FEATURES OF LEGISLATIVE ACTIVITY IN THE CRIMINAL-LEGAL SPHERE IN THE CONDITIONS OF WAR IN UKRAINE

Abstract

The article is devoted to the analysis of transformations in criminal lawmaking in Ukraine under the influence of full-scale armed aggression. The paper reveals five key features of lawmaking in wartime: increased speed of legislative changes; criminalization of new forms of socially dangerous behavior; increased liability for crimes against national security, military and war crimes; growing influence of law enforcement agencies on the formation of criminal policy; priority of security over humanization of law. Particular attention is paid to the implementation of international humanitarian and criminal law norms in the national legal system. The author notes that, despite the justified need for a rapid legislative response to threats, there is a danger of violating the principle of legal certainty, which is critically important in the field of criminal law. The conclusions justify that contemporary law-making practice forms a unique experience, which in the future may become the basis for modernizing criminal legislation, taking into account public safety standards, human rights, and Ukraine's international obligations.

The article contains examples of legislative changes, generalizations of practice, and proposals for improving criminal policy in the post-war period. These changes are a natural response to an emergency situation, but at the same time they create a number of risks, among which the fragmentation of legislation, the deterioration of legal norms, and the violation of the principle of legal certainty are particularly dangerous.

At the same time, the practices and experience gained during the war can and should become the basis for further modernization of Ukraine's criminal legislation. In the post-war period, it is necessary to conduct a comprehensive legal assessment of the changes that have been introduced and to implement systemic reforms aimed at ensuring a balance between the protection of state sovereignty, human rights, and the principles of the rule of law.