НОВЕЛИ КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА: КОЛАБОРАЦІЙНА ДІЯЛЬНІСТЬ

Abstract

The article examines the concept of "collaborative activity" and analyzes the changes made to the Criminal Code of Ukraine in terms of establishing criminal liability for collaborative activity. Considering the military situation throughout the territory of Ukraine, special attention should be paid to criminal liability for collaborative activities, because the cooperation of the country's citizens with the occupiers will contribute to the overthrow of the constitutional order, the sovereignty of the country's defense capability. The proposed proper formulation of the specified concept: "Collaborative activity" is the conscious cooperation of citizens with the occupation administration, which is aimed at the Ukrainian statehood, through various interactions: transfer of material resources, propaganda, denial of armed aggression against Ukraine, voluntary occupation of positions in illegal authorities. It has been established that the amendments made to Article 55 of the Criminal Code of Ukraine provide for a punishment consisting of deprivation of the right to hold certain positions or engage in certain activities as the main or additional punishment for committing criminal offenses against the foundations of national security of Ukraine for a period of ten to fifteen years with the confiscation of property, as well as the Criminal Code of Ukraine supplemented by Article 111-1, which defines the concept of collaborationism and its forms, as well as responsibility for the commission of a criminal offense defined by the said article. It was concluded that "collaborative activity" is distinguished from "treason" by the following signs: public denial by a citizen of Ukraine of carrying out armed aggression against Ukraine; collaborative actions are committed by the guilty person under conditions of occupation; criminal acts are committed for the benefit of the occupation administration and the aggressor state; voluntary transfer of civil servants of Ukraine to the side of the occupation administration. Such scientists as M. Bondarenko, V. Kubalskyi, V. Kuznetsov, O. Kravchuk, O. Matyushenko, M. Siyploki, I. Berdnik, and M. Golovko were engaged in the study of collaborative activities in the context of criminal responsibility, however, insufficient attention has been paid to the changes in the Criminal Code of Ukraine that took place during martial law.