The Law defining a special procedure for local self-government in certain districts of Donetsk and Luhansk regions is not a law on criminal liability, does not amend the Criminal Code of Ukraine and does not establish grounds for exemption from it

The Law defining a special procedure for local self-government in certain districts of Donetsk and Luhansk regions is not a law on criminal liability, does not amend the Criminal Code of Ukraine and does not establish grounds for exemption from criminal liability for participation in a terrorist organisation (Article 258-3 of the Criminal Code of Ukraine) – Criminal Cassation Court of the Supreme Court.

In these criminal proceedings the courts of previous instances found the accused guilty and convicted him under Part 1 of Article 258-3 of the Criminal Code of Ukraine. In his cassation appeal the accused stated that the Law of Ukraine of 16 September 2014 No. 1680-VII “On the Special Procedure for Local Self-Government in Certain Districts of Donetsk and Luhansk Regions” guaranteed the non-admission of criminal prosecution and punishment of persons who participated in the events on the territory of Donetsk and Luhansk regions. The accused argued that, since the Law of Ukraine of 17 March 2015 No. 256-VIII “On Amendments to Article 10 of the Law of Ukraine ‘On the Special Procedure for Local Self-Government in Certain Districts of Donetsk and Luhansk Regions’”, which postponed the entry into force of Articles 2–9 of Law No. 1680-VII, was adopted after he had committed the offences imputed to him, it accordingly has no retroactive effect under the requirements of the applicable legislation, and the criminal prosecution is unlawful.

Upholding the decisions of the courts of previous instances, the Supreme Court indicated that Law No. 1680-VII defines a special procedure for local self-government in certain districts of Donetsk and Luhansk regions. By its legal nature this Law is a declaratory and procedural act which does not amend the Criminal Code of Ukraine and does not establish grounds for exemption from criminal liability provided for in Chapter IX of the General Part of the Criminal Code of Ukraine. Law No. 256-VIII, like Law No. 1680-VII, is not a law on criminal liability, and its adoption, even after the commission of the acts imputed to the accused, does not alter the provisions of the Criminal Code of Ukraine and does not affect the punishability of the act provided for by Article 258-3 of the Criminal Code of Ukraine.

This approach is consistent with legal certainty as a component of the rule of law. A provision that does not contain direct decriminalisation, does not establish a specific mechanism for exemption and is not a law on criminal liability cannot be interpreted as one that automatically eliminates criminal punishability.

Resolution of the Criminal Cassation Court of the Supreme Court of 12 February 2026 in case No. 522/1621/24 (proceedings No. 51-825км25) – https://reyestr.court.gov.ua/Review/134197254.

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