Peculiarities of criminal responsibility for embezzlement of humanitarian aid during the le-gal regime of martial law in Ukraine

Abstract

The article analyzes Art. 201-2 of the Criminal Code of Ukraine "Illegal use for profit of humanitarian aid, charitable donations or free aid", the opinions of scientists regarding the specified article were investigated, potential problems that may arise in the process of criminal prosecution for the relevant act were identified, and it was proposed possible ways to solve them.
 Separate aspects of responsibility for the illegal use of humanitarian aid were studied by: A. Shevchuk, O. Bodnaruk, D. Kamenskyi, O. Dudorov, R. Movchan, O. Kolb, V. Grishko, Z. Krasko, O. Kryshevych, and others. In their writings, scientists have repeatedly emphasized the need for further research on this issue, because a proper criminal-legal analysis of Art. 201-2 of the Criminal Code of Ukraine is useful for correct further qualification when distinguishing criminal offenses against property and in the field of economic activity.
 It was established that the amendment to the Criminal Code of Ukraine, Art. 201-2 allows us to carry out both preventive prevention of the commission of a criminal offense and the possibility of punishing persons who have already committed a criminal offense.
 Among the existing shortcomings of the wording of the specified criminal offense, the following can be identified: 1) an unreasonably high minimum limit, which provides grounds for bringing criminal responsibility to unscrupulous persons; 2) the purpose of this criminal offense "making a profit" is debatable, because such a phrase has so far been used only in the context of the actual consequences of the illegal behavior of the subject of the criminal offense.
 It was concluded that the legislator needs in the disposition of Art. 201-2 of the Criminal Code of Ukraine to clearly define the range of subjects, thereby making it impossible to prosecute persons who are not subjects of receiving humanitarian aid.