Criminalization of collaboration with the enemy

Stricter penalties for collaboration with the enemy

Draft bill # 7186 of March 21, 2022

Cosponsors: a group of 6 MPs with Serhii Ionushas as the first signatory

Status: adopted as a law

Who is affected: citizens of Ukraine, foreigners (except citizens of the Russian Federation), stateless persons, law enforcement agencies, and courts

Summary of the bill:

• criminalizes the assistance to the aggressor state:

• introduces a stricter penalty for the offense: from 10 to 12 years imprisonment, prohibition to occupy some positions or engage in some activities, with or without property confiscation

• defines collaboration as follows:

• execution of orders or support of the decisions made by the aggressor, its military units, or its occupational administrations

• any cooperation with the aggressor, including gathering, preparing, or transferring material resources or other assets to the representatives of the aggressor

• suspects and defendants accused of collaboration will be detained without bail.

What is wrong:

• the draft bill duplicates provisions of Article 111 of the Criminal Code where clause 111-1 recognizes high treason (including collaboration with the enemy) as a criminal offense

• the draft bill partially violates the norms of international humanitarian law. For example, it criminalizes activities that regular citizens have to perform on the temporarily occupied territories: it is not a collaboration to maintain housing and public utility infrastructure or pay local taxes and fees but the version of the bill that has been adopted recognizes such activities as criminal offenses.

What’s next: the President should veto the draft bill since it will make it harder to hold real perpetrators responsible for their actions.

Criminalization of charity fraud and misappropriation of humanitarian aid

Draft bill # 7146 of March 13, 2022

Cosponsors: a group of 9 MPs with Serhii Ionushas as the first signatory

Status: adopted as a law

Who is affected: Ukrainian citizens, the Security Service of Ukraine, prosecutors, and courts

Summary of the bill:

• criminalizes charity fraud, misappropriation of humanitarian and defense aid if such actions were taken with the intent to make a profit for personal gain during wartime

• sets a penalty for the offense: from 3 to 7 years imprisonment, with or without property confiscation

• pre-trial investigation of such cases will be conducted by investigative units of the Security Service.

What is right: since the beginning of the war, a significant amount of funding and assets comes from donations, so criminal punishment for misappropriation of humanitarian aid will help to prevent its misuse.

What is wrong:

• according to Ukrainian laws, the SSU has no mandate to investigate criminal offenses

• the draft bill puts an unjustified extra workload on the SSU during wartime.

What’s next: the President should veto the draft bill and propose the Verkhovna Rada to grant the authority to conduct pre-trial investigations to the National Police, not the SSU.

Criminalization of reporting data about movements of the Armed Forces or international military aid cargo

Draft bill # 7189 of March 22, 2022

Cosponsors: a group of 16 MPs with Serhii Ionushas as the first signatory

Status: adopted as a law

Who is affected: Ukrainian citizens

Summary of the bill:

• criminalizes the following offenses:

  • spreading information about shipments of international military aid for Ukraine if such information was not published or allowed to be published by the General Staff of the Armed Forces of Ukraine

    • penalty: from 3 to 5 years imprisonment

  • spreading information about movements of the Armed Forces and other military units if such information was not published or allowed to be published by the General Staff of the Armed Forces of Ukraine

    • penalty: from 5 to 8 years imprisonment

  • supplying reports on troop or international aid cargo movements to the aggressor state or illegal armed groups, spreading this information for profit, or causing severe consequences by spreading such information

    • penalty: from 8 to 12 years imprisonment

• all such offenses will be investigated by the Security Service.

What is right: frequent rocket and aerial bombings justify the criminalization of reporting data about the movements of the Armed Forces and international military aid. The draft bill will minimize the risk that the enemy gets information about Ukrainian forces and defense equipment from open sources.

What is wrong: the draft bill does not address the issue of information about the movements of SSU, State Border Guard, and National Police units being reported. These units are not a part of the military but actively participate in fighting off the aggression of the Russian Federation.

What’s next: after the President signs the bill, it will come into force. The Verkhovna Rada should amend it to criminalize reporting information about movements of the units of the SSU and law enforcement agencies.