CRIMINAL LIABILITY OF INTERNALLY DISPLACED PERSONS FOR FRAUD IN THE SPHERE OF STATE SOCIAL BENEFITS AND ASSISTANCE: LEGISLATION AND JUDICIAL PRACTICE

Abstract

The article provides a comprehensive analysis of the criminal law aspects of liability of internally displaced persons (IDPs) for fraud in the field of state social benefits in Ukraine. It substantiates that the current model of social support for IDPs is based on the principle of conditional access, under which entitlement to social assistance arises only subject to the good-faith submission of legally significant information by the applicant. The study examines the provisions of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons,” subordinate regulatory acts of the Cabinet of Ministers of Ukraine, as well as the relevant norms of the Criminal Code of Ukraine, with primary emphasis on Article 190. Based on an analysis of judicial practice, including the legal positions of the Supreme Court, the article demonstrates that the intentional submission of false information or the deliberate concealment of material circumstances excluding the right to social assistance-such as the ownership of housing, significant savings, stable income, or return to permanent residence-is regarded by courts as a form of deception and constitutes the elements of fraud under Article 190 of the Criminal Code of Ukraine. Particular attention is paid to the distinction between administrative consequences and criminal liability. It is emphasized that administrative measures aimed at terminating payments and recovering unduly received funds do not eliminate criminal liability where intent is established, while voluntary reimbursement of damage may be taken into account only for the purposes of individualizing punishment. The article concludes that criminal law assessment of abuses in the sphere of social benefits for IDPs should be based on a clear distinction between intentional fraudulent conduct and good-faith mistakes, with priority given to the protection of public financial resources and strict observance of the principle of proportionality of criminal repression.

Keywords: internally displaced persons, martial law, state social benefits, criminal liability, false information, social assistance, social protection, social rights, judicial practice, fraud