ЧИ ВАРТО ПРИЗНАЧАТИ ДОСУДОВУ ДОПОВІДЬ ОСОБІ ЗА ВЧИНЕННЯ КРИМІНАЛЬНОГО ПРОСТУПКУ, ПЕРЕДБАЧЕНОГО СТ. 111-1 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Abstract

This article describes that the fact is already obvious, and it is recognized at the state level and by the international community, in the conditions of martial law, that the Russian Federation, its military-political leadership has unleashed military aggression on the territory of Ukraine and is committing daily acts against the civilian population war crimes. Therefore, for the proper response of our state to the armed aggression of the Russian Federation against Ukraine and the criminalization of new socially dangerous acts for existing encroachments on the territorial integrity and inviolability of Ukraine, as well as the rights and freedoms of Ukrainian citizens, the Verkhovna Rada of Ukraine made a corresponding addition to the Criminal Code of Ukraine, in particular supplemented this Code of Art. 111-1 “Collaborative activity”. Since Article 111-1 of the Criminal Code of Ukraine is a novel for criminal justice and currently there is no scientific work in Ukraine on the issue outlined by us, therefore it will be appropriate for a comprehensive study of it to start this publication for scientific discussion. The article singles out the problematic issues of appointing a guilty person for committing a criminal misdemeanor provided for in Art. 111-1-2 of the Criminal Code of Ukraine punishment and its execution by the staff of the authorized body on probation. It has been proven that the armed aggression of the Russian Federation against Ukraine created the basis for the emergence of such a socially dangerous act as collaborative activity on the territory of our state. It was noted that a certain group of people appeared who publicly began to deny the enemy’s armed aggression against Ukraine, voluntarily began to help the occupier through cooperation or interaction, to conduct propaganda in educational institutions regardless of ownership, and began to transfer material resources to illegal armed or paramilitary formations, created in the temporarily occupied territory. According to Art. 12 of the Criminal Code of Ukraine, the legislator defined a criminal misdemeanor as an act (act or inaction) provided for by this Code, for the commission of which the main punishment is prescribed in the form of a fine in the amount of no more than three thousand non-taxable minimum incomes of citizens or other punishment not related to deprivation of liberty, it is possible consider that the court’s appointment of a probationer as punishment in the form of “Deprivation of the right to hold certain positions or engage in certain activities” is the alternative that a person can serve for committing a criminal misdemeanor in the subdivisions of the authorized bodies on probation issues. The concept of a collaborator is defined as a physical, reprehensible person, a citizen of Ukraine who has reached the age of criminal responsibility and knowingly cooperates with or leads illegally created bodies in the temporarily occupied territories and does everything to undermine the sovereignty of the state. The concept of a pre-trial report is formulated – it is the result of a socio-psychological examination of a person who has committed a criminal offense provided for in Article 111-1 part 1-2 and for his act the court deprives the convicted person of the right to hold a position or engage in certain activities. In the context of the above, it has been proven that the pre-trial report is one of the tools of the court to obtain additional information on the accused (collaborator) and to use it during court debates and subsequent objective adoption by the court of the measure of punishment for the criminal misdemeanor committed by him. Key words: criminal responsibility, court, authorized body on probation, criminal misdemeanor, collaborator, pre-trial report, punishment.