Subject of the dispute – appealing a court verdict regarding the theft of a portable battery worth 740 UAH from an ATB store during martial law. The court was guided by the fact that after the adoption of Law No. 3886-IX, theft of property with a value not exceeding 2 non-taxable minimum incomes of citizens was decriminalized and transferred to the category of administrative offenses. The United Chamber of the Cassation Criminal Court in its resolution dated 07.10.2024 determined that this law has retroactive effect. Since the value of the stolen property was below the established threshold, the court concluded that it was necessary to close the criminal proceedings.
The Supreme Court canceled the previous court decisions and closed the criminal proceedings because the law establishing criminal liability for this act had lost its force.