Lawyer under article 201-2 of the UCU – Illegal use for the purpose of obtaining profit from humanitarian aid, charitable donations or free aid

Already at the beginning of the full-scale war, the legislators introduced amendments to the Law related to responsibility for the use of humanitarian aid during martial law. And this is really very important. After February 24, 2022, our state began to receive active assistance from partner states. An important condition is that the aid must reach the buyers. However, after some time it turned out that the process of receiving donor aid is accompanied by many scandals and corruption schemes. By law, such actions are regulated by Article 201-2 of the Criminal Code. If you are accused of this article, be sure to enlist the help of professional lawyers. Specialists of the Prykhodko and Partners law office will help you with this.

Article 201-2 of the Criminal Code: administrative and criminal liability

The law provides for administrative and criminal liability for the illegal sale of items (goods) of humanitarian aid.

In the process of receiving and implementing humanitarian aid, the participation of the following subjects is envisaged:

• Donors

Donors for charitable assistance are both legal entities and individuals.

• Recipients of social assistance

Representatives of public, charitable, legal organizations, etc. may be among the recipients of aid from donors.

• Recipients of international aid from donors

This category includes not only legal entities, but also individuals interested in receiving charitable assistance.

The subject of the crime under Article 201-2 of the Criminal Code are recipients of charitable assistance. However, there is some problem here: according to the legislative tradition of Ukraine regulating the flow of humanitarian aid, only legal entities can act as recipients.

However, according to Article 18 of the Criminal Code, the subject of a criminal offense is an individual accused of committing a criminal offense. She must be sane. Consequently, there is already a certain discrepancy here.

In addition, the qualification characteristics are not sufficiently explained (for example, an indication of the amount of losses from which criminal liability for committing illegal acts is introduced).

Let us consider in more detail the liability provided for in Article 201-2 of the Criminal Code:

• Penalties – from 2000 to 3000 NMDG. Corrective labor is limited to a term of up to 2 years, and restriction of freedom is up to 4 years.

The above liability threatens individuals for selling components of donor assistance.

• Imprisonment for a period of 3 to 5 years, deprivation of the right to engage in certain activities - up to 3 years.

The same actions committed by an official or a group of persons by prior conspiracy.

• Imprisonment for a period of 5 to 7 years, deprivation of the right to engage in certain activities - up to 3 years, confiscation of property.

The above liability is provided for the commission of a crime on an especially large scale, by a group of persons, during a state of martial law or a state of emergency.

Assistance from a lawyer under Article 201-2 of the Criminal Code

Hiring a lawyer in cases related to the illegal use of humanitarian aid will help avoid arbitrariness on the part of law enforcement officials. In addition, in most cases it is possible to achieve complete closure of the case under Article 201-2 of the Criminal Code and acquittal of the suspect/accused.

Our lawyers will also help resolve issues of interaction with investigators, victims, witnesses, and law enforcement officials. If your case has already been brought to court, we will be able to effectively protect your interests. The key to our long-term success is an individual approach to each specific case.

Do you still have questions? We look forward to your initial consultation! To calculate the cost of a lawyer’s services under Article 201-2 of the Criminal Code, fill out the form below.