ЩОДО УДОСКОНАЛЕННЯ ДИСПОЗИЦІЙ ЧАСТИН ТРЕТЬОЇ ТА ШОСТОЇ СТАТТІ 111-1... КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Abstract

Ukrainian scholars argue that until 2014, research of collaborationism in Ukraine was mostly related to the events of the Second World War and was studied by historians rather than lawyers. The historical aspects of collaboration and responsibility for it during and after the Second World War are covered in hundreds of monographs, doctoral and PhD dissertations, other academic publications, articles and theses at scientific forums. Since 2014, due to the aggression of the russian federation against Ukraine, the matter of responding to this phenomenon has arisen, by regulatory means as well. However, the attempts to standardize legislation on collaboration activities were incomplete, the drafts had vague wording, and there was no clear distinction between types and forms of collaboration. The adoption of the Law on Collaboration, which supplemented the Criminal Code of Ukraine with Article 1111 , took place after the full-scale invasion by the russian federation in Ukraine on February 242022. There were several draft laws, but the choice of the final version took place in conditions of shortage of time, the text of the article of the Code, as it turned out later, was not flawless. Purpose of the article – is to focus the attention of scientists and practitioners on certain inaccuracies, contradictions, gaps and discrepancies existing in the dispositions of Art. 3 and 6 Art. 1111 of the Criminal Code of Ukraine, and formulate proposals for their professional discussion and further consideration of the possibility of taking into account the improvement of the text of this article of the Code. The main result of the study is the comprehension that collaboration activities for a long time will constitute a significant social and legal problem in the state and society. In this regard, in order to fulfill the tasks of the Criminal Code of Ukraine, scientific research of its various forms will remain relevant for a long time. While studying the content of Art. 1111 of the Criminal Code of Ukraine certain inaccuracies and contradictions were distinguished in the text of the Criminal Code. 3 and 6 of this article; gaps in domestic legislation regarding the definition of certain concepts, which forces law enforcement officers to interpret them; inconsistencies in the terms used in Art. 1111 of the Criminal Code of Ukraine, with the terms used in the legislation of Ukraine and international regulations.