{"id":19260,"date":"2026-08-25T10:22:07","date_gmt":"2026-08-25T07:22:07","guid":{"rendered":"https:\/\/lexcovery.com\/2026\/08\/draft-law-on-amendments-to-the-criminal-code-of-ukraine-regarding-the-strengthening-of-liability-for-crimes-against-national-shrines-of-the-ukrainian-people\/"},"modified":"2026-08-25T10:22:07","modified_gmt":"2026-08-25T07:22:07","slug":"draft-law-on-amendments-to-the-criminal-code-of-ukraine-regarding-the-strengthening-of-liability-for-crimes-against-national-shrines-of-the-ukrainian-people","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2026\/08\/draft-law-on-amendments-to-the-criminal-code-of-ukraine-regarding-the-strengthening-of-liability-for-crimes-against-national-shrines-of-the-ukrainian-people\/","title":{"rendered":"Draft Law on Amendments to the Criminal Code of Ukraine regarding the Strengthening of Liability for Crimes against National Shrines of the Ukrainian People"},"content":{"rendered":"<p>Analysis of the Draft Law:<\/p>\n<p>This draft law is aimed at strengthening the criminal-legal protection of national shrines of the Ukrainian people by amending Article 298 of the Criminal Code of Ukraine. The document provides for the introduction of a new concept, &#8220;national shrines,&#8221; and the establishment of separate, stricter liability for crimes committed against such objects. In fact, the legislator isolates value-based objects into a special category subject to an increased level of protection.<\/p>\n<p>### Structure and Main Amendments<br \/>\nThe draft law introduces changes to the current Article 298 of the Criminal Code of Ukraine (&#8220;Illegal conducting of search works at an archaeological heritage site, destruction, demolition or damage to cultural heritage sites&#8221;). The main structural changes are as follows:<\/p>\n<ul>\n<li><strong>Expansion of the disposition:<\/strong> The title of the article is supplemented with a reference to &#8220;national shrines of the Ukrainian people.&#8221;<\/li>\n<li><strong>Clarification of Part 3:<\/strong> To the existing wording regarding monuments of national significance, the proviso &#8220;which have not been granted the status of national shrines&#8221; is added, which delineates these categories of objects.<\/li>\n<li><strong>Introduction of a new Part 6:<\/strong> This is a key change that establishes liability directly for the destruction, demolition, or damage to national shrines of the Ukrainian people.<\/li>\n<\/ul>\n<p>### Key Provisions for Analysis<br \/>\nFor stakeholders, the following aspects of the draft are the most significant:<\/p>\n<ul>\n<li><strong>Sanctions for encroachment on national shrines:<\/strong> The new Part 6 of Article 298 of the Criminal Code of Ukraine establishes a penalty in the form of imprisonment for a term of <strong>3 to 10 years<\/strong>. This is significantly stricter than the liability for damage to general cultural heritage objects or monuments of national significance.<\/li>\n<li><strong>Differentiation of objects:<\/strong> The draft law creates a clear hierarchy of protected objects: cultural heritage objects \u2192 monuments of national significance \u2192 national shrines of the Ukrainian people. Such a gradation will require law enforcement agencies to clearly define the status of the object at the pre-trial investigation stage.<\/li>\n<li><strong>For business and the professional community:<\/strong> The changes significantly increase the risks for persons whose activities are related to archaeological, construction, or other earthworks. Now, legal liability is directly correlated with the status of the object, which requires increased attention to urban planning and conservation documentation when planning any work.<\/li>\n<li><strong>Legal certainty:<\/strong> The introduction of the concept of &#8220;national shrines&#8221; into the Criminal Code requires a parallel regulatory definition in special legislation to avoid ambiguity in the qualification of crimes during investigation and court proceedings.<\/li>\n<\/ul>\n<p>Analysis of the Explanatory Note:<\/p>\n<p>### Analysis of the Draft Law on Strengthening Liability for Damage to National Shrines<br \/>\nGreetings. Let us examine this document, as it is of significant importance for criminal law and the sphere of cultural heritage protection.<\/p>\n<h4>1. Essence of the Draft Law<\/h4>\n<p>This draft law is aimed at introducing into the Criminal Code of Ukraine a separate, stricter type of liability for the intentional destruction or damage to objects that have the status of &#8220;national shrines of the Ukrainian people.&#8221; The document effectively isolates such objects into a special category, ensuring their enhanced criminal-legal protection compared to ordinary cultural monuments.<\/p>\n<h4>2. Reasons and Necessity for Adoption<\/h4>\n<p>The author of the explanatory note emphasizes that the initiative is the fulfillment of an instruction from the President of Ukraine. The main motivation is that current mechanisms for protecting cultural heritage are insufficient for objects that have exceptional importance for the Ukrainian nation, spirituality, and historical memory. The state feels an acute need to create an effective safeguard against vandalism and the destruction of objects symbolic to Ukraine, emphasizing their special value for the formation of statehood.<\/p>\n<h4>3. Main Consequences<\/h4>\n<p>For different groups of society, this draft law will have the following key consequences:<\/p>\n<ul>\n<li><strong>For legislators and law enforcement officers:<\/strong> The main consequence is the establishment of a mandatory and strict penalty \u2014 imprisonment for a term of 3 to 10 years. This significantly increases the &#8220;price&#8221; of the crime and makes these cases a priority for law enforcement agencies.<\/li>\n<li><strong>For business and property owners:<\/strong> Owners or tenants of buildings that may fall under the category of &#8220;national shrines&#8221; must be aware of the significantly higher risks. Even careless or negligent actions that lead to the damage of such a structure may now be treated much more strictly than is provided for by current legislation for ordinary monuments.<\/li>\n<li><strong>For citizens:<\/strong> The draft law carries a signal about the state\u2019s intolerance toward any encroachment on national heritage. It is important for citizens to understand that the status of &#8220;national shrine&#8221; now creates a &#8220;shield&#8221; around the object in the form of a serious prison term for any intentional damage.<\/li>\n<li><strong>Legal nuance:<\/strong> It is important to pay attention to the lack of consultations with the public and the scientific community, which is directly stated in the note. This may lead to discussions regarding the criteria for determining which objects will become &#8220;national shrines,&#8221; as in practice, this may create space for varying interpretations of the concept in courts.<\/li>\n<\/ul>\n<p>In summary, this is a radical step toward strengthening criminal repression for offenses in the sphere of culture, which obviously aims to provide a higher level of protection for the most important symbols of Ukrainian identity.<\/p>\n<p>Analysis of Other Documents:<\/p>\n<h3>1. Position of the Approving Entities<\/h3>\n<p>The cited government bodies and regional military administrations effectively support the draft law, as it passed the approval stage without expressing fundamental objections to the very idea of strengthening liability. Although the Ministry of Digital Transformation and the Ministry of Finance provided certain comments, this is a standard bureaucratic procedure that does not mean a refusal of support, but only indicates the need for technical refinement of the provisions.<\/p>\n<h3>2. Analysis of the Main Provisions of the Draft Law<\/h3>\n<p>For journalists and the general public, it is important to understand that this document is aimed at a fundamental change in the system of protecting our cultural heritage. Here are the main aspects worth noting:<\/p>\n<ul>\n<li><strong>Introduction of the concept of &#8220;national shrine&#8221;:<\/strong> The draft law isolates a special category of objects \u2014 &#8220;national shrines of the Ukrainian people.&#8221; This creates a separate legal regime of protection for the most valuable objects, separating them from other cultural heritage.<\/li>\n<li><strong>Strict criminalization:<\/strong> For crimes against such shrines, the strictest punishment is provided \u2014 imprisonment for a term of three to ten years. This is a signal to society and criminals that the state now regards encroachment on these objects as a serious crime against the state.<\/li>\n<li><strong>Strengthening liability for officials:<\/strong> A separate clause (Part 5 of Article 298 of the Criminal Code) establishes increased liability for officials who use their position to destroy or demolish monuments. This is an anti-corruption safeguard intended to stop chaotic development and the &#8220;division&#8221; of historical lands.<\/li>\n<li><strong>Combating &#8220;black archaeologists&#8221;:<\/strong> The draft law significantly increases the risks for persons conducting illegal excavations for the purpose of finding artifacts. Establishing liability in the form of imprisonment (up to 5 years) should significantly limit the illegal market for cultural property.<\/li>\n<li><strong>Practical application:<\/strong> It is important to understand that the law expands sanctions not only regarding monuments in general but also regarding archaeological objects, which most often suffer from unauthorized work. This is a comprehensive tool that moves the protection of Ukraine&#8217;s history into the realm of real criminal liability, rather than just fines, which were previously the &#8220;cost of doing business&#8221; for many.<\/li>\n<\/ul>\n<p>In summary, this draft is an attempt by the state to stop the destruction of Ukrainian identity through the ruin of material monuments, by applying strict tools of criminal law.<\/p>\n<p><a href=\"https:\/\/itd.rada.gov.ua\/billInfo\/Bills\/Card\/70579\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Analysis of the Draft Law: This draft law is aimed at strengthening the criminal-legal protection of national shrines of the Ukrainian people by amending Article 298 of the Criminal Code of Ukraine. The document provides for the introduction of a new concept, &#8220;national shrines,&#8221; and the establishment of separate, stricter liability for crimes committed against&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[56],"tags":[],"class_list":["post-19260","post","type-post","status-publish","format-standard","hentry","category-ukrainian-law-bills","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/19260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=19260"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/19260\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=19260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=19260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=19260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}