New definitions of crimes on temporarily occupied territories

24 January 2023
New definitions of crimes on temporarily occupied territories
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New definitions of crimes on temporarily occupied territories 

Draft bill #8301-2 of January 9, 2023 

Cosponsors: a group of MPs from the Holos faction

Who is affected: judges, prosecutors, detectives, collaborationists, and inhabitants of the temporarily occupied territories.

Summary of the bill:

  • provisions that people unlawfully conscripted to the armed forces of the aggressor state who willingly surrendered to Ukrainian forces will be recognized as not guilty of state treason
  • provides a new definition of collaborationism:
    • only officials and not regular citizens will be held legally accountable for public denial of the fact of the Russian aggression and public appeals to support the activities of the aggressor state
    • the draft bill proposes to hold a person accountable for serving at a position not related to administrative or commercial activities only if the intention of this position was the facilitation of the temporary occupation
    • willing transfer of material resources and serving in illegal law enforcement agencies and prosecution will be recognized as a criminal offense
  • foreigners and stateless persons who permanently resided in Ukraine before February 24, 2022, will also be held accountable for conspiracy with the aggressor state.

What is right:

  • the bill partially amends the shortcomings of current regulations that allow for the same action to be recognized as state treason, collaborationism, and conspiracy with the aggressor
  • the bill partially amends the flawed definition of collaborationism that currently makes it possible to accuse of collaborationism doctors, rescuers, firefighters, and critical infrastructure employees who are ensuring normal life in communities under temporary occupation.