Criminal liability for humanitarian aid embezzlement during war: The case of Ukraine-Reference-Cited by-同舟云学术

Criminal liability for humanitarian aid embezzlement during war: The case of Ukraine

Published:2023-05-28 Issue:77 Volume:41 Page:760-776
ISSN:2542-3185
Container-title:Cuestiones Políticas
language:es
Short-container-title:Cuest. Pol.

Author:

Kamensky Dmitriy¹^ORCID,Dudorov Oleksandr²^ORCID,Savchenko Andrii³^ORCID,Movchan Roman⁴^ORCID,Danylevska Yuliia⁵^ORCID

Affiliation:

1. Professor of the Legal Courses Department of the Berdyansk State Pedagogical University (Berdyansk, Ukraine).

2. Professor of the Department of Criminal Law Policy and Criminal Law of the Educational and Scientific Institute of Law at Taras Shevchenko National University of Kyiv (Kyiv, Ukraine).

3. Professor of the Criminal Law Department of the National Academy of Internal Affairs (Kyiv, Ukraine).

4. Professor of the Department of Constitutional, International and Criminal Law of the Donetsk National University named after Vasyl Stus (Vinnitsa, Ukraine).

5. Candidate of Legal Sciences, Senior Researcher, Head of Doctoral Studies of the Donetsk State University of Internal Affairs (Kropivnitskiy, Ukraine).

Abstract

The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.

Publisher

Universidad del Zulia

Subject

General Economics, Econometrics and Finance

Reference25 articles.

1. CORN, Geoffrey. 2010. “Mixing Apples and Hand Grenades the Logical Limit of Applying Human Rights Norms to Armed Conflict” In: Journal of International Humanitarian Legal Studies. Vol. 01, No. 01, pp. 52-94.

2. CRIMINAL CODE OF HUNGARY. 2012. Act C of 2012. Available online. In: https://www.derechos.org/intlaw/doc/hun1.html. Consultation date: 15/01/2023.

3. DANYLEVSKYI, Andrii; OLIINYK, Olena; TATAROV, Oleh; MATSIUK, Volodymyr; VASHCHUK, Olesia. 2020. “Implementation of Some Principles of Criminal Law in the Criminal Legislation of CIS Countries and Worldwide” In: Journal of Legal, Ethical and Regulatory Issues. Vol. 23, No. 02, pp. 01-08. Available online. In: https://www.abacademies.org/articles/implementation-of-some-principles-of-criminal-law-in-the-criminal-legislation-of-cis-countries-and-worldwide-9199.html. Consultation date: 17/12/22.

4. DECISION OF THE INVESTIGATING JUDGE OF THE RIVNE CITY COURT OF THE RIVNE REGION ON THE APPLICATION OF A PREVENTIVE MEASURE. 2020. Case No. 569/9987/22. Available online. In: https://reyestr.court.gov.ua/Review/106382108. Consultation date: 14/01/2023.

5. DUDOROV, Oleksandr; MOVCHAN, Roman. 2022. “Roman Criminal law ban on the illegal use of humanitarian aid: a questionable legislative amendment” In: Bulletin of the Luhansk State University of Internal Affairs named after E.O. Didorenko. No. 02, pp. 99-115.

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