Бойовий імунітет: зміни до законодавства України

The article is devoted to the analysis of legislative changes regarding the introduction of the principle (institution) of combat immunity into Ukrainian legislation. It is established that for the first time at the legislative level this legal institution was introduced by the Law of Ukraine dated March 15, 2022 No. 2124-ИХ. The material examines in detail the amendments to the Criminal Code of Ukraine, the Law of Ukraine “On the Defense of Ukraine”, as well as the Law of Ukraine “On the Legal Regime of Martial Law”. The specified regulatory legal acts define the concept of combat immunity, subjects and mechanisms of its application. The international experience of applying similar legal institutions is studied, in particular the practice of the United States of America and Great Britain. The categories of persons to whom combat immunity applies are analyzed, namely: military personnel, members of volunteer territorial defense formations, law enforcement officers and civilians involved in the defense of the country. Particular attention is paid to the distinction between the exclusion of criminal wrongfulness of acts and exemption from criminal liability. It is emphasized that combat immunity is not absolute and does not apply to cases of violation of international law, laws and customs of warfare. An important emphasis is placed on the fact that liability is not imposed if the damage and consequences were caused by factors that objectively could not be taken into account or foreseen even with reasonable care in the process of planning and implementing the relevant actions. The article also highlights certain gaps and inaccuracies in the legislation, in particular regarding the storage of weapons and ammunition, and suggests ways to improve the legal regulation of the institution of combat immunity. It is found that the introduction of the institution of combat immunity in the context of large-scale armed aggression of the Russian Federation against Ukraine is urgent and necessary. The strategic importance of implementing the principle of combat immunity is emphasized to ensure defense capability, effective protection of the state, and minimizing legal risks for the defenders of Ukraine.