Crimes against the basics of national security in the context of recent amendments and changes

Characterization of crimes against the foundations of national security in the context of the latest changes and additions was carried out. It is established that criminal law is not stable, as it is based on changing and fluid historical conditions, which are determined by political, social and economic forces. In view of the current events caused by the started war against our state, a number of changes and additions were made to Chapter 1 "Crimes against the foundations of national security" of the Criminal Code of Ukraine. 

​It is emphasized that crimes against the foundations of national security are socially dangerous, illegal, punitive and culpable acts, committed by a physically reprehensible person who has reached the age of criminal responsibility, and encroaches on the state and social order of Ukraine, its sovereignty, political system, inviolability, territorial integrity , defense capability, information and economic security, as well as national security in the field of ecology and military armament. Among them, the legislator includes actions aimed at violent change or overthrow of the constitutional order or at the seizure of state power (Article 109); encroachment on the territorial integrity and inviolability of Ukraine (Article 110); financing of actions committed for the purpose of violent change or overthrow of the constitutional order or seizure of state power, change of territory or state border of Ukraine (Article 110-2); treason (Article 111); encroachment on the life of a state or public figure (Article 112); sabotage (Article 113); espionage (Article 114) and obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations (Article 114-1).A general description of the components of these crimes is provided. 

​Changes to the legislation, which were introduced to the Criminal Code of Ukraine in connection with the full-scale invasion of Russia into Ukraine, were considered. It was found that Section I "Crimes against the foundations of national security" of the Criminal Code of Ukraine was supplemented with the following articles: Collaborative activity (Article 111-1); Assistance to the aggressor state (Article 111-2);Obstructing the lawful activities of the Armed Forces of Ukraine and other military formations (Article 114-1); Unauthorized dissemination of information about the transfer, transfer of weapons, armaments and war supplies to Ukraine, the movement, transfer or placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under conditions of war or a state of emergency (Article 114-2). 

​It was concluded that the criminalization of certain acts under martial law is a necessary, relevant and timely step on the part of the state.