“The balance between rights and responsibilities is key”: Bohdan Khmelnytsky on the new model of criminal justice

A new approach to criminal justice is taking shape in Ukraine with the involvement of veterans—one that emphasizes not only accountability but also reintegration and the recognition of combat experience. This approach seeks to strike a balance between the public interests of the state and human rights in the context of war and its aftermath.

Bogdan Khmelnytskyi, a lawyer, founder of the Strategic Advocacy Law Firm, and member of the Advisory Expert Council at the State Penitentiary Service of Ukraine, commented on this topic.

On March 19, 2026, the International Scientific and Practical Conference “Specifics of Criminal Justice Involving Veterans: Mechanisms of Resocialization and Reintegration” took place in Kyiv. The event was attended by representatives of the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Veterans Affairs, the Office of the Prosecutor General, the National Police, the State Criminal-Executive Service, the academic community, and international partners.

Commenting on the key challenges, Bohdan Khmelnytsky emphasized:

“The involvement of veterans in criminal proceedings necessitates the proper application of the principle of individualized liability, taking into account their physical and mental condition, combat experience, and social context.”

According to him, this is not about mitigating liability, but about the correct application of the law:

“At the same time, this approach does not provide for any privileges or deviations from the principle of the inevitability of punishment, but is aimed exclusively at ensuring a fair balance between public interests and the rights of the individual.”

Separately, the lawyer emphasized the importance of developing modern criminal policy tools:

“The key is the development and practical application of alternative measures of criminal law enforcement, in particular probation and rehabilitation programs, which are consistent with both national legislation and international practices discussed during the conference.”

Roman Bochkala, chairman of the Advisory Expert Council under the State Penitentiary Service of Ukraine, also spoke at the event, emphasizing the need for systemic changes in the state’s approach to veterans.

“We must move from the concept of ‘punishment for guilt’ to the concept of ‘return to life,’” he stressed.

According to Bochkala, the current criminal justice system remains largely oriented toward peacetime realities, whereas veterans returning from the front have a fundamentally different life experience:

“When a veteran comes into the purview of the criminal justice system, we must see more than just the section of the code. Behind that article lie months in the trenches, concussions, the loss of comrades, and the difficulty of returning to civilian life.”

He also emphasized that an effective policy must be based not only on control but on comprehensive support:

“State control without integration is not help; it is a risk factor. If we do not help a person return to normal life, we risk losing them.”

Conference participants agreed that the current criminal justice system requires a comprehensive transformation—combining legal, social, and psychological tools—as well as a shift toward a proactive policy for the reintegration of veterans.

For Strategic Advocacy, JSC, participating in such events is part of a systematic effort to develop a fair approach to law enforcement that takes into account both the requirements of the law and the realities of war and its consequences for Ukrainian society.