Deputies of the State Duma of the RF do not have functional immunity ratione materiae from the criminal jurisdiction of Ukraine in cases of international crimes, violations of jus cogens norms, including the crime of aggression, war crimes, genocide

In this criminal proceeding, the courts of previous instances found a deputy of the State Duma of the Federal Assembly of the Russian Federation guilty and convicted him under Part 3 of Article 110 of the Criminal Code of Ukraine. The conviction was based on the fact that, in prior conspiracy with a group of persons, he committed intentional acts aimed at changing the borders of the territory and the state border of Ukraine in violation of the procedure established by the Constitution of Ukraine, which led to the death of people and other grave consequences. Specifically, he supported the ratification of treaties on friendship, cooperation, and mutual assistance between the Russian Federation and the so-called Donetsk and Luhansk People’s Republics. In his cassation appeal, the defence counsel argued that his client is an official of the Russian Federation and therefore enjoys immunity ratione materiae from the exercise of foreign criminal jurisdiction.

Leaving the decisions of the previous instance courts unchanged, the Supreme Court stated that the lower courts had not established that the accused possessed any immunity that would preclude the consideration of this criminal proceeding by a national court. Functional immunity ratione materiae does not apply to officials of a foreign state with regard to criminal liability in a third state in cases of committing international crimes and violations of jus cogens norms. Thus, deputies of the State Duma of the Russian Federation do not have functional immunity ratione materiae from the criminal jurisdiction of Ukraine in cases involving the commission of international crimes, violations of jus cogens norms – in particular, the crime of aggression, war crimes, genocide, and other crimes that infringe upon the sovereignty and territorial integrity of Ukraine and are related to violations of jus cogens norms. Ukraine may extend its criminal jurisdiction to citizens of the Russian Federation, including deputies of the State Duma of the Russian Federation, among other things, for bringing them to criminal liability for offences under Section I “Crimes Against the Foundations of National Security of Ukraine” and Section XX “Criminal Offences Against Peace, Security of Mankind, and International Legal Order” of the Criminal Code of Ukraine.

The implementation of these rights and obligations is reflected in Article 8 of the Criminal Code of Ukraine, according to which foreigners or stateless persons who do not permanently reside in Ukraine and who have committed criminal offences outside its territory are subject to liability in Ukraine under this Code in cases provided for by international treaties or if they have committed grave or especially grave crimes against the rights and freedoms of Ukrainian citizens or against the interests of Ukraine as provided for by this Code.

Resolution of the Criminal Cassation Court of the Supreme Court dated December 11, 2025, in case No. 686/6637/23 (proceedings No. 51-1980км25) — https://reyestr.court.gov.ua/Review/132611452.

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