Publication date: 12.05.2024
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According to the Criminal Code of Ukraine, illegal transportation of persons across the state border can be classified as a crime. This may include, for example, illegal border crossing for illegal migration or other illegal activities. The relevant articles of the Criminal Code of Ukraine regulate such violations and provide for corresponding criminal liability.
According to Article 332 of the Criminal Code, illegal transportation of persons across the state border, organization of illegal transportation of persons across the state border, directing such actions or facilitating their commission by advice, instructions, provision of means or removal of obstacles are punishable by imprisonment for a term of three to five years.
Yes, for the same actions that were committed in a manner dangerous to the life or health of a person who was illegally transported across the state border of Ukraine, or committed against several persons, or repeatedly, or with a prior conspiracy by a group of persons, or by an official using an official position, a stricter responsibility is assumed. Such actions are punishable by deprivation of liberty for a period of five to seven years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
If the actions provided for in the first or second part of this article are committed by an organized group or are committed for selfish motives, even greater responsibility is assumed. For such actions, deprivation of liberty for a period of seven to nine years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years is provided, as well as possible confiscation of property.Illegal crossing of the border during the war in Ukraine by men of draft age can be a serious violation of the law. Ukrainian legislation and international law may provide for liability for such actions.
Depending on the circumstances, such an illegal border crossing may be considered a violation of migration laws or a violation of military service and war obligations. Violation of such regulations may result in criminal liability, including imprisonment.
For the forensic characterization of illegal border crossing, the following elements can be considered:
1. The identity of the organizer of the crossing: identification of the person or persons who organized the illegal border crossing, their motives and role in committing the crime.
2. Composition and structure of the organized group: determination of the structure and composition of persons who participated in illegal border crossing, their roles and interaction.
3. Motives and goals: establishing the motives and goals of the organizers and participants of illegal border crossing, such as financial gain, illegal migration, etc.
4. Illegally smuggled persons: identification of persons illegally crossing the border, their personal data and the circumstances surrounding their crossing.
5. The circumstances of the commission of the crime: determination of the time, place and other circumstances surrounding the illegal crossing of the border.
6. Method of commission: a description of exactly how the illegal border crossing took place, including the means and methods of transit.
7.Circumstances contributing to the commission: establishing all the factors that contributed or assisted the commission of the crime, such as a favorable environment, lack of control, corruption, etc.
The analysis of these elements allows revealing the full picture of illegal border crossing, finding out all the circumstances of the commission of the crime and identifying the persons who participated in this crime.
Illegal transportation of persons across the state border of Ukraine violates the law and may have serious legal consequences. This may include illegal migration, smuggling, human trafficking or other illegal activities. Such actions are a serious violation of the law and may lead to criminal liability before the Ukrainian authorities. Legal border crossing must take place in compliance with established rules and procedures defined by legislation.
