Illegal use of humanitarian aid, charitable donations or free aid for the purpose of obtaining profit (Article 201-2 of the Criminal Code of Ukraine): problems of systematic interpretation and practical application and their solution

Abstract

The article discusses the main problematic issues related to Article 201-2 of the Criminal Code of Ukraine, which entered into force on April 3, 2022 and provides for criminal liability for the sale of humanitarian aid items or the use of charitable donations, free aid, or the conclusion of other transactions related to the disposal of such property . Such actions are taken in violation of the requirements stipulated in the laws of Ukraine dated October 22, 1999 "On humanitarian aid" and dated July 5, 2012 "On charitable activities and charitable organizations."
 It is recognized that the statement, which is widespread in the scientific literature, that Article 201-2 provides for responsibility for the theft of humanitarian aid items is incorrect. The correlation of this criminal offense with offenses against property is shown.
 It has been proven that the analysis of the content of Article 201-2 based on its place in the system of the Special Part of the Criminal Code of Ukraine as a criminal offense in the field of economic activity is of primary importance for solving most problematic issues.
 It was established that Article 201-2 applies to persons who carry out economic activities with items of humanitarian aid and ensure the receipt of such items from donors to their recipients. It does not apply to the actions of donors and recipients of humanitarian aid.
 It is justified that the public danger of the actions provided for in Art. 201-2, is that the use of items of humanitarian aid for the purpose of making a profit may lead to the non-receipt or late arrival of humanitarian aid to its recipients.
 It is proposed to supplement Art. 201-2 of the Criminal Code, part 4, in which to establish increased criminal liability for actions that led to the death of people or other serious consequences. Such responsibility should arise regardless of the total value of the items of humanitarian aid.
 The difference between the ban on the use of humanitarian aid for profit and the use of humanitarian aid for non-intended purposes is shown. This difference must be taken into account in the legislative improvement of Article 201-2.