Кваліфікація кримінальних правопорушень у сфері господарської діяльності в умовах особливого періоду

The article states that economic instability, disruptions in logistics chains, and the mobilization of resources create new risks for the commission of criminal offenses of an economic nature. The full-scale invasion of our country has had a particularly negative impact on these legal relations. It is important to emphasize that violations in the specified area significantly affect the state’s defence capability. Therefore, there is a need to define modern approaches to the qualification of criminal offenses related to economic activity, in accordance with the norms of current criminal legislation under martial law and during the special period. The author notes that the aim of the article is to analyse the current aspects of the qualification of criminal offenses in the field of economic activity during the special period and to formulate relevant legislative proposals. Based on the research, the conclusion is made that certain articles of Chapter VII of the Criminal Code of Ukraine should be supplemented with a qualifying feature such as the commission of a criminal offense during a special period. This refers, in particular, to the articles that establish liability for: smuggling of cultural property and weapons; unlawful use of humanitarian aid, charitable donations, or free assistance for profit; obstruction of lawful economic activity; unlawful appropriation of property belonging to enterprises, institutions, or organizations; legalization (laundering) of proceeds of crime; misappropriation of budget funds, budget expenditures, or provision of budget loans without approved appropriations or in excess thereof; tax evasion; fraud involving financial resources; deliberate introduction into the Ukrainian market of hazardous products; illegal privatization of state or communal property. It is also proposed to amend Paragraph 11 of Part 1 of Article 67 of the Criminal Code of Ukraine by adding the phrase “special period” and to state it as follows: “commission of a crime using the conditions of martial law, state of emergency, special period, or other extraordinary events.”