Torts committed within the scope of volunteering and humanitarian aid under martial law

Abstract

The article is devoted to the topic of liability for torts committed within the scope of volunteering and humanitarian aid. The main concepts, as volunteering and humanitarian aid, are defined. It has been established that volunteering is characterized by the fact that it acts on the basis of representation; persons who wish to become volunteers are added to their lists by concluding an appropriate contract with non-profit organizations and institutions on whose behalf they will perform this or that work for this or that organization. Humanitarian aid differs by the donors (those who provide humanitarian aid) are legal entities, and the recipients are legal entities registered in the Unified Register of Humanitarian Aid Recipients; recipients can be charitable, religious and public organizations, their enterprises, as well as rehabilitation institutions; it is through the recipients that the aid is transferred to the recipients - individuals and legal entities who directly need it. It is summarized that since volunteering and humanitarian aid are forms of charity, they share common responsibilities.
 The types of offenses for which responsibility arises in the field of volunteering and humanitarian aid are analyzed. Special attention is paid to Art. 201-2 of the Criminal Code of Ukraine, which was introduced by the Law "On Amendments to the Criminal Code of Ukraine Regarding Liability for Illegal Use of Humanitarian Aid" dated March 24, 2022, and establishes liability for the sale of humanitarian aid items, the use of charitable donations or free aid, the conclusion of other transactions regarding the disposal of such property for the purpose of obtaining profit.
 It has been established that in practice problematic issues arise with the application of the provisions of the Criminal Code due to non-observance of the norms on the transfer of property of citizens in a proper manner.