We are seeing the first positive results from the lawyers’ participation in a meeting of the Verkhovna Rada Committee on National Security, Defense, and Intelligence, where the issue of holding military personnel criminally liable was discussed. This is an important step toward establishing a fair legal approach to military personnel during wartime.

As a result of our joint efforts with Stanislav Pelyuk, with the support and initiative of People’s Deputies Iryna Friz, Mykhailo Bondar, and other parliamentarians, as well as lawyers from the Barristers Law Firm, two bills were submitted to the Verkhovna Rada:

•  No. 13146 – on amending the Criminal Code regarding circumstances that exclude criminal liability for an act and provide combat immunity under martial law and during combat operations (details of the bill);
  
•  No. 13149 – on amendments to the Law of Ukraine “On the Defense of Ukraine” regarding the improvement of the legal regulation of combat immunity under martial law (details of the bill).
  

The main goal of these amendments is to establish a uniform legal principle in the Criminal Code and the Law “On the Defense of Ukraine” that will determine which actions or omissions by military personnel are criminally punishable.

The current provision of the Criminal Code does not specify that acts resulting in the loss of personnel, military equipment, other military property, or other consequences of the use of armed and other force, as defined in Article 1 of the Law of Ukraine “On Defense.” The proposed amendments to the draft laws eliminate this legal uncertainty.

The very definition of “combat immunity” in the Law of Ukraine “On Defense” will also be amended. The main idea is that combat immunity should also apply in situations where the serious consequences of the aggressor’s actions were caused by the inability to respond adequately due to the absence or insufficiency of forces and resources, a lack of time to make decisions, or insufficient information necessary for defense force personnel to act.

These legislative proposals are only the first, but an extremely important step toward improving the institution of combat immunity and protecting military personnel from unfounded criminal prosecution.

There is still much work ahead. We will initiate and conduct further discussions and debates (details to follow) on the proposed changes with the participation of military personnel, members of parliament, scholars, lawyers, and media representatives. So stay tuned for updates—there is still much useful and important work ahead.