Стан, структура та тенденції корисливих злочинів в умовах воєнного стану в Україні

According to the doctrine of natural law, every person has a set of inalienable and inviolable rights, including the right to life, security, freedom, equality and property. These and other natural rights are recognized in Ukraine as the highest social value and are enshrined in the Basic Law of the country. It is especially important to emphasize these rights, since during the war they become the main targets for internal and external crime, in particular as a result of the actions of the Russian aggressor. It has been established that mercenary crimes committed in conditions of martial law or a state of emergency acquire new characteristics, actually turning into a new type of crime. The article analyzes the state, structure and trends of mercenary crimes under martial law in Ukraine. It is outlined that since the introduction of martial law in Ukraine, society, in particular in the media, began to actively discuss such a shameful phenomenon as looting among Ukrainians. According to the legislation, looting is the theft of things on the battlefield that belong to the killed or wounded. It is noted that mercenary crimes should be interpreted as offenses that encroach on property and are committed by direct illegal appropriation of someone else’s property for the purpose of unjust enrichment, without using one’s position. General criminal mercenary crimes include such actions as theft (Article 185 of the Criminal Code of Ukraine), robbery (Article 186 of the Criminal Code of Ukraine), fraud (Article 190 of the Criminal Code of Ukraine), illegal appropriation of vehicles (Article 289 of the Criminal Code of Ukraine) and others. The authors concluded that the war affected not only the level and structure of crime, but also the state of criminal legislation. An aggravating circumstance was introduced into a number of criminally punishable offenses – committing actions in conditions of war or a state of emergency. This decision of the legislator led to significant changes in the nature and structure of crime. Despite these transformational processes in crime, in general, one can agree with the decision of the legislator, because any crime committed under martial law increases its dangerousness. This is due to limited resources for combating crime, which allows many offenders to avoid legal liability, causing irreparable harm to human rights and freedoms, as well as the interests of society and the state. Mercenary crimes committed under martial law or a state of emergency acquire new characteristics, actually turning into a new type of crime. The war affected not only the level and structure of crime, but also the state of criminal legislation. In March 2022, for the first time in the history of modern independent Ukraine, the legislator introduced such an aggravating circumstance as committing an act under martial law or a state of emergency into a number of crimes. Thus, criminal liability has also been increased for mercenary crimes, which occupy a dense place in the structure of general (registered) crime.