Legal Qualification of Activities of Illegal Judicial Bodies under Occupation
Article 375 of the Criminal Code of Ukraine (CCU) establishes criminal liability for a judge for issuing a deliberately unjust sentence, decision, ruling, or order. In the context of armed aggression, this article applies to individuals who, occupying or simulating the position of a "judge" in illegal bodies established in temporarily occupied territories ("DPR/LPR courts", "Russian courts"), issue decisions that are deliberately contrary to the law, politically motivated, and used for repression against Ukrainian citizens.
Key Provisions of Article 375 (CCU)
- Part 1 (Basic Offense): Issuance of a deliberately unjust decision (Punishment: Restriction of liberty up to 5 years or imprisonment up to 3 years).
- Part 2 (Qualified Offense): Same actions causing severe consequences, or committed for personal gain or other personal interests (Punishment: Imprisonment from 5 to 8 years).
“Deliberately unjust” nature of decisions: Decisions issued by occupation "courts" are automatically unjust, as these bodies are illegally established, operate outside the legal framework of Ukraine, and apply the legislation of the aggressor state. Particularly severe are sentences involving imprisonment, confiscation of property, or death penalty imposed on Ukrainian prisoners of war and civilians. Real examples include sentencing participants of protests, arrests of civil activists in occupied Donbas, and decisions on the "nationalization" of private enterprises in Crimea.
Evidence of Violation (Repressive Decisions)
- Political sentences: Issuing imprisonment or death penalty decisions against individuals accused of "extremism," "espionage," or "terrorism" for pro-Ukrainian activity.
- Decisions on property confiscation: Issuance of "court" decisions on "nationalization" (illegal seizure) of private property of citizens and enterprises.
- Legalization of illegal arrests: Issuance of decisions on "arrest" and detention of citizens abducted by occupying forces, legitimizing illegal deprivation of liberty (Article 29 of the Constitution).
Connection with Other Articles
- Article 111 CCU (High Treason) or Article 111-1 CCU (Collaboration) — for Ukrainian citizens occupying these positions.
- Article 438 CCU (Violation of the Laws and Customs of War) — as the organization of illegal justice constitutes a war crime, violating the rights of the population in occupied territories.
- Article 55 of the Constitution (Right to Judicial Protection) — violation of this fundamental right is the basis for prosecution.
Legal Consequences
Article 375 CCU is applied to prosecute all individuals involved in creating and operating the repressive judicial system of occupiers. All decisions issued by them are legally invalid, and actions causing severe consequences (e.g., prolonged imprisonment, property confiscation) are punishable by up to 8 years of imprisonment. Examples include court decisions against civilians in Mariupol, captured activists in Donbas, and "trials" of pro-Ukrainian journalists in occupied territories.
Sources
- Criminal Code of Ukraine: Article 375 (Text)
- Related Article: Article 55 of the Constitution (Judicial Protection) →
- Related Article: Article 111-1 CCU (Collaboration) →
© 2001 — Criminal Code of Ukraine. Analysis of Violations.
Source: The Aggression Archive