ПРОБЛЕМНІ ПИТАННЯ КРИМІНАЛІЗАЦІЇ ПОСОБНИЦТВА ДЕРЖАВІ-АГРЕСОРУ (СТ. 111-2 КК УКРАЇНИ)

Abstract

The article examines the problematic issues that arose as a result of the addition of the Criminal Code of Ukraine, Art. 111–2, ways of eliminating the identified shortcomings are being investigated. Not recognizing criminalized in Art. 111–2 of the Criminal Code acts neither by treason nor by collaborative activity, but by creating a new concept – «assistance to the aggressor state», and without offering distinguishing features at the same time, the legislator additionally complicates the qualification of forms of cooperation with the aggressor and increases uncertainty in the already imperfect conceptual the apparatus of crimes against the foundations of national security of Ukraine. Analysis of the disposition of Art. 111–2 and the existing norms of the Criminal Code of Ukraine before its adoption indicate that the existing criminal offenses already contained grounds for bringing the guilty person to criminal responsibility for various forms of cooperation (aid, abetment) with representatives of the aggressor state, illegal authorities created on temporarily occupied territory, including by the occupation administration of the aggressor state, and therefore there was no need for its acceptance at all. The current situation does not contribute to the clarity of the criminal-legal assessment of the actions of persons who provide assistance (contribute) to the aggressor state, inhibits the pre-trial investigation, and in addition, taking into account the corruption risks created by the normative «backlash», opens wide opportunities for the arbitrary qualification of some and the same actions of the suspects ranging from a criminal misdemeanor to a particularly serious crime. Based on the above, as well as taking into account the practical identity of the concepts «collaborative activity» and «assistance to the aggressor state», we support the proposal to exclude Art. 111–2 of the Criminal Code of Ukraine, as it provides for collaborative activity in its separate forms, which are already defined in Art. 111–1 of the Criminal Code of Ukraine, and its separate provisions to be included in the text of Art. 111–1 of the Criminal Code of Ukraine] with the corresponding differentiation of punishment.