Financial Criminal Offenses Under Martial Law: Criminal Law and International Dimensions

Abstract

The financial system serves as a pivotal element of the economic security of every state. Criminal offenses within this sphere pose a heightened social danger, as they directly impact the budget, the tax system, and the overall financial stability of the state. The financial sector is one of the most vulnerable to criminal infringements due to the significant concentration of material resources and the complexity of legal regulation. The purpose of this article is to conduct a comprehensive analysis of financial crimes under martial law and to identify the challenges involved in their classification.

The article notes that contemporary financial and legal doctrine pays considerable attention to the transformation of financial crimes during armed conflicts, particularly in the context of the special legal regime of martial law in Ukraine, which has been in effect since February 24, 2022.

Recent scholarly research by leading European and international authors confirms that martial law acts as a catalyst for corruption-related crimes, fraud, and money laundering, which acquire a systemic and transborder character. Research by Ukrainian scholars indicates a substantial increase in the level of acquisitive and economic criminal offenses during wartime, specifically fraud, acts of corruption, and the unlawful use of budget funds.

The author of the article synthesizes the provisions of international standards, notably those of the Financial Action Task Force (FATF), regarding the prevention of financial criminal offenses. Particular attention is devoted to the impact of martial law on the transformation of financial crime, including the rising risks of embezzlement of budget funds, money laundering, violations of sanctions legislation, and the use of digital assets. Furthermore, the existing case law of the Supreme Court and the High Anti-Corruption Court (HACC) is analyzed. The study concludes with the necessity of further refining criminal law mechanisms to counter financial crimes, taking into account contemporary challenges and international experience.