Analysis of the Draft Law:
Analysis of the Draft Law on Amending Article 2012 of the Criminal Code of Ukraine
Essence of the Draft Law:
This draft law proposes amendments to the Criminal Code of Ukraine regarding liability for illegal use of humanitarian aid by state and municipal enterprises. The main change involves exempting certain actions related to the use of humanitarian aid for profit from criminal liability.
Structure of the Draft Law:
- Introductory part defining the purpose of changes.
- Main text of amendments to Article 2012 of the Criminal Code of Ukraine.
- Provisions on the law’s entry into force.
The main change involves adding a note to Article 2012, which defines that certain actions by officials or employees of state and municipal enterprises shall not be subject to criminal liability if they sell or use humanitarian aid for profit while performing vital functions and/or services defined by the Law of Ukraine “On Critical Infrastructure”.
Key Provisions for Legislators, Experts, Business, and Citizens:
- For Legislators: The draft law changes the framework of liability for state and municipal enterprises, which may require additional control over humanitarian aid use.
- For Experts: Changes may impact the assessment of legal risks in humanitarian aid and critical infrastructure management.
- For Business: State and municipal enterprises may be exempt from criminal liability for certain actions, which could open new opportunities for commercial activities.
- For Citizens: The absence of criminal liability for certain actions may raise questions about transparency and targeted use of humanitarian aid.
Explanatory Note Analysis:
Analysis of the Draft Law of Ukraine “On Amending Article 2012 of the Criminal Code of Ukraine”
Essence of the Draft Law
The draft law aims to amend Article 2012 of the Criminal Code of Ukraine to improve liability for illegal use of humanitarian aid by state and municipal enterprises. The main purpose is to allow state and municipal enterprises to legally use humanitarian equipment and tools to provide services to the population and receive payment for these services.
Reasons and Necessity for Adoption
Under conditions of armed aggression by the Russian Federation, many critical infrastructure facilities, including state and municipal enterprises, have suffered significant damage. Budget deficit has complicated the possibility of restoring these facilities, so using humanitarian aid is practically the only way to ensure vital functions of cities and communities. However, current legislation does not allow using such aid for profit, which limits the capabilities of municipal enterprises to fully provide services.
Main Consequences of the Draft Law
Adopting this draft law will remove legal obstacles for using humanitarian aid by state and municipal enterprises, allowing them to provide services to the population and receive payment. This will, in turn, contribute to improving the quality of municipal services in cities and communities and enhance the resilience and capacity of communities in providing vital services. The draft law does not require additional expenses from the state budget, making it financially beneficial.
Analysis of Other Documents:
1. Support for the Draft Law
The Verkhovna Rada Committee on Law Enforcement supports the draft law, recommends its inclusion in the agenda, and adoption as a basis. Meanwhile, the Committee on Anti-Corruption Policy expressed concerns about potential corruption risks, not supporting the project in its current form.
2. Main Provisions of the Document
The draft law proposes amendments to the Criminal Code of Ukraine regarding liability for illegal use of humanitarian aid. In particular, it provides that actions by officials of state and municipal enterprises using humanitarian aid for profit within the framework of performing vital functions will not be subject to criminal liability.
Key Aspects for Discussion:
- The proposal to exclude certain actions from criminal liability may reduce legal protection of humanitarian aid, raising concerns about potential abuses.
- There is a discrepancy between the provisions of the Law of Ukraine “On Humanitarian Aid” and the Criminal Code, which could be resolved through changes to legislation, not just the Criminal Code.
- The use of the term “vital functions” is too broad, which may lead to ambiguity in law enforcement.
- The Anti-Corruption Committee emphasizes the need to amend legislation on humanitarian aid to establish clearer frameworks for its use.
