Yanina Hrabova: Criminal Offenses Related to the Misuse Of Humanitarian Aid (Ukrainian Context)

Any crisis, particularly armed conflict, is inevitably accompanied by rising levels of poverty and increased societal demand for both material and financial humanitarian assistance. Following the full-scale invasion in 2022, Ukraine became a hub for the operational activity of various humanitarian organizations – both international and domestic. The unprecedented volume of aid flowing into the country, coupled with insufficient coordination mechanisms for its distribution, created a criminogenic environment conducive to abuses related to the handling and distribution of humanitarian resources.

In response to these emerging threats, the Criminal Code of Ukraine was amended to include a specific provision addressing such misconduct. Article 201-2, titled ‘Illegal use for profit of humanitarian aid, charitable donations, or gratuitous assistance’, was introduced to criminalize such acts.

According to Article 201-2 of the Criminal Code of Ukraine, the illegal use of humanitarian aid, charitable donations, or gratuitous assistance for profit is defined as the sale of humanitarian goods (items), the use of charitable or gratuitous assistance, or entering into transactions concerning such property with the intention of obtaining profit, committed in significant amounts[1].

Data provided by the Office of the Prosecutor General show the number of registered criminal offenses (proceedings) under Article 201-2 of the Criminal Code of Ukraine over time:

Analysis of this data reveals a correlation: as the volume of humanitarian aid decreased, so too did the number of associated criminal offenses. This trend can be attributed not only to the reduction in aid but also to the implementation of coordination systems for aid distribution and the introduction of a unified humanitarian response plan.

Additional data for 2023 was obtained from open sources.

According to information published by the media outlet Zaborona, which cited a response from the National Police of Ukraine:

– pre-trial investigations were initiated in 861 criminal proceedings related to unlawful actions involving humanitarian aid, charitable donations, or gratuitous assistance;

– 165 individuals were formally charged in 175 criminal offenses of this category;

– indictments were submitted to court in 78 cases;

– the total amount of identified material losses amounted to approximately 40 million UAH[2].

Moreover, over 200 other offenses were investigated under alternative legal classifications such as fraud, embezzlement, theft, and bribery — although they also involved the misappropriation of humanitarian cargo.

It is worth noting that offenses involving humanitarian aid predated the introduction of Article 201-2 of the CCU but were previously prosecuted under other legal provisions. A discrepancy in reported figures is evident.

Notably, in response to a request submitted by the author, the National Police of Ukraine stated it does not possess or manage the requested data, raising concerns about the transparency and consistency of statistical reporting:

A review of specific case studies reveals that criminal acts were committed both by individuals affiliated with well-known humanitarian organizations and by actors operating through fictitious charitable foundations. For instance, employees of the charitable foundation ‘Right to Protection’ became subjects of criminal proceedings. Investigators found that a group of individuals, acting in collusion during martial law in 2022, exploited their official positions to profit by processing financial aid from the United Nations on behalf of individuals who were not legally recognized as internally displaced persons[3]. In return for their services, the perpetrators retained a portion of the allocated funds. These acts were classified under Part 3 of Article 201-2 of the Criminal Code of Ukraine.

Another illustrative case is described in the report of the Temporary Investigative Commission of the Verkhovna Rada of Ukraine, which examined potential legal violations in the receipt, distribution, transportation, storage, and use of humanitarian aid and public property intended for the temporary accommodation of internally displaced persons (IDPs) and other state needs. According to the report, during a Commission meeting on May 29, 2023, the Main Investigative Department of the National Police of Ukraine reported incidents of humanitarian aid being sold – specifically, ballistic plates for bulletproof vests valued at approximately 1,27 million UAH. Part of this aid, including steel plates worth 450 thousand UAH, had been imported under a guarantee letter from a military unit. Criminal charges were brought under Article 201-2, and similar reports of violations involving humanitarian aid imported under such guarantees were submitted by other governmental agencies[4].

According to the State Customs Service, as of June 20, 2023, a joint audit conducted by the Department for Combating Smuggling and Customs Violations and the Ministry of Defence’s Internal Audit Department revealed 743 cases where military units and territorial recruitment and social support centres failed to confirm receipt of humanitarian aid. The unaccounted-for goods included 963 distinct items with a total weight of 1282.9 tons[5].

The available data suggest a clear correlation between the number of criminal offenses related to humanitarian aid and the volume of aid being delivered, as well as the level of coordination between state institutions and humanitarian organizations. These offenses may occur at various levels – among recipients of aid, within humanitarian organizations themselves, and among representatives of public authorities.

As the global volume of humanitarian aid delivered to Ukraine declines, there is a concurrent reduction in the number of criminal proceedings, as evidenced by official data. However, these crimes continue to highlight significant challenges in governance, accountability, and transparency in humanitarian operations during wartime.

Yanina Hrabova

Information, Counselling and Legal Assistance Program Coordinator, Norwegian Refugee Council, South Area Office (Ukraine), Attorney at Law, Ph.D in Law

[1] Verkhovna Rada of Ukraine. (2001, April 5). Criminal Code of Ukraine No. 2341-III (updated 30.06.2022). Source: https://zakon.rada.gov.ua/laws/show/2341-14#Text

[2] Zaborona (2024). A noble but over-bureaucratised cause: How and why humanitarian aid in Ukraine ended up in a gray zone [Investigative article]. Source: https://zaborona.com/blagorodna-ale-zabyurokratyzovana-sprava-yak-i-chomu-gumanitarna-dopomoga-v-ukrayini-opynylasya-v-sirij-zoni-rozsliduvannya-zaborony/

[3] Unified State Register of Court Decisions. Court decision №757/36978/23-к. https://reyestr.court.gov.ua/Review/113267071

[4] Verkhovna Rada of Ukraine. (2023). On the report of the Temporary Investigative Commission of the Verkhovna Rada of Ukraine regarding possible violations of Ukrainian legislation in the field of receipt, distribution, transportation, storage, and targeted use of humanitarian and other aid… (Resolution No. 132, Article 714). https://zakon.rada.gov.ua/laws/show/3395-20#Text

[5] State Customs Service of Ukraine. (2023). Since the beginning of 2023, the State Customs Service, together with the Ministry of Defense, has detected 653 cases of humanitarian aid not being received by the military. https://customs.gov.ua/news/zagalne-20/post/z-pochatku-2023-roku-derzhmitsluzhba-spilno-z-minoboroni-viiavili-653-vipadki-neotrimannia-gumanitarnoyi-dopomogi-viiskovimi-1179