ECONOMIC CRIME UNDER MARTIAL LAW AS A THREAT TO NATIONAL AND STATE SECURITY OF UKRAINE

Abstract

The article reveals the phenomenology of economic criminality under martial law through the prism of threats to the national and state security of Ukraine.Modern indicators of economic criminality under the conditions of the legal regime of martial law in Ukraine have been determined, namely: 1) criminalization of the illegal use of humanitarian aid (Art. 201-2 of the Criminal Code of Ukraine) and a trend towards its reduction, which is connected, among other things, with high-profile cases of bringing the guilty to justice and the activation of law enforcement agencies to prevent and counter this criminal offense; 2) detection and accounting (compared to previous years) of criminal offenses provided for in Art. 210 of the Criminal Code of Ukraine «Inappropriate use of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them»; 3) an increase in the number of registered cases of legalization (laundering) of property obtained through crime; 4) constant commission of criminal offenses provided for in Art. 212 of the Criminal Code of Ukraine «Evasion of payment of taxes, fees (mandatory payments)»; 5) increase in the number of criminal offenses committed at enterprises, institutions, organizations, by types of economic activity (including in the field of defense); 6) criminological need to respond to threats to national security from new forms of manifestation of economic criminality under martial law conditions, as well as to «new schemes» of committing criminal offenses and the growth of economic, corruption and organized criminality.Criminogenic factors capable of determining economic and other types of criminality in Ukraine during the war and in the post-war period have been identified, which include: 1) the death and injury of a significant number of servicemen and civilians of Ukraine; 2) temporary loss of control over certain territories as a result of their occupation by the enemy; 3) large economic losses and damages caused by the destruction and damage of a large number of infrastructure objects, buildings, structures, etc.;4) significant decline of the national economy; 5) increasing the level of shadow economic activity (shadow economy); 6) increase in the level of unemployment; 7) decrease in the level of material support of the population; 8) growth of internal and external migration; 9) crisis processes in the family (home) sphere;10) traumatization of society by war in general and post-traumatic stress disorder in a large part of the population in particular, etc.The prospects of further scientific research in this direction are outlined, which will be aimed at developing conceptual approaches to the prevention and counteraction of economic criminality in Ukraine under martial law and in the post-war period.