Legal Qualification of the Creation of Occupation Administrations and Elimination of Government Bodies
Article 109 of the Criminal Code of Ukraine (CCU) establishes liability for actions committed with the purpose of forcibly changing or overthrowing the constitutional order or seizing state power, as well as for conspiracy to commit such acts. This article serves as a primary legal instrument for qualifying the actions of the Russian Federation and Ukrainian citizens participating in the creation, financing, and operation of occupation administrations on temporarily occupied territories, aimed at dismantling Ukraine's sovereign authority.
Key Provisions of Article 109 (CCU)
- Part 1 (Basic Offense): Actions aimed at forcibly changing or overthrowing the constitutional order or seizing state power (Imprisonment from 5 to 10 years with confiscation).
- Part 2 (Aggravated Offense): Financing or materially supporting such actions (Imprisonment from 5 to 10 years with confiscation).
- Part 3 (Especially Aggravated Offense): Actions described in parts 1 or 2 committed by a government official, repeatedly, or by an organized group (Imprisonment from 7 to 12 years with confiscation).
Violation of Constitutional Foundations: The creation of so-called “military-civil administrations,” “governments,” “police,” or “courts” by the Russian Federation in occupied territories, as well as appointing collaborators to these positions, constitutes a direct encroachment on Ukraine's sovereignty and constitutional order. These actions qualify as an attempt to forcibly eliminate legitimate government authorities.
Evidence of Violation (Organization of Occupation Authorities)
- Creation of illegal authorities: Formation, financing, and support of structures mimicking local self-government, judicial, or law enforcement bodies under Russian control. Example: appointment of “administration heads” in Kherson and Zaporizhzhia.
- Calls for overthrow: Public appeals for the elimination of Ukrainian government bodies and recognition of Russian jurisdiction. Example: dissemination of propaganda through local media and social networks.
- Elimination of Ukrainian structures: Forced removal of legally elected or appointed Ukrainian mayors and council members. Example: arrest and expulsion of the mayors of Berdyansk and Enerhodar.
- Organization of illegal referendums: Actions to prepare and conduct pseudo-referendums aimed at seceding Ukrainian territories and changing their constitutional status (often in combination with Article 110 CCU). Example: the “referendum” in Kherson region in 2022.
Connection with Other Articles
- Art. 111 CCU (Treason) — applicable to Ukrainian citizens participating in the creation of occupation structures.
- Art. 111-1 CCU (Collaborationist Activity) — for lower-level operatives and functionaries.
- Art. 437 CCU (Crime of Aggression) — forced change of the constitutional order is one of the goals of aggressive war.
Legal Consequences
- Qualification under Article 109 CCU allows for accountability of both direct perpetrators and organizers or financiers of occupation administrations.
- Emphasizes the priority of protecting Ukraine's national security and state sovereignty.
- Provides a legal basis for international investigation of crimes against the state and citizens' rights.
Sources
- Criminal Code of Ukraine: Article 109 (Text)
- Related Article: Art. 110 CCU (Infringement on Territorial Integrity) →
- Related Article: Art. 111-1 CCU (Collaborationist Activity) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive