PROBLEMS OF CRIMINAL-LEGAL CONSTRUCTION OF ARTICLE 270-2 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The introduction of Article 270-2 to the Criminal Code of Ukraine by Law No. 4200-IX of January 9, 2025, actualized the problem of effectiveness of criminal law mechanisms for ensuring access to civil defense protective structures under martial law. The material construction of the norm, which provides for criminal liability only upon causing bodily harm or death, contradicts the preventive function of criminal law and complicates law enforcement practice. The purpose of the study is a comprehensive analysis of the shortcomings of the legislative construction of Article 270-2 of the Criminal Code of Ukraine and development of proposals for its improvement.The methodological basis consists of comparative-legal and formal-dogmatic methods. The theoretical foundation includes works by M.I. Bazhanov, V.M. Kudryavtsev, P.S. Matyshevsky, P.P. Andrushko, O.O. Dudorov.The empirical base comprises materials of judicial practice for 2022–2024 and international experience.Systematic shortcomings of the material construction were established: absence of preventive effect; complexity of establishing causal relationship under missile attacks; failure to account for temporal factor (time from alarm to missile arrival 3–7 minutes); disproportion of liability among subjects of different levels. Analysis of judicial practice confirmed ineffectiveness of material compositions – no case was qualified under Article 270-2 due to difficulty of proof. International experience (Germany, Israel) demonstrates advantages of formal constructions in criminal law protection of civil defense.A model for improving Article 270-2 of the Criminal Code of Ukraine is proposed through introducing formal- material construction with basic formal composition for creating threat, differentiation of liability depending on subjects' authority level and consideration of martial law specifics. The results are significant for improving criminal legislation in ensuring constitutional right of citizens to life and safety.