Ukrainian legislation needs a clearer distinction between the elements of crimes related to collaboration, treason, and war crimes, according to Inna Linyova, director of the Human Rights Institute of the Ukrainian Bar Association.
In an interview with Interfax-Ukraine, she noted that the practice of adjudicating cases of collaboration remains ambiguous. According to her, civil society organizations have already documented cases where individuals who, under international humanitarian law, may fall into protected categories were held criminally liable.
This includes, for example, employees of municipal utilities who continued to clean the streets during the occupation, doctors who continued to work in hospitals, or teachers who ensured the basic functioning of local institutions. Under international humanitarian law, such actions may be viewed as maintaining the region’s viability rather than as criminal collaboration with the occupying power.
A different situation, Linyova emphasized, arises in cases where a person passes on information about the location of Ukrainian military forces, directs fire, holds leadership positions in the occupying authorities, or heads a police department or local administration under Russian control. In such cases, there may be grounds for criminal prosecution, but the right to a defense must be ensured here as well.
Separately, Linyova cited the example of employees at the Zaporizhzhia Nuclear Power Plant. According to her, if a person performs technical or professional functions necessary for the safe operation of the nuclear power plant, this in itself is not a crime. But if we are talking about administrative and managerial functions in the interests of the occupying authorities, the assessment may be different.
The expert believes that the problem lies in the imperfection of the legislation: some criminal offenses overlap, and a clear line between treason, collaboration, and war crimes is not always evident.
According to her, the Office of the Prosecutor General is working on drafting a bill intended to systematically bring Ukrainian criminal and criminal procedure legislation into compliance with the Rome Statute.
Such reform is important not only for domestic judicial practice but also for Ukraine’s international reputation. Cases involving war crimes and collaboration are closely monitored by international organizations, and the quality of judicial proceedings can influence the trust of partners, European integration, and future compensation mechanisms.
