Issue: № 11, 2025
Doi: https://doi.org/10.37634/efp.2025.11.13
The paper is devoted to the issue of separation of the criminal offense of unlawful use of humanitarian aid, charitable donations or free assistance for profit from similar offenses such as fraud, embezzlement, causing property damage through deception, breach of trust, etc. The author establishes that differentiation of crimes is an important element of the legal system which contributes to the accurate determination of legal liability and effective application of criminal law. The purpose of the paper is to determine the peculiarities and differences between the corpus delicti of the crime under Article 201-2 of the Criminal Code of Ukraine and other criminal offenses through a detailed analysis of legal features and legal consequences, with a view to facilitating a more accurate application of the law in law enforcement practice and ensuring law and order. The author outlines the definitions of key concepts (humanitarian aid, charitable donations, and free-of-charge assistance) and details their types. The criteria for their distinction are presented. It is noted that the illegal use of humanitarian aid, charitable donations or free assistance for profit is a crime which violates social relations related to social assistance. The peculiarity of this crime is the mercenary motive, which is expressed in the desire for illegal enrichment at the expense of resources intended for charity. Based on the analysis carried out, it is found that the difference with other categories of offenses lies in the plane of the objects of encroachment, the subject matter of the criminal offense, the degree of public danger (and, accordingly, the degree of liability). It is proposed to conduct further research by studying foreign experience of liability for misuse of humanitarian aid and analyzing the specifics of investigation of this category of crimes.
Keywords : humanitarian aid, martial law, public danger, fraud, criminal liability
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