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Immunity during martial law

02/ 05/ 2022
  Author: Violetta Fedorko, Dynasty Law & Investment Lawyer Dynasty Law & Investment draws attention to the fact that from 21.03.2022. Law of Ukraine No. 2124-IX “On Amendments to the Criminal Code of Ukraine and Other Laws of Ukraine on Determining Circumstances Excluding Criminal Unlawfulness of an Act and Ensuring Combat Immunity in the Conditions of Martial Law” entered into force. What problem does the law solve? Prior to the adoption of this Law, the legislation of Ukraine did not establish legal protection (combat immunity) for persons taking measures to protect the integrity and independence of Ukraine, including: military command, servicemen, volunteers of the Armed Forces, law enforcement officers, citizens of Ukraine, foreigners and persons statelessness. Instead, for most countries of the European Union, the concept of combat immunity is not a new but a practical phenomenon. In this way, the military and law enforcement have the opportunity to make strategic or tactical decisions without being distracted by possible risks, which in fact strengthens the countrys defense capabilities. Consequently, the implementation of this principle in the current Ukrainian legislation meets the modern needs and military-legal practice of different countries. However, it should be understood that the application of the principle of combat immunity does not lead to impunity for the above persons and they may be held liable for the execution of criminal orders and / or crimes against humanity. What is changing? Innovations include to some extent exemption from criminal liability for: use of weapons, ammunition and / or other military equipment / property; destruction or damage to property, due to the need to achieve significant goals that benefit society; use of weapons to perform other defense tasks of Ukraine, the occurrence of which is unpredictable and / or covered by justified risk, except when they violate the laws and customs of war or the provisions of international treaties ratified by the Verkhovna Rada of Ukraine. Undoubtedly, the introduction of martial law in martial law is a necessary step to minimize the risks for Ukrainian defenders.

Author: Violetta Fedorko, Dynasty Law & Investment Lawyer

Dynasty Law & Investment draws attention to the fact that from 21.03.2022. Law of Ukraine No. 2124-IX “On Amendments to the Criminal Code of Ukraine and Other Laws of Ukraine on Determining Circumstances Excluding Criminal Unlawfulness of an Act and Ensuring Combat Immunity in the Conditions of Martial Law” entered into force.

What problem does the law solve?

Prior to the adoption of this Law, the legislation of Ukraine did not establish legal protection (combat immunity) for persons taking measures to protect the integrity and independence of Ukraine, including: military command, servicemen, volunteers of the Armed Forces, law enforcement officers, citizens of Ukraine, foreigners and persons statelessness.

Instead, for most countries of the European Union, the concept of “combat immunity” is not a new but a practical phenomenon. In this way, the military and law enforcement have the opportunity to make strategic or tactical decisions without being distracted by possible risks, which in fact strengthens the country’s defense capabilities. Consequently, the implementation of this principle in the current Ukrainian legislation meets the modern needs and military-legal practice of different countries.

However, it should be understood that the application of the principle of “combat immunity” does not lead to impunity for the above persons and they may be held liable for the execution of criminal orders and / or crimes against humanity.

What is changing?

Innovations include to some extent exemption from criminal liability for:

  • use of weapons, ammunition and / or other military equipment / property;
  • destruction or damage to property, due to the need to achieve significant goals that benefit society;
  • use of weapons to perform other defense tasks of Ukraine, the occurrence of which is unpredictable and / or covered by justified risk, except when they violate the laws and customs of war or the provisions of international treaties ratified by the Verkhovna Rada of Ukraine.

Undoubtedly, the introduction of martial law in martial law is a necessary step to minimize the risks for Ukrainian defenders.

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