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Does Ukraine’s new wartime collaboration law work? [1]
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Date: 2023-08
The application of charges and penalties also vary at the more serious end of the spectrum. The head of the “state bank of the Luhansk People’s Republic” faced five to ten years in prison for “collaboration”; the head of a Russian bank in Kherson faced ten to 12 years for “aiding the aggressor”. The commander of a firefighting brigade in occupied Berdyansk was charged with serious collaboration (12 to 15 years), his colleague in Starobilsk with high treason (15 years to life).
“These cases run the risk of becoming a conveyor belt for statistics, which does not correspond to the demand for justice in society, nor does it prevent these crimes,” one of the authors of the report, lawyer Daria Sviridova, commented.
In a series of publications by the Ukrainian Helsinki Human Rights Union, lawyers, judges and even prosecutors concluded that Ukrainian law enforcement often simply fits the actions of suspects to the wording of the criminal code.
One judge in Lviv has even urged her colleagues to stop accepting plea bargains in collaboration cases, because it means they are not evaluating evidence or delving into the motives of defendants.
“Collaboration trials can become a platform for restoring justice, public understanding and laying the foundations for future reconciliation, if these trials are held publicly and openly,” judge Kateryna Kotelva wrote in December last year.
In turn, a leading prosecutor recommended separating “humanitarian” collaboration with Russian forces – e.g. working in housing, transport or other public services, which supports basic necessities under occupation – from “deliberate” collaboration.
The case of Crimea
It is residents of Crimea – who believe that the war with Russia will end with the de-occupation of their peninsula – who have most actively opposed Ukraine’s new law on collaboration, because it potentially affects them all. If Crimea was liberated tomorrow, at least 200,000 Crimeans would face collaboration charges, according to Tamila Tasheva, the Ukrainian president’s representative on Crimea.
“All these years, we have been talking to Crimeans, explaining that they are not traitors and that a significant proportion of them are victims of an armed conflict,” explained Ihor Ponochovny, head of the Ukrainian prosecutor’s office for Crimea and Sevastopol. As of June, Ponochovny’s team has been responsible for only around 100 collaboration investigations.
By contrast, Tasheva’s de-occupation strategy proposes only individuals who actively contributed to the occupation of Crimea should face charges.
Under this plan, officials and teachers would have to go through “lustration” (an examination of their actions to ensure they were not active collaborators), while business people, accountants, doctors and so on would not be punished simply for staying in Crimea, working and paying taxes to the Russian state. That proposal has since been kicked back on the basis that Ukraine should not have a separate criminal law for each region.
Proposed amendments
Several further amendments have been suggested since Ukraine’s collaboration law was first adopted in spring 2022. Serhiy Ionushas MP, head of the parliamentary committee that oversees the criminal code, proposed reducing punishments for “non-serious” acts to community service or fines, while others have argued for increasing prison terms for lawyers who worked with Russian occupiers.
The Ukrainian government, in turn, has proposed that providing or supporting medical care, pensions, critical infrastructure, public utilities, retail, catering and agriculture should not be considered collaboration. Agriculture is a key concern, as millions of hectares of farming land remain under Russian occupation.
Ionushas and Osadchuk’s committee has now written its own amendments bill, but refuses to disclose any details, saying it is waiting for legal assessment. This new bill has been written in conjunction with the former mayor of Melitopol, businessman and MP Serhiy Minko. In conversation with openDemocracy, Minko said the existing legislation “had fulfilled its main function” – preventing people from collaborating with Russia. The new version, he said, would be less radical.
Indeed, Osadchuk claimed the intention now is to scare away collaborators from remaining in the liberated territories. "We're going to narrow down the liability, so that punishment turns from a cannon into a sniper rifle,” he told openDemocracy.
MPs will no longer be able to adopt new amendments in a single vote, so Osadchuk predicts fierce discussions in Parliament and beyond. If Parliament does not consider them in the first reading before the end of August, then the law will not be changed until the end of the year.
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[1] Url:
https://www.opendemocracy.net/en/odr/ukraine-kherson-wartime-collaboration-law-problems-amendments/
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