Serhii Vasylyna, the head of the Luhansk regional prosecutor's office, explained to TRYBUN whether Ukrainians in the occupied territories should be afraid of punishment for obtaining Russian passports, voting in “referendums”, and working in budget institutions. He also clarifies who is subject to administrative or criminal liability.
— Rumors are constantly circulating on the Internet: all those who received Russian passports will allegedly be tried for treason and collaborationism. Are people who remained in the occupied territories and were forced to obtain Russian passports from the occupying “administrations” subject to criminal and administrative liability?
— All those who received a passport of the Russian Federation are victims of the crime of the aggressor country.
— How are the so-called “referendums” held in the occupied territories in 2014 and 2022 qualified from a legal point of view? Will people participated in the “voting” be held responsible? Will only those who directly participated in their organization be punished?
— The so-called “referendums” are a crime. Responsibility for their organization and conduct is defined in the first chapter of the special part of the Criminal Code of Ukraine. However, there are people who forcibly took part in “voting” under machine gun barrels and those who directly organize the holding of a fake event. Organizers will be held accountable first.
— Do you have any information about the “elections” that the Russians are going to hold in the temporarily occupied territories in September 2023?
— There is no information, the illegality of such “expression of will” is the same.
— There are many versions regarding whether ordinary teachers, doctors and other state employees who remained working in the occupied territories will be brought to justice. Do they all fall under article “collaborationism”?
— Art. 111–1 of the Criminal Code of Ukraine defines a comprehensive list of persons who will bear responsibility for collaborative activities (* scroll to the end of the material – ed.)
— There are known cases when the Russians forced people to work in schools and medical institutions. What to do in this case, because it is not always possible to prove the fact of pressure?
— Each case will be considered individually. All those who forced it to happen will be responsible under the law.
— Do entrepreneurs who have re-registered their business in accordance with Russian legislation and pay taxes to the budget of the aggressor country face liability? How are such actions qualified according to the Criminal Code of Ukraine and what responsibility can they face?
— Yes, they face liability in accordance with Article 110-2 of the Criminal Code of Ukraine — Financing of actions committed with the aim of violently changing or overthrowing the constitutional order or seizing state power, changing the boundaries of the territory or the state border of Ukraine. However, I note once again that each case will be considered individually.
— Is a person at risk of criminal proceedings if s/he has received any payments, such as a pension, from the Russian Federation?
— The Law of Ukraine currently does not provide for liability for this.
— Should people who left the temporarily occupied territory through the territory of Russia and decided to return to Ukraine be afraid of anything?
— Those who returned should not be afraid. If a citizen has not committed any crime, then, of course, s/he will not bear any responsibility. On March 3, 2022, the Verkhovna Rada of Ukraine adopted the law “On Amendments to Certain Legislative Acts of Ukraine on Establishing Criminal Liability for Collaborative Activities.” The law entered into force on the day of its publication, namely on March 15, 2022.
Article 111-1. The Criminal Code of Ukraine “Collaborative Activities” provides for responsibility for:
1. Public denial by a citizen of Ukraine of carrying out armed aggression against Ukraine, establishing and confirming the temporary occupation of part of the territory of Ukraine, or public appeals by a citizen of Ukraine to support the decisions and/or actions of the aggressor state, armed formations and/or the occupation administration of the aggressor state, to cooperate with by the aggressor state, armed formations and/or the occupying administration of the aggressor state, until the non-recognition of the extension of the state sovereignty of Ukraine to the temporarily occupied territories of Ukraine — it shall be punished by deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years.
2. Voluntary employment by a citizen of Ukraine of a position not related to the performance of organizational-administrative or administrative-economic functions in illegal authorities created in the temporarily occupied territory, including in the occupying administration of the aggressor state, is punishable by deprivation of the right to hold certain positions positions or engage in certain activities for a period of ten to fifteen years with or without confiscation of property.
3. Propaganda by a citizen of Ukraine in educational institutions, regardless of the types and forms of ownership, with the aim of facilitating the implementation of armed aggression against Ukraine, establishing and confirming the temporary occupation of part of the territory of Ukraine, avoiding responsibility for the implementation of armed aggression against Ukraine by the aggressor state, as well as the actions of citizens of Ukraine , aimed at implementing the standards of education of the aggressor state in educational institutions, is punishable by correctional labor for a term of up to two years or arrest for a term of up to six months, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities on term from ten to fifteen years.
4. Transfer of material resources to illegal armed or paramilitary formations created in the temporarily occupied territory, and/or armed or paramilitary formations of the aggressor state, and/or carrying out economic activities in cooperation with the aggressor state, illegal authorities created in the temporarily occupied territory , including by the occupying administration of the aggressor state, it is punished by a fine of up to ten thousand tax-free minimum incomes of citizens or imprisonment for a term of three to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of ten to five eleven years and with confiscation of property.
5. Voluntary occupation by a citizen of Ukraine of a position related to the performance of organizational-administrative or administrative-economic functions in illegal authorities created on the temporarily occupied territory, including in the occupying administration of the aggressor state, or voluntary election to such authorities, as well as participation in the organization and holding of illegal elections and/or referendums in the temporarily occupied territory or public calls for the holding of such illegal elections and/or referendums in the temporarily occupied territory — it shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years and with or without confiscation of property.
6. Organization and conduct of events of a political nature, carrying out information activities in cooperation with the aggressor state and/or its occupation administration, aimed at supporting the aggressor state, its occupation administration or armed formations and/or at its avoidance of responsibility for armed aggression against Ukraine , in the absence of signs of treason, active participation in such activities - it shall be punished by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years and with or without confiscation of property.
7. Voluntary occupation by a citizen of Ukraine of a position in illegal judicial or law enforcement bodies created in the temporarily occupied territory, as well as voluntary participation of a citizen of Ukraine in illegal armed or paramilitary formations created in the temporarily occupied territory and/or in the armed formations of the aggressor state or providing such a formation of assistance in the conduct of hostilities against the Armed Forces of Ukraine and other military formations formed in accordance with the laws of Ukraine, voluntary formations that were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine, it shall be punished by imprisonment for a term of twelve to eleven years with deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years and with or without confiscation of property.
8. Actions or decision-making by the persons specified in parts five – seven of this article, which led to the death of people or the occurrence of other serious consequences, it is punishable by imprisonment for a term of fifteen years or life imprisonment, with deprivation of rights hold certain positions or engage in certain activities for a period of ten to fifteen years and with or without confiscation of property.
Note. 1. In the first part of this article, the distribution of appeals or expressions of objection to an unspecified circle of persons, in particular on the Internet or with the help of mass media, is considered public.
2. In part six of this article, events of a political nature are defined as congresses, meetings, rallies, marches, demonstrations, conferences, round tables, etc.
3. In part six of this article, the implementation of information activities means the creation, collection, receipt, storage, use and distribution of relevant information.
4. Harmful consequences in part eight of this article are considered damages that exceed one thousand or more times the tax-free minimum income of citizens.
