pipeline transport, work in a grocery store. (Draft
Law 7647 "On Amendments to the Criminal
Code of Ukraine on Improving Liability for
Collaborative Activities", 2022). It is because of
this, to protect the rights and interests of citizens
of Ukraine, who take appropriate actions to
ensure the proper functioning of the territories of
Ukraine that are temporarily actually occupied,
that there was a need to clarify the relevant
provisions of the Criminal Code of Ukraine.
This bill is a vivid example of the positive
dynamics of criminal law in the conditions of a
special legal regime, as it shows the interest and
effectiveness of the authorities in improving
criminal legislation, taking into account the
needs of the citizens of Ukraine and the realities
of the legal regime of martial law and the special
legal regime in the temporarily occupied territory
of Ukraine.
At the same time, it is worth noting that even
after the end of the war, the problem of
collaborationism will present new challenges to
the government and society, namely the solution
of two opposite problems: the problem of
repentance of collaborators and their
responsibility for the crimes committed, and the
problem of coexistence with collaborators in the
state (Chaltseva, 2022).
Equally important is the addition of Article 111-
2 of the Criminal Code of Ukraine "Assistance to
the aggressor state", according to which
intentional actions aimed at helping the aggressor
state (assistance), armed formations and/or the
occupation administration of the aggressor state,
committed a citizen of Ukraine, a foreigner or a
stateless person, with the exception of citizens of
the aggressor state, with the aim of causing harm
to Ukraine by: implementing or supporting the
decisions and/or actions of the aggressor state,
armed formations and/or the occupation
administration of the aggressor state; voluntary
collection, preparation and/or transfer of material
resources or other assets to representatives of the
aggressor state, its armed formations and/or the
occupying administration of the aggressor state
(Law 2198-IX, 2022) "On Amendments to the
Criminal and Criminal Procedural Codes of
Ukraine on Improving Responsibility for
Collaborative Activities and features of the
application of preventive measures for the
commission of crimes against the foundations of
national and public security", item 2 item 1.
It is also indicative of the dynamics of criminal
law that in the conditions of the legal regime of
martial law, not all improvements and
innovations in criminal law are related to the
establishment of sanctions for the corresponding
actions. Thus, already after the introduction of
martial law in Ukraine, part 3 of Article 263 of
the Criminal Code of Ukraine "Illegal handling
of weapons, ammunition or explosives" was
added, according to which a person is not subject
to criminal liability for the actions provided for
in the first or second part of this article, who
voluntarily surrendered weapons, ammunition,
explosives or explosive devices to the authorities
(Law 2150-IX, 2022) "On Amendments to
Article 263 of the Criminal Code of Ukraine on
Cancellation of Liability in Cases of Voluntary
Surrender of Weapons, Military Supplies,
Explosives or Devices", p .1.
Thus, the Ukrainian legislator established the
legal possibility of a person to avoid being
brought to criminal responsibility for a crime
committed and recognized in the criminal
legislation. In the opinion of the author, this norm
is an example of a rational approach to assessing
the risks and benefits of the so-called forgiveness
of a crime.
The changes related to military actions also
affected circumstances that, by their content,
exclude a criminal offense. Thus, the criminal
legislation was supplemented by Article 43-1 of
the Criminal Code of Ukraine, according to part
1 of which an act (act or inaction) committed in
conditions of martial law or during an armed
conflict and aimed at repelling and deterring
armed aggression of the Russian Federation is
not a criminal offense or aggression of another
country, if it caused damage to the life or health
of the person who carries out such aggression, or
caused damage to law-enforced interests, in the
absence of signs of torture or the use of means of
warfare prohibited by international law, other
violations of the laws and customs of war
provided for by international contracts, the
binding consent of which was given by the
Verkhovna Rada of Ukraine (Law 2124-IX,
2022) "On Amendments to the Criminal Code of
Ukraine and other legislative acts of Ukraine
regarding the determination of circumstances
that exclude the criminal illegality of an act and
provide combat immunity in the conditions of
martial law", item 1.
According to its external (formal, objective)
properties, the active action of a person for the
protection of Ukraine coincides with the signs of
a criminal offense. This is precisely why the
problem of distinguishing such an action from a
criminal offense and excluding criminal liability
for it arises. In particular, such action may fall