Abstract
<jats:p>The article provides a comprehensive study of the criminal law and organisational-practical aspects of combating the illegal transportation of persons across the state border of Ukraine under martial law. It analyses the transformation in the nature of the criminal offence stipulated in Article 332 of the Criminal Code of Ukraine, caused by restrictions on the departure of persons liable for military service, the intensification of organised forms of criminal activity, and the growth of corruption-related risks in the sphere of crossing the state border. The study examines the elements of the corpus delicti of the criminal offence provided for in Article 332 of the Criminal Code of Ukraine and identifies the specific features of its objective and subjective elements, the moment at which the offence is deemed completed, as well as the peculiarities of the criminal law assessment of the actions of organisers, accomplices, and otherparticipants involved in the illegal transportation of persons across the state border of Ukraine. It is substantiated that, for the organiser, the existence of a completed criminal offence does not require the actual crossing of the state border by a person, provided that actions aimed at organising, directing, or facilitating the illegal transportation have already been committed.The article identifies law enforcement problems related to the qualification of illegal transportation of persons in conjunction with other criminal offences, the use of forged documents, the involvement of public officials and organised groups, as well as the distinction between criminally punishable acts and related administrative offences or fraudulent schemes that merely imitate assistance in illegal departure. It substantiates the expediency of differentiating criminal and administrative liability depending on the existence of a direct connection between a person’s actions and the illegal crossing of the state border. Based on an analysis of law enforcement practice and international experience, it is established that effective counteraction to the illegal transportation of persons requires a comprehensive approach combining criminal law, organisational, technological, and preventive mechanisms, along with proper interagency coordination. The article proposes directions for improving law enforcement practice and interagency cooperation in order to unify the qualification of offences, increase the effectiveness of combating the illegal transportation of persons, and strengthen the security of Ukraine’s state border under martial law.</jats:p>