Analysis of the Legislation on the Use of Humanitarian Assistance and Article 201-2 of the Criminal Code of Ukraine, which Establishes Liability for Its Illegal Use

Abstract

The relevance of the study is stipulated by the need for a comprehensive legal analysis of the current state of legislative regulation in the area of humanitarian aid in Ukraine under martial law. Particular attention is paid to Article 201-2 of the Criminal Code of Ukraine, which provides for criminal liability for the illegal use of humanitarian aid, charitable donations or free assistance for profit. The emphasis is placed on the emergence of the norm as a reaction of the state to the large-scale humanitarian crisis caused by the full-scale aggression of the Russian Federation, and to real cases of abuse that harm the country's defense capability, undermining trust in the authorities and discrediting the idea of aid as such. The purpose of the article is to explore the issues and ways to improve regulations in the field of humanitarian aid usage in Ukraine, as well as the criminal liability for its unlawful use. The methods applied in the research include system analysis, case study and the structural-functional approach. Results. The publication reveals the main shortcomings of the regulatory framework that existed before 2022 and provides a comparative analysis of the changes adopted in 2022-2024. The author considers a number of scientific positions on the criminalization of the relevant acts, including criticism of the broad formulation of the objective side of the crime. The author substantiates the need for a clear distinction between criminalized acts and administrative offenses in order to avoid violation of the principle of legal certainty. The author raises the issue of the need to improve the terminology and harmonize the provisions of national legislation with international humanitarian law and UN standards. The author proposes a number of specific amendments to the legislation and outlines the prospects for the development of criminal law policy in this area. The publication emphasizes the role of the scientific community in creating an analytical framework for further changes and effective law enforcement practice. The article is aimed at a wide range of lawyers, law enforcement officials, teachers and students, as well as all those involved in the formation of the legal state in times of war.