Fulfillment of the obligation to protect the Matherland, independence and territorial integrity of Ukraine as a circumstance that excludes criminal wrongfulness of the act

The article is devoted to the analysis of legislative changes related to the criminal law regulation of relations arising in connection with the imposition of martial law on the territory of Ukraine as a result of the armed aggression of the Russian Federation on February 24, 2022. Legislative provisions on ensuring the participation of civilians in the defense of Ukraine are analyzed. The content of the circumstance that excludes the criminal illegality of the act of fulfillment of the duty to protect the Matherland, independence and territorial integrity of Ukraine, provided for in Article 431 of the Criminal Code of Ukraine. The concept of combat immunity and its relationship with the circumstance that excludes the criminal illegality of the act - the act associated with risk. Combat immunity is the release from military responsibility of military command, servicemen, volunteers of the Territorial Defense Forces of the Armed Forces of Ukraine, law enforcement officers who, in accordance with their powers, participate in the defense of Ukraine, persons defined by the Law of Ukraine , including criminal, for the loss of personnel, military equipment or other military property, the consequences of the use of armed and other force in repelling armed aggression against Ukraine or the elimination (neutralization) of armed conflict, other defense tasks of Ukraine using any types of weapons (weapons), the occurrence of which with reasonable care could not be foreseen in the planning and implementation of such actions (tasks) or covered by justified risk, except in cases of violation of laws and customs of war or use of force under international treaties, viscosity of which is provided by the Verkhovna Rada of Ukraine". It is argued that the use of the phrase "impossible to predict" in the concept of combat immunity means the absence of negligent guilt and the composition of the criminal offense. Legislative inconsistencies between the provisions of the Criminal Code of Ukraine and the Law of Ukraine "On Defense", the Law of Ukraine "On the National Police" on non-prosecution for repelling the enemy in the face of armed aggression of the Russian Federation are analyzed.