Criminal law policy in wartime: the legislative aspect

Abstract

The article is devoted to the analysis of the current state of the legislative aspect of criminal law policy in martial law.
 The situation of partial legal uncertainty caused by the aggression of the Russian Federation requires changes to the current criminal law, which would provide for responsibility for cooperation with the occupier, as well as the responsibility of those who commit actions aimed at their own enrichment in martial law, as well as actions aimed at weakening the state at the same time.
 Certainly certain norms have been present in the Criminal Code of Ukraine since its adoption, but have received a new revised application. Some of these necessary changes were made to the Criminal Code of Ukraine in March this year. However, the difficult times in which Ukraine and the Verkhovna Rada, as the legislature, find themselves, have led to some difficulties, mostly of a technical nature, which complicate the application of such norms.
 Applying the changes should take into account the time of entry into force of such changes, as well as the fact that certain acts committed under martial law, outwardly similar to criminal offenses, may in fact be circumstances that exclude criminal wrongdoing (eg, extreme necessity). Certain rules will be subject to adjustment under more favorable circumstances.
 It is proposed to use, except in special cases, the general term - the aggressor state.
 It is clear that the amendments to the Criminal Code of Ukraine will not be limited to the norms of March this year. Some of them are already being worked out in committees. We are talking about the necessary changes in international criminal and humanitarian law, which will make it possible to bring to justice the participants in the aggression against Ukraine.