupation administration, aimed at supporting the aggressor state, its occupation administration or armed formations, as well as avoiding responsibility for armed aggression against Ukraine, if there are no signs treason, active participation in such activities, which led to the death of people or other serious consequences (parts 6, 8 of article 111-1 of the Criminal Code).
5. Voluntary acceptance by a citizen of Ukraine of a position in illegal judicial or law enforcement bodies formed in the temporarily occupied territory, as well as voluntary participation in illegal armed or military formations created in this territory, or providing assistance to such formations in conducting hostilities against the Armed Forces of Ukraine and other military formations that were created in accordance with the legislation of Ukraine, including voluntary formations formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine, which led to the death of people or other serious consequences (parts 7, 8 of article 111-1 of the Criminal Code ).
6. Committing actions, in conditions of martial law or during an armed conflict, with the aim of weakening the state, such as explosions, arson or other acts aimed at the mass destruction of people, causing bodily harm or other harm to health, as well as the destruction or damage to objects of strategic importance for the national economy or defense. Also, committing such actions for the purpose of radioactive contamination, mass poisoning, spread of epidemics, epizootics or epiphytotics.
The conditions for imposing life imprisonment for crimes against the foundations of national security of Ukraine are determined taking into account the seriousness of the crime, its consequences and the circumstances accompanying the commission of the offense. When considering each case, the court takes into account all the circumstances that may influence the adoption of a reasoned decision regarding sentencing. In the event of a sentence of life imprisonment, the court must justify its decision, taking into account all the essential aspects of the case and the principles of justice.
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