Free Legal Aid System Library
Training package: qualification according to Article 438 of the Criminal Code of Ukraine
Standardized educational package · updated on 08/20/2026
A route for the legal qualification of violations of the laws and customs of war with a clear connection to armed conflict.
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1. Purpose and expected result
- Identify the applicable IHL and the specific prohibition.
- Match the facts with the elements of the composition.
- Check the current version of the Code of Criminal Procedure and the relevant practice of the Supreme Court.
2. Audience and prerequisites
For lawyers, judges, prosecutors, investigators and trainers. The basic prerequisite is an understanding of the Criminal Code and Criminal Code of Ukraine and the principles of international humanitarian law.
3. Approximate study plan
- 20 min — primary map of concepts.
- 60–90 min — work with primary sources.
- 45 min — practical exercise.
- 15 min — checklist and self-check.
4. Normative core
Start with current Ukrainian legislation and the relevant international treaty. Use policies, manuals and analytical materials according to their normative weight. Bills are not valid law.
5. Key sources
In the thematic selection, each source has a status, jurisdiction, date of last review, estimated time, and a brief practical conclusion.
6. Practical exercise
- Choose one hypothetical incident and classify the conflict.
- Name the specific rule of IHL, not just the general principle.
- Make a fact-source-element of composition-alternative explanation table.
7. Work checklist
- Classify the conflict.
- Set the status of persons and objects.
- Show nexus with armed conflict.
- Define a specific prohibition of IHL.
- Check the subjective side and the form of responsibility.
8. Self-test: 10 questions
1. Has the nature of the armed conflict been determined?
Record the facts, the standard and the time limits, not just a summary label.
2. Is a specific rule of law named?
Referring only to Article 438 without a specific provision of IHL does not explain the nature of the violation.
3. Are material, mental and contextual elements separated?
For each element there must be a separate fact, source and level of proof.
4. Has the status of the person or object been verified?
The status is determined by the facts at the relevant time and may require separate proof.
5. Has the nexus with the armed conflict been proven?
Temporal proximity to a war does not in itself always prove the necessary connection.
6. Is the provenance of each piece of evidence reproduced?
Check the source file, metadata, receive, transfer and conversion log.
7. Have alternative explanations been tested?
A strong position should directly test versions compatible with innocence or other qualifications.
8. Are the materials taken into account in favor of the defense?
Check disclosure for completeness and record requests for missing materials.
9. Has the editorial and procedural status of the source been verified?
Open the official text, date, instance and further history of the decision.
10. Are the limits of the conclusion formulated?
Separate established fact, expert assumption, analytical assessment and legal conclusion.
9. Ethics, safety and typical risks
Adhere to confidentiality, do no harm, data minimization and professional independence. The educational package is not an individual legal consultation.
10. Relevance and further education
Source status verified on August 20, 2026. Before procedural use, double-check the edition. The recommended cycle of editorial review is once a quarter.