Collaboration activities in the form of public calls and denials of armed aggression against Ukraine: practice of application

Abstract

The article is devoted to the scientific analysis of certain problems of criminal legal qualification for collaboration activities under Part 1 of Art. 111-1 of the Criminal Code of Ukraine. The author makes a criminal law analysis of this provision as one of the manifestations of collaboration activity which is criminalized in law. Some problems of qualification are considered, related to the need to distinguish between the provisions of Part 1 of Article 111-1 of the Criminal Code of Ukraine of Ukraine and parts 1 and 2 of Article 436-2 of the Criminal Code of Ukraine. The article analyzes the court decisions under Part 1 of Article 111-1 of the CC of Ukraine, and certain problems regarding application of this provision in practice, and based on this, a number of conclusions and the author's proposals were formulated. The authors point out certain flaws in the wording of Art. 111-1 of the CC of Ukraine, and associate this with the lack of the necessary scientific justification for the allocation of substantive features of collaboration activities, which the legislator would rely on when criminalizing this type of socially dangerous act. The study argues that acts in the form of public calls for illegal elections and/or referendums should be classified as criminal offenses, namely to define this form in Part 1 of Art. 111-1 of the Criminal Code of Ukraine, given that public calls, public objections are not manifestations of collaborationism in the classical understanding as cooperation with the enemy under occupation. On the basis of the studied criminal proceedings, the ineffectiveness of the application of a single punishment in the form of deprivation of the right to hold certain positions and engage in certain activities. Therefore, it is proposed to provide for alternative penalties in parts 1 and 2 of Art. 111-1 of the Criminal Code of Ukraine to provide for alternative penalties in the form of a penalty and public services.