Collaborationism in France 1940-1944 and its assessments: are there possible lessons for Ukraine?

Abstract

The author of the article aims to analyze the manifestations of collaborationism in France during the Second World War (the Vichy regime), its specifics and the analysis of the legal field regarding collaborationism in modern Ukraine.
 The article takes into account the reasons for the formation of the Vichy regime, analyzes a number of documents that empowered Marshal Pétain, and also examines the role of other authorities, in particular, the parliament, during this period. The reasons for the fall of the Vichy regime are analyzed, and the types of collaborationism in France are indicated. The author draws attention to how the French themselves in that period and today evaluate the phenomenon of collaborationism. The article shows that the authors are divided on this issue: some of them believe that the doctrine only passively participated in the Vichy regime, while others note their commitment to the regime. The article names the most famous collaborators during the reignof Marshal Pétain.
 The article uses the judicial practice of the Constitutional Council of France, in particular, it is concluded, based on the decision of the latter, that any legal norm of the Vichy regime period is considered to be inconsistent with the provisions of the 1958 Constitution. The French Criminal Code does not include the concept of collaborationism, but it clearly defines actions that are considered treason.
 As for collaborationism in Ukraine, it was analyzed that this concept began to form with the beginning of the armed aggression of the Russian Federation against Ukraine (since 2014), but was normatively established in 2022. This is an addition to the Criminal Code of Ukraine (Article 111-1 “Collaborative activity” and Article 111-2 “Aiding the aggressor state”), which makes it possible to prosecute persons who cooperate with the enemy in one way or another.