After a month of full-scale war, foreign states have begun to ban the use of symbols of the Russian armed forces' invasion of Ukraine, and international companies are removing logos with letters that Russian invaders put on their equipment
Ukrainian parliamentarians also decided to ban the use of symbols supporting the Russian Federation's attack on Ukraine. The relevant draft law was registered by Yaroslav Zheleznyak and 13 other MPs, mostly from the Voice party.
The Institute of Legislative Ideas analysed this draft law and figured out who would be punished and why.
What will be considered a symbol of the military aggression of the Russian Federation against Ukraine?
According to the new clause 6 of Article 1 of the now Law of Ukraine ‘On Condemnation of the Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols and Symbols of Support for the Military Aggression of the Russian Federation against Ukraine’, the following symbols are recognised as such
- flags
- symbols
- images or other attributes
- monuments
- memorial signs
- inscriptions
inscriptions depicting symbols that were placed on military equipment of the Russian Federation during the military aggression against Ukraine.
Although the draft law does not contain a precise description of this symbolism, it is well known that the Russian occupation forces use the Latin letters ‘Z’ and ‘V’ on their military equipment.
How will the use of these symbols be punished?
The draft law proposes amendments to Article 436-1 of the Criminal Code of Ukraine, according to which, along with the ban on the use of communist and Nazi symbols, the production, distribution, and public use of symbols supporting the military aggression of the Russian Federation against Ukraine, including in the form of souvenirs, will be considered a crime.
Thus, the public display of flags, inscriptions or images of the letters ‘Z’, ‘V’ and other designations of the occupiers' military equipment on clothing will be punishable by restriction of liberty for up to five years or imprisonment for the same period, with or without confiscation of property.
When will these symbols be allowed?
The new Article 4-1 of the law contains an exhaustive list of cases that allow the production and further use of symbols supporting the military aggression of the Russian Federation against Ukraine.
The ban does not apply to the following cases of use of the symbols:
1) in museum expositions, thematic exhibitions, the Museum Fund of Ukraine, as well as library collections on various media;
2) in the course of scientific activities, including scientific research and dissemination of their results in a manner not prohibited by the legislation of Ukraine;
3) on the originals of battle banners;
4) during the presentation or reconstruction (including historical reconstruction) of historical events;
5) in private collections and private archival collections;
provided that this does not lead to propaganda of the military aggression of the Russian Federation against Ukraine:
6) in manuals, textbooks and other materials of scientific, educational and training nature used in the educational, training and educational processes
7) in works of art.
Thus, any other cases of production and public use of symbols of the Russian Federation's aggression against Ukraine will be considered a crime.
Where else will such symbols be banned?
These symbols will also be the basis for some other restrictions and prohibitions, in particular
- theuse of print media to promote these symbols and the state registration of the press whose name contains such symbolsis prohibited ;
- trade marks with signs containing symbols of the Russian Federation's aggression against Ukrainewill not be registered;
- news agencies are prohibited from promoting the symbols of the Russian Federation's aggression against Ukrainein their materials;
- it is prohibited to use such symbols in the names of legal entities;
- it is prohibited to use this symbolism in geographical names;
- it is prohibited to establish and operate public associations whose purpose(s) or actions are aimed at propagating these symbols.
In conclusion.
Under the current conditions of the military invasion of the territory of Ukraine by the Russian Federation, the use of symbols of such an invasion is unacceptable. In this regard, the use of these symbols will be equated to the current ban on the use of communist and Nazi symbols, which is due to a number of generally accepted historical facts about crimes against humanity committed under these regimes and confirmed by judicial practice.
Of course, proper judicial practice of prosecuting for the use of the symbols of the Russian Federation's aggression against Ukraine will still be formed, but the step towards its prohibition is a necessary and forced reaction of the state under martial law.
The Institute of Legislative Ideas continues to analyse the legislation adopted during the war and make sure that each law is another step towards our victory.
Andriy Klymosiuk
Source: Ukrayinska Pravda