EXEMPTION FROM CRIMINAL LIABILITY FOR MANUFACTURING AMMUNITION AND EXPLOSIVE DEVICES DURING WARTIME: ISSUES OF DRAFT LAW NO. 12026 AND ALTERNATIVE APPROACHES

Abstract

Introduction. The article examines current issues of exemption from criminal liability for the manufacture of ammunition and explosive devices in the context of ongoing armed aggression. The author analyzes Draft Law No. 12026, which proposes the introduction of a special ground for exemption from criminal liability for military personnel who independently manufacture such means to perform combat tasks. The relevance of the topic is due to the need to adapt criminal legislation to contemporary realities and the practical needs of national defense.

Purpose. The purpose of the study is to provide a critical analysis of the proposed amendments to Article 263-1 of the Criminal Code of Ukraine in terms of their effectiveness, as well as to substantiate the expediency of an alternative approach to the criminal law assessment of such acts through the institution of circumstances excluding criminal unlawfulness.

Materials and methods. The materials of the study include the works of domestic scholars who conduct scientific and practical research in the field of criminal liability for the illegal circulation of weapons, ammunition, explosive devices, and related issues.

The methodological basis of the study includes general scientific and special legal methods: formal-logical, systemic-structural, and comparative-legal methods, as well as the analysis of judicial practice, in particular decisions of the Supreme Court. The provisions of the current criminal and criminal procedural legislation of Ukraine are used, along with existing doctrinal approaches to the institution of exemption from criminal liability and circumstances excluding the unlawfulness of an act.

Results. The article provides arguments that the proposed special ground for exemption from criminal liability is excessively complex in application, involves a cumbersome set of conditions, and effectively requires full-scale criminal proceedings in the context of combat operations. It is substantiated that the actions of military personnel related to the manufacture of ammunition under the orders of command and for the purpose of defending the state should rather be considered as acts committed in the execution of an order or duty to defend the homeland, i.e., as circumstances excluding criminal unlawfulness. This approach is more effective, as it allows protecting defenders of Ukraine from criminal liability without excessive procedural burdens.

Discussion. A promising direction for improving legislation, as a more effective alternative, is identified as amending Article 43-1 of the Criminal Code of Ukraine by extending its scope to the manufacture of explosive devices and ammunition under combat conditions. This will ensure a proper balance between the needs of national defense and the principles of criminal law, as well as minimize the risks of bringing defenders of Ukraine to liability for actions due to wartime necessity.