AMENDMENTS TO THE CRIMINAL CODE OF UKRAINE IN THE CONTEXT OF FULL-SCALE ARMED AGGRESSION THROUGH THE LENS OF CRIME PREVENTION

Abstract

This article examines the amendments to the Special Part of the Criminal Code of Ukraine that were introduced following the onset of full-scale armed aggression against Ukraine in February 2022. It is emphasized that between 2022 and 2025, the Criminal Code of Ukraine underwent numerous changes and additions and was revised more than 30 times. It is noted that a significant portion of these changes was driven specifically by military events, in connection with which the legislature criminalized certain acts primarily to strengthen criminal law protection of national security, defense capability, public safety, and the economic and humanitarian spheres. Within the scope of this study, all amendments to the Special Part of the Criminal Code of Ukraine have been conditionally grouped into four interrelated blocks (groups), which combine provisions based on the functional purpose of the criminal prohibition. The first block includes criminal offenses against the foundations of Ukraine’s national security. In particular, the following acts were analyzed: collaboration (Article 111-1 of the Criminal Code of Ukraine), aiding an aggressor state (Article 111-2 of the Criminal Code of Ukraine), unauthorized dissemination of information regarding the direction, movement of weapons, armaments, and ammunition into Ukraine, or the movement, relocation, or deployment of the Armed Forces of Ukraine or other military formations established in accordance with the laws of Ukraine, committed under conditions of martial law or a state of emergency (Article 114-2 of the Criminal Code of Ukraine). The second section covers criminal offenses in the sphere of economic activity, namely the illegal use for profit of humanitarian aid, charitable donations, or free assistance (Article 201-2 of the Criminal Code of Ukraine), smuggling of goods (Article 201-3 of the Criminal Code of Ukraine), and smuggling of excise goods (Article 201-4 of the Criminal Code of Ukraine). The third category includes such criminal offenses against public safety as crossing the state border of Ukraine for terrorist purposes (Article 258-6 of the Criminal Code of Ukraine), and violation of statutory requirements regarding the maintenance and operation of civil defense shelters (Article 270-2 of the Criminal Code of Ukraine). The fourth section consists of short stories related to the military sphere and the conduct of military operations, including an analysis of evasion of conscription into contract military service (Article 336-2 of the Criminal Code of Ukraine), insulting the honor and dignity of a military servicemember, threatening a military servicemember (Article 435-1 of the Criminal Code of Ukraine), justifying, recognizing as lawful, or denying the armed aggression of the Russian Federation against Ukraine, and glorifying its participants (Article 436-2 of the Criminal Code of Ukraine), as well as crimes against humanity (Article 442-1 of the Criminal Code of Ukraine). Based on the study, it is concluded that adapting criminal legislation to the new crime-inducing threats and risks of the wartime period is an important tool for combating crime and ensuring adequate criminal law protection of the most vulnerable social relations, especially in frontline regions