




































BANGLADESH JOURNAL OF MULTIDISCIPLINARY SCIENTIFIC RESEARCH 11(1) (2026), 13-22 

13 

        MULTIDISCIPLINARY SCIENTIFIC RESEARCH 
          BJMSR VOL 11 NO 1 (2026) P-ISSN 2687-850X E-ISSN 2687-8518 

         Available online at https://www.cribfb.com 

     Journal homepage: https://www.cribfb.com/journal/index.php/BJMSR 

                                                                                                                                                                                                    Published by CRIBFB, USA 
                                                                                                                              

CRIMINAL OFFENCE DURING MARTIAL LAW IN UKRAINE: 

PECULIARITIES OF QUALIFICATION             

             
 Olena Sasko  (a)1   Hanna Shvedova (b)  Kostiantyn Orobets (c)   Ruslan Ovcharenko (d)   Oleksandr 

Ostapenko (e) 
 

(a)Associate Professor, Department of Criminal Justice and Law Enforcement, Faculty of Law, Lesya Ukrainka Volyn National University, Lutsk, Ukraine; 

E-mail: Olena_Sasko@ukr.net 
(b)Associate Professor, Department of Legal Support of Business Security, Faculty of International Trade and Law, State University of Trade and 

Economics, Kyiv, Ukraine; E-mail: shvedova777@ukr.net 
(c)Assistant Professor, Department of Criminal Law Policy, Yaroslav Mudryi National Law University, Kharkiv, Ukraine; E-mail: k.m.orobec@nlu.edu.ua 
 (d)Professor, Department of Public Administration, Educational and Scientific Institute of Management, Economics and Business, Interregional Academy 

of Personnel Management, Kyiv, Ukraine; E-mail: Dnevnoi_dozor@ukr.net 
(e)Associate Professor, Department of Public Law Disciplines, Faculty of Law, Public Administration and Management, Vinnytsia Mykhailo Kotsiubynskyi 

State Pedagogical University, Vinnytsia, Ukraine; E-mail: ostapenko9@outlook.com 

 

 
A R T I C L E I N F O 

 
 

Article History: 

 

Received: 20th June 2025 
Reviewed & Revised: 20th June 2025 

to 28th September 2025 

Accepted: 30th September 2025 

Published: 7th October 2025 

 
Keywords: 

 

Criminal Law, Martial Law, Case, Sabotage, 

Treason 

 
JEL Classification Codes: 

 

      K14, K33, K38 

 

      Peer-Review Model:  

 

      External peer review was done through  
      double-blind method.        

 
A B S T R A C T      
 

The introduction of martial law in Ukraine has fundamentally altered the conditions of criminal 
proceedings, exposing the urgent need to adapt national legislation to wartime realities. The rapid 

escalation of armed conflict has created legal challenges related to the qualification of criminal offenses, 

particularly those classified as war crimes, and raised concerns regarding compliance with 

international standards. The purpose of this study is to examine how martial law affects the qualification 

of criminal offenses and to identify the main problems in applying the relevant provisions of the Criminal 

Procedure Code of Ukraine. The analysis is based on national legal acts, amendments adopted after 

February 2022, and judicial practice concerning crimes against national security and war crimes. The 

study employs the PRISMA methodology for systematic literature selection and integrates analytical, 
synthetic, comparative, and thematic approaches to ensure comprehensive coverage of the subject. The 

results reveal a marked increase in crimes against national security, peace, and human rights during 

the period of martial law, with the official statistics indicating a growth of over 40% in registered 

offenses of this category compared to the pre-war period. Judicial practice consistently demonstrates 

persistent difficulties in applying provisions related to war crimes, including inconsistent interpretations 

of legal norms and delays in adjudication. The findings also highlight gaps in adapting criminal 

legislation to wartime conditions. In conclusion, the study offers a systematic examination of the 
characteristics of criminal qualification under martial law, confirming both quantitative increases in 

wartime offenses and significant legal inconsistencies that warrant further scholarly attention. 

 
 

© 2025 by the authors. Licensee CRIBFB, USA. This open-access article is distributed under the 
terms and conditions of the Creative Commons Attribution (CC BY) license 
(http://creativecommons.org/licenses/by/4.0).  

            

       

INTRODUCTION 

Significant changes in the way the legal system operates, especially in criminal justice, have resulted from Russia's massive 

2022 attack against Ukraine. The country's criminogenic situation has changed dramatically since martial law was 

implemented in response to the escalation of hostilities. It has also placed new obligations and limits on official institutions. 

According to mounting research, wartime circumstances lead to an increase in crimes against human rights, peace, and 

national security, necessitating a review of current legal frameworks (Sayed, 2023). The importance of researching how 

Ukrainian criminal law and judicial practice change under martial law is underscored by the need to ensure the efficient 

classification of such offenses. 

Existing criminal law rules, created during peacetime, and the intricate reality of armed conflict are incompatible, 

presenting a significant challenge. There are inadequacies in the current judicial system's control of wartime offenses, 

especially when it comes to collaborationist activities, illicit weapon trafficking, looting, and war crimes (Vynnyk & 

Hazdayka-Vasylyshyn, 2023). Furthermore, the application of both national and international humanitarian law is hampered 

by judicial practice, making it more difficult to prosecute offenders (Anisimova et al., 2023). These inconsistencies 

                                                      
1Corresponding author: ORCID ID: 0000-0003-3919-2233 

© 2025 by the authors. Hosting by CRIBFB. Peer review under responsibility of CRIBFB, USA.  

https://doi.org/10.46281/bjmsr.v11i1.2658 

 
To cite this article: Sasko, O., Shvedova, H., Orobets, K., Ovcharenko, R., & Ostapenko, O. (2025). CRIMINAL OFFENCE DURING MARTIAL LAW 

IN UKRAINE: PECULIARITIES OF QUALIFICATION. Bangladesh Journal of Multidisciplinary Scientific Research, 11(1), 13-22. 

https://doi.org/10.46281/bjmsr.v11i1.2658 

http://creativecommons.org/licenses/by/4.0/)
http://creativecommons.org/licenses/by/4.0/)
https://www.openaccess.nl/en
https://doi.org/10.46281/bjmsr.v11i1.2658
https://orcid.org/0000-0003-3919-2233
https://orcid.org/0000-0002-0652-8493
https://orcid.org/0000-0001-8783-3950
https://orcid.org/0000-0002-4540-0521
https://orcid.org/0000-0003-1158-0146


Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

14 

underscore the pressing need for a methodical examination of the legal definition of crimes committed during martial law, 

considering both domestic and international perspectives. 

In addition to domestic efforts to pursue war crimes, a recent study highlights the growing significance of 

international accountability mechanisms, such as the authority of the International Criminal Court. Official figures indicate 

that the number of crimes involving illegal arms trafficking and sabotage has increased by 40–50% since the pre-war era, 

while empirical research also reveals a dramatic increase in these crimes (Janssen & Caranta, 2023; Shevchuk et al., 2023). 

Researchers further emphasize that, although new rules were added to the Ukrainian Criminal Procedure Code through 

legislative modifications in 2022–2024, their actual application remains uneven (Maurer, 2021; Trach et al., 2020). To 

identify patterns and emerging trends in the classification of wartime crimes, the scientific community requires an integrated 

strategy that combines doctrinal legal research with an examination of judicial practice. 

The methodological basis of this article involves the use of analytical, comparative, and thematic approaches, 

complemented by elements of systematic review in line with PRISMA principles, which allows for the integration of diverse 

scholarly findings. 

The purpose of this study is to provide a systematic assessment of the qualification of criminal offenses committed 

under martial law in Ukraine, identifying both the quantitative growth of wartime crimes and the qualitative challenges of 

their legal classification. The article addresses several interrelated tasks: (1) to outline the main transformations in criminal 

law and criminal procedure introduced after February 2022; (2) to analyze judicial practice regarding crimes against national 

security and war crimes; (3) to reveal the contradictions between Ukrainian legislation and international humanitarian law; 

and (4) to summarize the key legal gaps that require further scholarly attention. 

The article's structure is as follows. The criminogenic dynamics in Ukraine under martial law, as well as the types 

of crimes that have become more severe, are examined in the first section. Legislative changes and their effects on criminal 

qualification are the subject of the second section. The judicial process and the challenges of applying criminal laws to war 

crimes are examined in the third section. A summary of the results is provided in the final section, highlighting the broader 

theoretical and practical aspects of criminal justice during times of conflict. 

 

LITERATURE REVIEW 

The issue of criminal qualification during martial law has been the subject of increasing scholarly attention, especially in 

the context of the ongoing Russian aggression against Ukraine. Recent studies highlight the need to adapt criminal 

legislation, judicial practice, and evidence collection procedures to wartime conditions, as well as to integrate national and 

international legal standards. 

Particularly in light of martial law and the nation's ongoing European integration process, the adaptation of 

Ukrainian criminal law to European and international legal standards has become a significant area of study in recent years. 

Experts noted the importance of adapting criminal legislation to the new conditions of martial law in Ukraine. They 

examined the peculiarities of providing evidence in the context of hostilities and in territories de-occupied by the Ukrainian 

military (Anisimova et al., 2023), analyzing existing case law, decisions, and legal justifications. Attention was also drawn 

to individual lawyer practices – since an offence requires proof, the work of lawyers in defending their clients also requires 

certain specific features (Bershov et al., 2022), as the lack of the right to defence also does not contribute to the observance 

of human rights. On the other hand, researchers have analyzed the legal framework that guides investigative bodies and 

police structures in analyzing, classifying, and verifying committed offenses (Drok, 2024; Kamensky et al., 2023). Relevant 

changes to the existing legal framework formed the basis for organizing criminal proceedings and were duly recorded in the 

Criminal Code of Ukraine (Criminal Code of Ukraine, 2025). Specific innovations in the organisation of criminal 

proceedings, including the enforcement of court decisions in absentia, are highlighted through a comparative analysis 

(Bondarenko et al., 2022). As a result, the use of specific legal provisions has become more transparent and legally justified. 

This indicates that criminal justice reform in Ukraine is simultaneously a response to wartime realities and a step toward 

deeper legal harmonization with the EU. 

According to recent studies, the introduction of martial law has significantly impacted Ukraine's criminal justice 

system, necessitating substantial adjustments to the laws and methods for obtaining evidence in both de-occupied and 

conflict-affected areas. Experts have cited individual cases of the application of international law and decisions of 

international courts regarding the punishment for crimes committed during martial law (Ablamskyi et al., 2023; Mazur et 

al., 2023). Such conclusions are significant because they align with Ukraine's current aspirations for European integration. 

Necessary reforms in the field of criminal justice are also caused by the need to adapt Ukrainian legislation to the norms of 

the European Union. This process does not cancel the martial law but goes hand in hand with responding to the criminal 

challenges posed by Russia's aggression against Ukraine. Researchers have noted that this complicates the reform of 

legislation, as it requires additional requirements to be considered (Szupjana & Burdin, 2023). At the same time, other 

scholars emphasise that changes are necessary, and the opportunity to implement appropriate innovative solutions for 

Ukrainian legislation during martial law is quite favourable: a specific 'shock condition' allows for the integration of new 

provisions into the legislation quite quickly (Husieva et al., 2023; Khan et al., 2023). Openness to reforming criminal law 

is also noted as a positive feature in European studies, which also emphasize the need for reforms and open cooperation 

between Ukraine's institutions and the EU (Janssen & Caranta, 2023). These studies have opened up opportunities for further 

interpretation of the importance of innovations to criminal legislation, which should be aimed at addressing the current 

challenges of organizing criminal proceedings during martial law and adapting the Ukrainian legal framework to European 

norms. This body of research highlights that evidence collection under wartime conditions demands both flexibility of 

procedures and strict adherence to legal guarantees. 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

15 

The introduction of martial law in Ukraine has led to significant changes in criminal legislation, aimed at both 

strengthening liability for wartime offenses and establishing new mechanisms of legal protection. Recent scholarship has 

examined the package of legislative acts adopted in Ukraine to strengthen criminal liability during martial law. Researchers 

emphasise that the legal regime of martial law is characterised by specific regulations, which, along with the temporary 

restriction of certain constitutional rights and freedoms, introduce new mechanisms of criminal law to counter collaboration, 

the dissemination of information in support of the aggressor state, crimes against national security, and looting (Dzhelilova, 

2023; Vuletić, 2021). An important aspect in this context is the recognition of circumstances that exclude criminal illegality 

and provide combat immunity, which are critical under wartime conditions (Kamensky et al., 2023; Maksymovych & 

Bronevytska, 2023). Key legislative changes supplemented the Criminal Code with Article 43-1, “Fulfillment of the duty to 

protect the Motherland, independence and territorial integrity of Ukraine”, as well as with a transitional provision clarifying 

that civilians are not criminally liable for the lawful use of firearms against armed aggressors. Overall, scholars agree that 

Ukraine’s criminal law institutions require systematic improvement in both directions: the criminalization of new offenses 

emerging under martial law, and the decriminalization of those provisions that no longer reflect the realities of wartime 

justice (Hretsa et al., 2022; Wilmshurst, 2017). The overarching mission of modern Ukrainian criminal law is defined as 

ensuring the protection of life and health, safeguarding peace and security, and countering crimes committed in the context 

of Russia’s aggression (Bershov et al., 2022; Janssen & Caranta, 2023). 

The legislative framework governing police institutions and investigative agencies is the subject of another 

significant line of study. It emphasizes that the amended sections of the Criminal Code serve as the cornerstone for 

structuring criminal procedures during a state of martial law. Scholars stress the vital importance of legal defense during 

times of conflict, in addition to legislative improvements, emphasizing that maintaining sufficient defense mechanisms, 

even in the face of extreme circumstances, is essential to the adequate protection of human rights (Shevchuk et al., 2023). 

The specific topic of the development of the qualification of criminal offences during martial law in Ukraine is also an 

object of discussion in legal science. Scholars analyze the issues related to the peculiarities of criminal liability in times of 

military conflict, the relevant transformations in the system of law application and regulation, the specific relationship 

between Ukrainian and international law, the implementation of international conventions, and other related matters. The 

primary source for studying this issue is also the Criminal Code of Ukraine (Criminal Code of Ukraine, 2025), as well as 

certain scientific commentaries on it. For example, changes to the general provisions on criminal liability and the specifics 

of applying the norms under martial law have been identified (Popov et al., 2025; Stupnyk, 2024). Against this background, 

the issue of distinguishing and more clearly defining crimes that pose a threat to national security, such as sabotage, treason, 

and war propaganda, has become increasingly relevant during the Russian military aggression (Orlovskyi et al., 2023; Popov 

et al., 2025). Additionally, it is worth noting the significant scientific research devoted to international criminal law. 

Perepelytsia (2024) studied the problem of liability for war crimes in accordance with the current Rome Statute and the 

jurisdiction of the International Criminal Court. The findings are relevant for understanding the further reform and 

adaptation of Ukrainian legislation to the existing norms of international standards and legal acts in the field of criminal 

prosecution (including military criminal offences). Thus, the institution of defense remains an essential safeguard for 

balancing state security needs and individual rights during a state of martial law. 

Particularly in light of martial law and the nation's ongoing European integration process, the adaptation of 

Ukrainian criminal law to European and international legal standards has become a significant area of study in recent years. 

The study of criminal offences also encompasses terminological and comparative studies, examining them through the prism 

of military conflict and contemporary changes. Analysed the specifics of the qualification of crimes committed during the 

war (including genocidal practices) and the mechanisms of their legal investigation under international law. Particular 

attention is also paid to the challenges of collecting evidence during wartime and the use of confessions obtained from 

prisoners or under stressful situations (Gorinov & Mereniuk, 2022). An important aspect of such research has also been the 

identification of the role of international organisations in documenting crimes. In general, scholars and law enforcement 

specialists have formulated a general idea of the importance and peculiarities of classifying criminal offences during martial 

law. However, there is a need for further consideration of the legal aspects, including the search for recommendations for 

amendments to the current legislation, court practices, and the joint interaction of national and international legal 

mechanisms, as well as the further improvement of possibilities for international investigations and the prosecution of 

criminals. Overall, scholars agree that the reform of investigative practices has increased clarity in criminal proceedings, 

though practical challenges persist. 

In summary, the literature suggests a growing consensus on the urgent need to adapt Ukrainian criminal legislation 

and judicial practice to the realities of martial law, while also acknowledging persistent gaps in harmonization with 

international legal standards. However, existing studies often remain fragmented, leaving open questions about the systemic 

qualification of wartime offenses. 

 

MATERIALS AND METHODS 
Research design  
The work employs a qualitative approach, specifically the case study method, which enables a detailed analysis of individual 

cases of criminal offenses during martial law in Ukraine. This approach was chosen from the perspective that it provides an 

opportunity to describe and analyze in detail the specific features of qualifying criminal offences in real circumstances. 

Additionally, through the analysis of specific cases, it is possible to identify patterns and problems in law enforcement and 

determine the practical aspects of processes and decision-making. The case study also allows for a comparison of different 

cases. For this reason, the study will outline general trends and possible directions for improving legal practice. The outlined 

methodological approach is determined by the need to study the features of qualifying offences in specific situations, which, 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

16 

in general, will affect the formation of scientifically sound conclusions. 

The materials in the study were included based on the use of criterion sampling. Explicit criteria for including and 

excluding sources were formed. The inclusion criteria pertained to laws, scientific articles, and publications that addressed 

the primary legal aspects of qualifying criminal offences during martial law, as well as documents or reports containing 

information about specific cases of criminal offences. At the same time, the inclusion criteria were based on the 

inconsistency of the research topic. Works with an insufficient methodological base and non-reviewed materials were also 

excluded. Table 1 provides a detailed description of the main criteria for including and excluding sources. 

 

Table 1. Criteria for including and excluding sources 

 
Inclusion criteria Articles and laws that describe key legal aspects of the qualification of criminal offences during martial law. 

Scientific articles published in leading peer-reviewed journals. 
Reports are official documents that define specific cases of criminal offences. 

Language of writing: Ukrainian, English. In the case of including Ukrainian-language sources, annotations must be in English. 

Exclusion 

criteria 

Articles, reports, and laws that do not relate to the selected research problem. 

Duplicates without original analysis. 

Works with an unproven and undescribed methodological basis of the research. 
Non-peer-reviewed materials. 

Articles, reports, and analytical materials written in languages other than English and Ukrainian. 

 

Thus, the study relies on several key sources of information. It draws primarily on regulatory documents and 

legislative acts that govern the qualification of criminal offenses during martial law, including the Criminal Code of Ukraine 

and specific specialized laws. In addition, it uses reports and analytical materials related to war crimes to provide practical 

and contextual insights. The study also incorporates scientific articles and sections from collective monographs that examine 

the distinctive features of qualifying crimes committed in wartime conditions. Together, these materials form the legal and 

analytical foundation for the research. 

 

Data collection procedure 

To collect and systematize data, the scientifically sound PRISMA methodology was employed, which involved searching 

for relevant publications in scientific databases, an initial screening, and a comprehensive analysis of the selected materials. 

Therefore, scientometric databases were initially selected: Scopus, Web of Science, Google Scholar, and HeinOnline. The 

following keywords were entered into the search queries of these databases: criminal offence OR crime; martial law OR 

war OR legal regime of martial law; qualification of crimes OR description of crimes OR characteristics of crimes. Table 2 

shows the keywords used to search for sources. 

 

Table 2. Key words to search for sources 

 
Keywords Synonyms 

Criminal offence Criminal offence, crime, criminal law offence 

Martial law War, martial law, legal regime 

Crime qualification Description of crimes, characteristics of crimes 

 

These databases were selected because they contain peer-reviewed materials and publications that are relevant to the 

chosen research topic. A total of 2378 results were obtained. After searching for relevant publications, primary screening 

was carried out, and all duplicates were rejected (n = 589). Next, the sources were screened based on an analysis of titles, 

abstracts, and keywords, and all inappropriate items were rejected (n =-795). After that, a comprehensive analysis of the 

selected sources for their relevance to the research objectives was conducted, and all studies unrelated to the analysis of 

criminal offenses during martial law in Ukraine were excluded (n = 311). As a result, 683 results were obtained, which were 

subjected to the preliminary inclusion criteria. In total, four inclusion criteria were formed: 1. The study should describe the 

key legal aspects of the qualification of criminal offences during martial law; 2. All materials should be published in leading 

peer-reviewed journals. 3. The research should identify specific cases of criminal offences. 4. Language of writing: 

Ukrainian, English. 

 

Data Analysis  

Data analysis was carried out using thematic and comparative analysis methods. Thematic analysis was carried out using 

Google Sheets software. This software was chosen based on its ease of use and ability to process data quickly. The table of 

this program contains data such as the author or law, year of publication, the last year of changes, main criminal offences, 

and key conclusions. This made it possible to systematise the data and identify key themes. Based on thematic analysis, the 

main law enforcement problems that arise during the qualification of crimes were also determined. Based on comparative 

analysis, the data obtained were compared with the results of other scientists. Additionally, this method enabled the 

comparison of criminal offenses with similar offenses in other countries that had experienced war. 

 

 

 

 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

17 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1. Data Collection Process and Materials Identification 

 

RESULTS 

Criminal proceedings under martial law are conducted in accordance with the uniform regime outlined in Article 615 of the 

Criminal Procedure Code of Ukraine. Several issues related to the intricacies of pre-trial investigation and court 

consideration of criminal proceedings arise in the practical application of this article's provisions by the courts. There has 

also been an increase in the number of criminal proceedings for crimes against the foundations of Ukraine's national security, 

military criminal offences, crimes against peace, human security, and international law. Additionally, new articles have been 

added to these sections of the Criminal Code of Ukraine, as well as amendments to specific existing articles (Criminal Code 

of Ukraine, 2025). As a result, there are concerns about the peculiarities of their qualification, the boundaries of corpus 

delicti, etc. 

Maximum attention should be paid to the qualification of a crime if the circumstances of the offence committed 

'under martial law' influence its qualification (Kozlovskyi et al., 2023). In this sense, the definition of 'martial law' should 

provide a clear path to examine the legal characteristics, such as the place, time, and circumstances, of the offense. This 

issue is particularly relevant in the case of ongoing crimes. A significant part of military criminal offences under the Criminal 

Code of Ukraine are formal crimes, which are defined as crimes committed during martial law. These include desertion 

(Article 408(4) of the Criminal Code of Ukraine), evasion of military service by self-mutilation or other means (Article 

409(4) of the Criminal Code of Ukraine), and unauthorised leaving of a military unit or place of service (Article 407(5) of 

the Criminal Code of Ukraine) (Criminal Code of Ukraine, 2025). 

In addition to the usual legal ramifications, the declaration of martial law may have additional legal repercussions, 

including criminal ones. To secure the foundations of national security and guarantee that the established military service 

system is shielded from any potential criminal invasions under martial law, effective management of criminal law 

  
  

 

 

Records identified from: 
Databases (n = 

2378) 

 

Records removed before screening: 
Duplicate 

records removed (n = 589) 

 

Records screened 
(n = 1789) 

Records excluded by analysis title, 

keywords, and abstracts 
(n = 795) 

Reports sought for retrieval 
(n = 994) Reports not retrieved 

(n = 311) 

Reports assessed for eligibility (n = 

683) 
(n = 683) Reports excluded: 

С.1 (n = 126) 
С. 2 (n = 289) 
С. 3 (n = 45) 
С. 4 (n = 176) 

 

Studies included in the review 
(n = 47) 

 

Identification of studies via databases and registers 

Id
e

n
ti

fi
c
a
ti

o
n
 

S
c
re

e
n

in
g
 

 
In

c
lu

d
e

d
 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

18 

interactions is currently necessary. The requirements of the General and Special Parts of the Ukrainian Criminal Code 

govern these legal relationships. Accordingly, the commission of a crime under martial law, emergency, or other 

extraordinary circumstances is a situation that results in a more severe sentence, as stipulated in Clause 11 of Part 1 of 

Article 67 of the Criminal Code of Ukraine (Criminal Code of Ukraine, 2025). This suggests that the criminal took advantage 

of the most adverse period for society, characterized by challenging circumstances and poor living conditions, to carry out 

the crime. This confirms the existence of a larger public risk associated with this individual and allows for the assertion of 

an increased level of public danger from crimes committed during martial law (Criminal Code of Ukraine, 2025). Given the 

creation of circumstances that exclude the criminal unlawfulness of an act and, in some cases, may have signs of extreme 

necessity, these acts cannot be recognised as crimes if the restriction of constitutional rights or freedoms of a person occurred 

lawfully under martial law and if there are external signs of a crime under the Criminal Code of Ukraine. 

The analysis of the criminal case in the Rivne court revealed that the defendant was charged with voluntary 

cooperation with the Russian occupiers (obtaining a position in the occupation administration), which, according to the 

Criminal Code of Ukraine, constitutes collaboration. The key point was to consider personal intent, i.e., an entirely voluntary 

consent to cooperate (Rivne City Court of Rivne Region, 2024). The court found that the defendant had been duly notified. 

The pre-trial investigation established that the cooperation was voluntary, for which the photo and video materials were 

used. 

Although the lawyer claimed that the evidence was insufficient, the court found the materials obtained sufficient 

(Rivne City Court of Rivne Region, 2024). According to the verdict, the collaborator was sentenced to 15 years in prison 

with confiscation of property in favour of the state. A potential problem in the evidence was the lack of secure evidence that 

would have proved the voluntary nature of the position. The court measured the general circumstances but may not have 

considered whether the person was really acting under duress. 

Another case demonstrates the use of modern communication technologies to recruit saboteurs. This case involves 

a set of signs indicating a criminal offense that can be qualified as sabotage (Article 113 of the Criminal Code of Ukraine), 

as well as the involvement of minors in criminal activity (Article 304 of the Criminal Code of Ukraine). The recruited minor, 

a resident of the Mykolaiv region, was supposed to set fire to a railway relay cabinet; the recruiters involved the minor in 

the commission of the criminal offenses and promised to pay for it (Art. 113, Art. 304, Art. 194(2), Art. 258-5, Art. 14, Art. 

27). As a result of a plea bargain, the defendant pleaded guilty, cooperated with the investigation, and was sentenced to 5 

years' imprisonment with a probationary period of 2 years (Rivne City Court of Rivne Region, 2024). This case exemplifies 

organized criminal activity involving digital technologies and the participation of minors, necessitating a specialized 

approach to qualification and investigation. 

The analysis of the cases indicates that Russian aggression has actualised specific criminal offences that do not 

occur in peacetime. The recruitment and use of collaborators at various levels are crucial aspects for legal analysis. In this 

regard, there are grounds for considering such aspects as the establishment of voluntary cooperation, the actual commission 

of a crime or only intent, and the classification of the crime in accordance with the current Criminal Code of Ukraine. It is 

important that judges consider the circumstances (voluntary plea), and investigative authorities collect evidence using digital 

technologies. At the same time, certain elements require improvement. First, we are discussing the legislative aspects of 

regulating the collection of evidence, which aims to clarify the identification of collaboration as a criminal act. 

The analyzed cases allow us to formulate separate recommendations for the further development of criminal law 

and its application in martial law (see Table 3). 

 

Table 3. Recommendations for the Development of Criminal Law Enforcement in Ukraine 

 
№ Recommendations Description 

1 Development of the legislative 

framework 

Amendments to the Criminal Code of Ukraine are proposed to clarify the definition of crimes that are 

particularly socially dangerous under martial law (primarily looting, collaboration, and treason). It is 
possible to utilize available international experience, UN recommendations, and the existing practices 

of the International Criminal Tribunal, among others. 

To use a more differentiated approach to defining crimes related to collaboration, to distinguish 
between voluntary and forced cooperation, the degree of coercion, personal gain, etc. 

Develop legislative norms governing the use of the Rome Statute of International Criminal Law for 

the prosecution of international crimes. 
It is also clear that there is a need for an improved legal mechanism for witness protection. 

2 Practical improvement Developing updated instructions for investigators, police officers, judges, and prosecutors that would 

consider the practical peculiarities of organising the investigative process during martial law. A 
possible addition would be to utilize the best practices of European countries and NATO standards 

for addressing crises. 

It is also important to create and recognise at the legislative level special conditions for the work of 
specialised units to investigate crimes committed during martial law, with the possible use of experts 

in international humanitarian law. 

3 Focus on increasing the efficiency 
of investigations 

One of the practical tools is the use of modern, innovative technologies for documenting military 
criminal offenses, including satellite monitoring and blockchain technologies. To this end, it is 

possible to strengthen the existing interagency cooperation between individual law enforcement 

agencies, military administrations, and the army administration. 
4 Educational component The implementation of criminal legal activities under martial law requires changes to existing legal 

training programs. There is a need for further training of judges, prosecutors, and investigators to 

enhance their qualifications in investigating military criminal offences. A possible option is special 
training involving, among others, international specialists. 

Source: compiled by the authors based on Amanbayeva et al. (2022); Haltsova et al. (2024); Kryvoruchko et al. (2023); Lavrov et al. (2022); Rakipova et 

al. (2023); Vynnyk and Hazdayka-Vasylyshyn (2023) 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

19 

The application of these recommendations will significantly increase the effectiveness of combating criminal 

offenses during martial law (Safarli et al., 2024). It is worth emphasizing the importance of further adapting Ukrainian 

legislation to international, including European, standards. 

 

DISCUSSIONS 

Given the primary research problem, namely, the analysis of the peculiarities of qualifying criminal offenses committed 

during martial law in Ukraine, considering both national and international legislation. The first research question concerned 

the identification of the main changes in criminal law that were proposed and implemented because of martial law. The 

results show that criminal proceedings under martial law are conducted under a special regime in accordance with Article 

615 of the CPC of Ukraine. The article indicates that the number of criminal proceedings for crimes against the foundations 

of national security of Ukraine, military criminal offences, crimes against peace, human security, and international law has 

increased. Studies by other scholars have confirmed the fact of an increase in the number of criminal proceedings, however, 

in relation to treason and collaboration. Contemporary authors have noted that the implementation of martial law has 

highlighted the need to refine criminal law, particularly in terms of liability for collaboration (Babikov et al., 2024; 

Dzhelilova, 2023; Hretsa et al., 2022). However, there are some controversial issues. For example, some researchers have 

acknowledged that the amendments to the CC of Ukraine adopted in wartime were generally characterised by a hasty nature 

(Babikov et al., 2024; Dzhelilova, 2023; Maurer, 2021). This, in turn, has led to contradictions in law enforcement. 

It is noted that effective management of criminal law interactions is necessary to maintain the national security 

base and ensure that the established military service system is protected from potential criminal intrusions. However, the 

findings also indicated that the judicial process faces difficulties in applying the provisions of the Criminal Code on war 

crimes and military criminal offences. This is especially true for the qualification of ongoing crimes. These views are also 

consistent with other studies. In particular, the authors agreed that the primary reason for the difficulty of law enforcement 

is the lack of a well-developed methodology for classifying crimes (Osadcha & Kharytonov, 2022). At the same time, 

Maksymovych & Bronevytska (2023) and Pylypenko et al. (2021) also emphasised the important need to consider 

international standards, which should also apply to international humanitarian law. However, some authors believe that the 

main difficulties are not based on the qualification process but on the insufficient level of training of judges and investigators, 

who lack sufficient experience in such categories of cases (Devterov et al., 2024; Kravtsov et al., 2024). 

Therefore, some scholars propose paying attention to more professional training of specialists and recognizing that 

it is necessary to develop specialized training programs for military law investigators and judges (Kaldygozova, 2024; Järvis, 

2023; Newhouse et al., 2017). Scholars emphasise that the training of military law investigators and judges should be based 

on the use of modern technologies and teaching methods (Catota et al., 2019; Kaldygozova, 2024; Shevchuk, 2023). 

However, the authors unanimously agree that an effective system of managing criminal law interactions is currently needed 

to preserve the national security base and ensure that the established system of military service is protected (Fazekas et al., 

2022; Vuletić, 2021). 

This study also proposed some recommended solutions and recommendations to improve the mechanisms for 

qualifying crimes in the context of armed military conflict. Amendments to the Criminal Code of Ukraine should be 

introduced to more clearly define the elements of crimes (Maksymovych & Bronevytska, 2023). Another important aspect 

is the need to form specialised units in law enforcement agencies to investigate modern crimes. Equally important is the 

optimisation of the process of qualifying criminal offences by engaging experts in international criminal law and military 

affairs. 

The analysis also determined that to ensure the correct qualification of wartime crimes, the circumstances, 

including the place, time, and situational factors of the crime, should be clearly defined. Other scholars have also pointed 

out that the key challenges are not only defining martial law in the criminal law of Ukraine but also clearly defining the 

boundaries between general and military criminal offences (Khovpun et al., 2024; Maksymovych & Bronevytska, 2023). 

This aspect was also emphasised by authors who studied the criminal law of other countries (Ochodničanová & Heys, 2024; 

Thynne, 2021; Wilmshurst, 2017). Therefore, the results obtained highlighted some significant issues in criminal law 

enforcement during martial law, and the identified difficulties were also confirmed in the studies of other scholars. The 

practical value of this study lies in the optimisation of law enforcement. In particular, the analysis helped identify 

problematic aspects of qualifying crimes during a state of martial law. In the future, the study may be helpful for judges, 

investigators, and prosecutors. Additionally, the conclusions regarding the adaptation of Ukrainian legislation to 

international standards may be crucial for the development of future strategies for cooperation with international judicial 

bodies. The theoretical value of the work lies in its contribution to the development of criminal law science. It has expanded 

the scientific understanding of the peculiarities of law enforcement in wartime. At the same time, the above discussion on 

the qualification of crimes in wartime contributes to the formation of the basis for future research in the field of military 

criminal law. 

However, despite the theoretical and practical value of the study, it is worthwhile to identify some methodological 

limitations in the work. Since the focus of the study was on the realities of the criminal law in Ukraine, the researchers did 

not analyze the identification of criminal offences in other countries that have experienced wars or conflicts. Additionally, 

the study relied exclusively on English-language literature, with a small percentage of Ukrainian-language works. However, 

works written in other languages were ignored entirely. These limitations open new directions for research. In the future, 

attention should be paid to conducting a comparative analysis of the process of qualifying a criminal offence during martial 

law in other countries and describing successful practices. 

 



Sasko et al., Bangladesh Journal of Multidisciplinary Scientific Research 11(1) (2026), 13-22

 

20 

CONCLUSIONS  

The purpose of this study was to provide a systematic analysis of the qualification of criminal offenses committed during 

martial law in Ukraine, with particular emphasis on the interplay between national criminal law and international 

humanitarian standards. The research demonstrated that Russian military aggression has fundamentally transformed the 

legal environment, requiring the adaptation of Ukrainian criminal legislation to contemporary wartime realities. The analysis 

revealed a marked increase in criminal proceedings related to crimes against national security, military criminal offenses, 

crimes against peace, and war crimes, which are now prosecuted under a special regime defined by Article 615 of the 

Criminal Procedure Code of Ukraine. At the same time, judicial practice continues to face difficulties in applying provisions 

of the Criminal Code to war crimes, reflecting both procedural challenges and interpretative inconsistencies. 

The originality of this article lies in its comprehensive approach, which combines doctrinal legal analysis with an 

examination of judicial practice to identify legal gaps and inconsistencies in wartime criminal qualification. By integrating 

national and international perspectives, the study provides new insights into how Ukrainian legislation functions under 

conditions of martial law and how it interacts with global standards of accountability. 

The findings carry both theoretical and practical implications. Theoretically, the article contributes to the 

development of military criminal law as a distinct area of research by clarifying the criteria for the correct qualification of 

wartime crimes. Practically, it underlines the importance of effective coordination between law enforcement bodies, courts, 

and international judicial institutions in ensuring accountability for wartime offenses. The results highlight that a precise 

definition of circumstances such as place, time, and situational factors is indispensable for accurate legal qualification, which 

in turn has direct implications for judicial decision-making and sentencing. 

The study, however, is limited by its exclusive focus on the Ukrainian legal system and by the reliance on national 

legislative sources and judicial practice. While this provides an in-depth view of the Ukrainian context, it restricts the 

generalizability of the results to broader comparative frameworks. 

Future research should expand the scope by incorporating comparative perspectives from other countries 

experiencing armed conflicts, as well as empirical data on judicial decision-making in war crimes cases. Further exploration 

of the interaction between Ukrainian law and the jurisdiction of international courts, particularly the International Criminal 

Court, would also provide a valuable direction for scholarly inquiry. 
 

 

Author Contributions: Conceptualization, O.S. and H.S.; Methodology, K.O.; Software, R.O.; Validation, O.S., H.S. and O.O.; Formal Analysis, K.O.; 

Investigation, O.S.; Resources, O.S.; Data Curation, H.S.; Writing – Original Draft Preparation, O.S.; Writing – Review & Editing, H.S.; Visualization, 

R.O.; Supervision, O.O.; Project Administration, K.O.; Funding Acquisition, O.O. Authors have read and agreed to the published version of the manuscript. 
Institutional Review Board Statement: Ethical review and approval were waived for this study, due to that the research does not deal with vulnerable 

groups or sensitive issues. 

Funding: The authors received no direct funding for this research. 
Acknowledgments: The authors have no acknowledgments to declare. 

Informed Consent Statement: Informed consent was obtained from all subjects involved in the study. 

Data Availability Statement: The data presented in this study are available on request from the corresponding author. The data are not publicly available 
due to restrictions. 

Conflicts of Interest: The authors declare no conflict of interest. 

                                                                                                                                                                                                                                        
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