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of October 9, 2024 No. 4012-IX
About modification in Criminal and Criminal procedural codes of Ukraine in connection with ratification of the Rome statute of the International Criminal Court and amendments to it
The Verkhovna Rada of Ukraine decides:
1. Make changes to such legal acts of Ukraine:
1) in the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):
a) to add article 8 after part one with new part of the following content:
"2. The foreigners or persons without citizenship who are not living constantly in Ukraine who outside Ukraine made any of the crimes provided by Articles 437-439, 442, of 442-1 of this Code are subject in Ukraine to responsibility according to this Code irrespective of cases (conditions) provided by part one of this Article if such persons are in the territory of Ukraine and cannot be issued (are transferred) to foreign state or the international legal agency for criminal prosecution or if their issue (transfer) it is refused".
With respect thereto the second to consider part part three;
b) add the Section VI with Article 31-1 of the following content:
"Article 31-1. Criminal liability of military commanders, other persons who actually act as military commanders, and other chiefs
1. The military commander or other person who actually acts as the military commander is subject to criminal liability for any of the crimes provided by Articles 437-439, 442 and 442-1 of this Code, made by the subordinate person which was at the time of crime execution under its actual command and control or, depending on circumstances, under its actual power and control, owing to non-realization of proper control by it over such person if at the same time the military commander or other person which is actually acting as the military commander knew or, in view of the circumstances which developed at that time shall and could know that the specified subordinate person committed or intended to commit such crime, however did not take actions which shall and could undertake within the powers for prevention or the termination of crime execution or for the notification on such crime of competent authority.
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