Article 260 CCU: Formation of Illegal Armed Groups (for "DPR"/"LPR" and PMCs)

Legal Qualification of "People's Militias" and Private Military Companies

Article 260 of the Criminal Code of Ukraine (CCU) establishes liability for creating, leading, or participating in militarized or armed groups not provided for by law. This article is crucial for qualifying the actions of individuals involved in Russian aggression, in particular members of illegal armed formations (IAFs) of the so-called "DPR" and "LPR," as well as members of Russian private military companies (PMCs, e.g., "Wagner") operating on Ukrainian territory.

Key Provisions of Article 260 (CCU)

Part 1: Creation or leadership of such groups (Imprisonment from 2 to 5 years).
Part 2: Participation in such groups (Imprisonment from 3 to 8 years).
Part 3 (Qualified Composition): Participation in groups resulting in loss of life or other serious consequences (Imprisonment from 10 to 15 years with confiscation).

Application to "DPR"/"LPR" and PMCs: All militarized formations established in temporarily occupied territories ("People's Militias of DPR/LPR," battalions, etc.), as well as foreign PMCs not part of Ukraine's lawful armed forces, are unlawful and fall under this article. Their participants are subject to criminal liability under Part 2 or Part 3.

Evidence of Violation (Participation in IAFs and PMCs)

Organization and Recruitment: Actions by Ukrainian or Russian citizens forming, financing, and leading illegal units (PMCs, DPR/LPR battalions).
Participation in Combat: Direct involvement in armed conflict on the side of the aggressor as part of IAFs or PMCs.
Violation of Public Safety: Actions of IAFs and PMCs that include committing serious crimes against civilians, resulting in loss of life.

Examples from Practice

Formation of "People's Militia DPR/LPR" battalions participating in shelling civilian settlements in Donetsk and Luhansk regions.
Operations of the "Wagner" PMC in Ukraine, including escorting the capture of settlements and guarding strategic facilities.
Recruitment of Ukrainian citizens to participate in combat on the side of IAFs, including financial and material support.

Connection with Other Articles

High Treason (Article 111 CCU): For Ukrainian citizens participating in the formation or leadership of IAFs.
Terrorist Act (Article 258 CCU): If IAF actions were aimed at intimidating the population or violating public safety.
Violation of Laws and Customs of War (Article 438 CCU): If war crimes were committed within these formations.

Legal Consequences

Persons convicted under Article 260 cannot claim combatant status, as their formations are not lawful armed forces. According to the note to Article 260, a person who voluntarily leaves such a formation and reports its existence is exempt from criminal liability, provided their actions do not constitute another crime.

Article 260. Formation of Unlawful Militarized or Armed Groups