The article analyzes the types of punishments and criminal offenses against a person’s life in wartime conditions. It examines the application of punishments under the provisions of the Criminal Code of Ukraine and the importance of proper qualification of acts. Special attention is given to the concepts of victimhood and “culpable victimhood” from legal and moral perspectives.

The authors highlight shortcomings in the legislation and emphasize the need to improve mechanisms for protecting a person’s life. The purpose of the study is to provide a comprehensive analysis of the system and types of punishments and criminal offenses against a person’s life, as well as to identify possible ways to improve the provisions of the relevant articles of the Criminal Code of Ukraine. The position is advocated that a comprehensive analysis of the system and types of punishments and criminal offenses against a person’s life should take into account the contemporary conditions of the military conflict. It is established that victimhood, meaning an increased susceptibility of a person to becoming a victim of a crime, has a significant impact on the qualification of criminal offenses, and the concept of “culpable victimhood” requires consideration from both legal and moral standpoints. It is argued that the current criminal legislation of Ukraine requires clarification regarding aggravating and mitigating circumstances, as well as the determination of additional grounds for the qualification of crimes, including intentional homicides with specific motives or methods of commission. It is asserted that contemporary crimes against life committed during the aggression of the Russian Federation should be regarded as war criminal offenses without limitation periods. The necessity of considering the victim’s behavior as a mitigating circumstance is substantiated, as well as the improvement of norms regarding preparation for a crime and attempt, which enables effective protection of the life and health of citizens under complex socio-political conditions. It is established that the improvement of the Criminal Code of Ukraine should include the expansion of victimhood criteria, the precise definition of the objective and subjective elements of criminal offenses against life, and mechanisms for adequate punishment for actions that threaten national security. It is asserted that the application of a comprehensive approach combining legal, social, and psychological aspects will contribute to fair justice, increased effectiveness of human rights protection, and the adaptation of criminal law to modern challenges.

Bibliography

Authored books

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2. Bantyshev O, Bantysheva O, Ohliad statei Kryminalnoho kodeksu Ukrainy, yaki peredbachaiut vidpovidalnist za kryminalni pravoporushennia, shcho ne maiut strokiv davnosti (Iurinkom Inter 2025) (in Ukrainian).

3. Romaniuk B, Bantyshev O, Kryminalna vidpovidalnist za sprychynennia smerti liudyni: kvalifikatsiia takykh diian ta yikh vidmezhuvannia vid sumizhnykh zlochyniv (Pidruchnyky i posibnyky 2017) (in Ukrainian). Edited books

4. Kryminalne pravo Ukrainy: Zahalna chastyna: Pidruchnyk (M Bazhanov, V Stashis, V Tatsiy (red), 2-e vyd. pererobleno i dopovneno, Yurinkom Inter 2005) (in Ukrainian).Journal articles

5. Bantysheva O, ‘Viktymnist ta sotsialno-psykholohychni chynnyky, yaki mozhut formuvaty viktymnu povedinku’ [2014] 10 Insait: zb. nauk. pr. studentiv, aspirantiv ta molodykh vchenykh 15–20 (in Ukrainian). Encyclopedias

6. Yurydychna entsyklopediia. T. 1: A–H (Iu Shemshuchenko (red), Ukrainska entsyklopediia im. M. P. Bazhana 1998) (in Ukrainian).