According to the conclusions of the Supreme Court, the norms of the Special part of the Criminal Code of Ukraine should be harmonized with the norms of the General part, and the structural division of the Code should be considered as a coherent codified normative act, and not as separate parts with a purely formal connection.
Taking this into account and taking into account the existing law enforcement practice, which revealed inconsistencies between parts of the Criminal Code of Ukraine, on 13.07.2023 the Verkhovna Rada of Ukraine adopted the Law on Amendments to the Criminal and Criminal Procedure Codes of Ukraine on the Elimination of Contradictions in the Punishment of Criminal Offenses No. 3233-IX and On July 17, 2023, I sent it to the President of Ukraine for signature.
Among the main changes introduced by this Law to the Criminal Code of Ukraine, the following can be highlighted:
• addition of Article 190 "Fraud" with a separate sanction for fraudulent actions committed during a state of war or state of emergency. Now, for fraud committed during a state of war or state of emergency with significant damage to the victim, perpetrators will be fined from 4,000 (68,000 UAH) to 8,000 (136,000 UAH) or imprisoned for a period of 3 to 5 years
• exclusion from the second part of Article 201-2 of additional punishment in the form of confiscation of property
• bringing the provisions of Articles 206, 220-1 and 220-2 into line with the provisions of Article 55 of the Criminal Code of Ukraine. Now the term of deprivation of the right to hold certain positions or engage in certain activities will be up to 3 years, instead of up to 5 or 10 years, as it was before
• and the exclusion from the Criminal Code of Ukraine of Articles 368-2 "Illegal enrichment" and 375 "Declaration by a court of a knowingly unjust sentence, decision, resolution or resolution"
In addition, certain changes are made to the Criminal Procedure Code of Ukraine, in particular, a new paragraph has been added to Article 284, which provides for the mandatory consideration by the court of the opinion of the accused regarding the closure of criminal proceedings in connection with the expiration of the statute of limitations for criminal liability.
Violetta Fedorko, lawyer at Dynasty Law & Investment