Lawyer under Art. 110, part 2. – Financing of actions committed with the aim of violent change or overthrow of the constitutional order or seizure of state power, change of territory or state border of Ukraine

Issues related to the financing of terrorism are very relevant in modern Ukraine. This topic is constantly in the field of view of the international community. In the legal field, this issue is regulated by the second part of Article 110 of the Criminal Code of Ukraine. However, cases under this article are rather ambiguous. Protection of clients' interests under the second part of Article 110 is one of the areas of professional activity of the specialists of our Prykhodko and Partners law office.

Legislative framework of the issue

For the first time, criminal liability under the second part of Article 110 of the Criminal Code of Ukraine was established in 2014 (Law of Ukraine No. 1533-VII "On Amendments to the Criminal Code of Ukraine Regarding Liability for Financing Separatism").

The main purpose of developing this Law is to ensure compliance with the rights and freedoms of every citizen of Ukraine, to prevent separatist activities.

Important: the financing of actions committed with the aim of encroaching on the territorial integrity of Ukraine is considered a criminal act. That is, we are talking about actions that were taken for the violent overthrow of the constitutionally approved state order.

Article 110 part two of the Criminal Code of Ukraine covers a specific type of aiding and abetting. That is why its objective side is complicated by separate forms of awareness, which must be established at the stage of pre-trial investigation. That is, in the process of financing anti-state actions, the subject must clearly understand that the persons who perform the specified actions are clearly aware of their consequences.

Thus, we are talking about the criminalization of the second part of Article 110 of the Criminal Code. Enshrining Article 110-2 of the Criminal Code needs urgent revision based on the practice of its application. In particular, it is worth defining specific criteria for demarcation for various manifestations of financing separatism. This will ensure the improvement of the norms on criminal liability according to the above-mentioned article.

It is also worth paying attention to the moment of completion of the crime under Article 110-2. It is not related only to established facts of collection, transfer or provision of certain assets. The crime should be considered completed at the moment when the person's actions directly cause the risk of violent overthrow of the constitutional order.

Assistance of a lawyer under Article 110, part two

To begin with, let's pay attention to the fact that the main object of the crime under Article 110-2 of the Criminal Code is social relations, which guarantee the inviolability and territorial integrity of Ukraine. According to judicial practice, more than 81% of cases under this article are related to criminal and penal actions of self-proclaimed republics on the territory of Ukraine. The LPR and the DPR are considered terrorist organizations in Ukraine. As for other precedents under this article, everything is not so clear. In our opinion, there is a significant gap in the second part of this article, namely the absence of the state border of Ukraine as an object of criminal encroachment.

If you need the help of lawyers under Article 110-2 of the Criminal Code, we are ready to help you with this.

We apply an individual approach to each specific case. This factor is the key to our long-term success. Our lawyers will analyze all the case materials and make the necessary efforts to protect your interests.

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