LIABILITY FOR THEFT OF HUMANITARIAN AID: AMENDMENTS TO THE DOMESTIC CRIMINAL LAW DURING WAR

Abstract

The purpose of the article is to reveal the content of the debatable signs of illegal use of humanitarian aid, provided for in Art. 201-2 of the Criminal Code of Ukraine; clarification of the validity of the appearance of this ban and its possible impact on law enforcement; determination of prospects for the development of criminal law in the relevant area.

The inconsistencies of the analyzed criminal law prohibition with the provisions of the regulatory legislation - the laws of Ukraine “On humanitarian aid” and “On charitable activities and charitable organizations” are highlighted. In particular, it was established that the non-targeted use of humanitarian aid, charitable donations, other than the disposal of such property for the purpose of obtaining profit, does not form part of the considered criminal offense. It has been proven that in the vast majority of cases actions prohibited by the current version of Art. 201-2 of the Criminal Code, in its absence would be recognized as embezzlement and qualified under one of the parts of Art. 191 of the Criminal Code as misappropriation, embezzlement or appropriation of someone else's property by abusing an official's official position.

According to the results of the study of relevant materials of law enforcement practice, the problem of incriminating the signs of guilt and, in particular, the purpose of the ban under study is shown.

The conclusion was formulated that the addition of Article 201-2 of the Criminal Code of Ukraine was another manifestation of the unjustified casuistic nature of the criminal law. The position on the need to exclude the examined criminal law ban from the Criminal Code as an unnecessary manifestation of excessive criminalization is substantiated.