Analysis of parts 1 and 2 of article 111-1 "Collaborative activity"

Abstract

Introduction. The paper is devoted to the analysis of parts 1 and 2 of Article 111-1 of the Criminal Code of Ukraine which added Chapter I «Crimes against the foundations of national security of Ukraine». The foundation of national security is one of the main issues of today and is a priority issue for preserving the sovereignty and integrity of the state, which ensures the realization of fundamental human rights and freedoms. In Article 111-1 of the Criminal Code of Ukraine for the first time in domestic legislation criminal responsibility is established for collaborative activity. The purpose of the paper is a criminal-legal assessment of parts 1 and 2 of Article 111-1 "Collaborative activity" of the Criminal Code of Ukraine, detailed analysis, establishment of qualifying features, criminal liability, identification of gaps, ways to eliminate them. Results. The study has clarified the definition of the concept of collaborators, namely persons who encroach on the integrity of the country, voluntarily and consciously cooperate with the occupying power of another state. Also the origin of this concept is definited. The article consists of eight parts and note. It contains many offences. The elements of the content of this criminal offense are determined and distinguishing features from other similar contents are highlighted. Attention is focused on the varieties of collaborationism, in parts 1 and 2 of Article 111-1 of the Criminal Code of Ukraine manifesting features of ideological and political types. Conclusion. The author has made the following conclusions based on the results of scientific research. Article 111-1 «Collaborative activity» of the Criminal Code of Ukraine is an important step in the improvement of domestic legislation. The problem of national security is a priority nowadays. The article is large and new. The opinion is expressed that the newly introduced article is not perfect in terms of sanctions and needs improvement; ways of improving and solving these inaccuracies are established, because these shortcomings can lead to negative consequences in law enforcement.