Collaborative activity as a type of treason (based on the materials of court practice from 2014 to 2022)

Abstract

The article is devoted to the study of the problem of collaborative activity as a type of treason. Based on the generalization and study of judicial practice under Art. 111 of the Criminal Code of Ukraine (352 sentences), the article reflects the correlative and genetic links between collaborative activity and treason as independent types of criminal offenses provided for by the criminal law. The article provides statistics on the collaboration of Ukrainian citizens with the enemy at the beginning of the occupation of the Autonomous Republic of Crimea. An analysis of the criminal-legal assessment of the cooperation of Ukrainian citizens with the occupier as treason, which took place before the formal definition of collaborative activity in the Criminal Code of Ukraine, was carried out. Specific manifestations of collaboration with the enemy in the period 2014-2022 are given, in particular, public denial by a citizen of Ukraine of carrying out armed aggression against Ukraine; voluntary occupation by a citizen of Ukraine of a position related to the performance of organizational-administrative or administrative-economic functions in illegal authorities created in the temporarily occupied territory; participation in the organization and holding of illegal elections and/or referenda in the temporarily occupied territory; organizing and conducting events of a political nature, etc. It was concluded that the most common type of collaboration during the occupation of Crimea is the voluntary participation of a citizen of Ukraine in the armed formations of the aggressor state, the voluntary occupation by a citizen of Ukraine of a position in illegal judicial or law enforcement bodies created in the temporarily occupied territory. Attention was drawn to the fundamentally different qualification of manifestations of collaboration on the territory of Crimea and certain districts of Donetsk and Luhansk regions, which, starting from April 7, 2014, were not under the control of Ukraine. A comparative analysis of sanctions under Article 111 and Article 111-1 of the Criminal Code.