Subject of the dispute – the legality of convicting a person for an attempted theft of food products worth 308.46 hryvnias during martial law. The court was guided by the fact that on August 9, 2024, a new law came into effect, which raised the threshold value of property for criminal liability. The Joint Chamber of the Criminal Cassation Court of the Supreme Court previously concluded that this law has retroactive effect and cancels criminal liability for petty theft. Since the value of the stolen property (308.46 hryvnias) was less than 2 non-taxable minimum incomes of citizens in 2022, the act ceased to be criminally punishable.
The Supreme Court revoked the verdict of the first instance court and the appellate court’s ruling and closed the criminal proceedings due to the loss of force of the law that established criminal liability for this act.