The article is devoted to the study of the subject of collaborative activity (criminal offender) as an element of a criminal offence under Article 111-1 of the Criminal Code of Ukraine. The analysis of this element is aimed at identifying the specific legal features of the offender of collaborative activity that affect its qualification and also determining the prospects for improving criminal law. It is noted that there are several problems arising from the provisions of Art. 111-1 of the Criminal Code of Ukraine, which has flaws regarding the definition of the subject of this criminal offence. Based on the doctrinal interpretation, it is proved that the offender of collaborative activity belongs to the category of special ones, namely, it may be a sane person who has reached the age of 16 and is a citizen of Ukraine. Concerning examples from court practice, the article consecutively examines all the features of the studied element of the criminal offence under Article 111-1 of the Criminal Code of Ukraine. In this context, the issue of lowering the age of criminal liability for certain types of collaborative activities, primarily in the military sphere, is raised. It is emphasised that additional reasons for doubting the sanity of a person who has committed collaboration are military factors, which can have a significant destructive effect on the human psyche. The situation of committing collaborative activity by a person who was in a state of partial insanity is considered. It is concluded that the possibility of complicity in the commission of collaborative activity may have widespread manifestations (given the nature of such activity, which is reflected in the interaction with the aggressor state representatives), and this is the most problematic aspect of the practice of qualifying collaborative activity. It is established that the offender of collaborative activity, by Article 111-1 of the Criminal Code of Ukraine, is a citizen of Ukraine, despite the absence of a corresponding textual indication in Part 4 and Part 6 of Article 111-1 of the Criminal Code of Ukraine. However, this legislative provision needs to be amended so that only a citizen of Ukraine can be considered a subject of collaborative activity.
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