Criminal law characteristics and peculiarities of the qualification of «economic» collaborationism

Анотація

The article carries out a criminal-legal analysis of certain types of collaborative activities provided for in Part 4 of Art. 111-1 of the Criminal Code of Ukraine. The analysis of scientific works on this issue gave grounds to single out three characteristics inherent in collaborative activity: firstly, it is the activity of individuals (as a rule, citizens of Ukraine) aimed at cooperation with the aggressor state to the detriment of Ukraine, secondly, such activity takes place during the period of occupation, thirdly, such activity can be both forced and voluntary. It was concluded that various manifestations of collaborationism unjustifiably spread to an extremely wide range of persons, which reduces the social danger of the crime and complicates the legal assessment of the committed act. The study found that the main direct object of the crime provided for in Part 4 of Art. 111-1 of the Criminal Code of Ukraine, is the national security of Ukraine, and the subject of the crime in one of the forms (transfer of material resources to illegal armed or paramilitary formations created in the temporarily occupied territory and/or armed or paramilitary formations of the aggressor state) of illegal activity is material resources . Dogmatic analysis of the objective side of the composition of the crime provided for in Part 4 of Art. 111-1 of the Criminal Code of Ukraine, allowed the following forms of illegal behavior to be identified: transfer of material resources to illegal armed or paramilitary formations created on temporarily occupied territory and/or armed or paramilitary formations of the aggressor state; carrying out economic activities in cooperation with the aggressor state, illegal authorities created on the temporarily occupied territory, including the occupation administration of the aggressor state. The proposition that «voluntariness» is a sign of the objective side of the composition of the crime under Part 4 of Art. 111-1 of the Criminal Code of Ukraine. It was established that the composition of crimes under Part 4 of Art. 111-1 of the Criminal Code of Ukraine are considered completed from the moment the actions are taken, that is, by the construction of the objective party, they are formal. The article defines the subject of the crime under Art. 111-1 of the Criminal Code of Ukraine, who can be a citizen of Ukraine or a foreigner or stateless person. It was established that the subjective aspect of the crime, provided for in Part 4 of Art. 111-1 of the Criminal Code of Ukraine can be committed only in the form of direct intent. During the study, the hypothesis was substantiated that the registration of a citizen of Ukraine, a foreigner or a stateless person as an entrepreneur in the territory of Ukraine occupied by the aggressor state and the implementation of certain activities to ensure one's own interests in accordance with the rules established by the occupation administration cannot be assessed as economic activity under Ukrainian legislation. Key words:economic activity, law on criminal responsibility, collaborationism, national security, object of the composition of the crime, objective side of the composition of the crime, subject of the composition of the crime, subjective side of the composition of the crime.

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