Human rights defenders analyze draft laws on responsibility for collaborationism, point to problems

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Human rights organizations that deal with the protection of the rights of victims of armed aggression against Ukraine analyzed draft laws No. 10136 and No. 10136-1 which propose amendments to the legislation on responsibility for collaborationism. 

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In total, at least ten draft laws have been registered in the Verkhovna Rada of Ukraine since the beginning of the full-scale war, proposing various amendments to Article 111-1 of the Criminal Code of Ukraine, which establishes criminal liability for “collaborationism”, and to other related articles. 

In particular, draft laws No. 10136 and No. 10136-1 were registered. They are being considered by the Verkhovna Rada Committee on Law Enforcement Activities and have not been put on the session agenda. 

Human rights defenders point out that these draft laws provide for an increase in terms of imprisonment, which does not correspond to the proportionality of the violation and punishment and will not fulfill the main function of punishment. In addition, the proposals of these draft laws are not based on the analysis of the problems of legislation in the field of responsibility for cooperation with the enemy, in particular, the problems of broad wording. At the same time, the draft laws suggest supplementing the articles with new vague wording such as “transfer of data”. According to human rights defenders, such changes will not contribute to the legal certainty of legislation and better understanding (both among the population and law enforcement officers) of the limits of permitted and prohibited activities in the temporarily occupied territories of Ukraine. 

Read the full text of the analytical report here (in Ukrainian). 

Background. The Coalition of organizations that deal with the protection of the rights of victims of the armed aggression against Ukraine includes Human Rights Centre ZMINA, NGO “Donbas SOS”, NGO “CrimeaSOS”, Charitable Foundation “Right to Defense”, Charity Foundation “East-SOS”, NGO “Civil holding “GROUP OF INFLUENCE”, Charity Foundation “Stabilization Support Services”, Crimean Human Rights Group.