COLLABORATIVE ACTIVITY: CRIMINAL CHARACTERISTIC OF THE OFFENCE

Abstract

The article clarifies the objective and subjective criteria of the offence «Collaborative Activity», which have been criminalized in Ukraine on March, 2022. An analysis of the legal literature has allowed to conclude that there are three main features of collaborative activity:firstly, it is the activity which could be carried out mostly by the citizens of Ukraine and aimed to the co-operation with aggressor state and damaging Ukraine; secondly, this activity takes place during the period of temporary occupation of Ukrainian territory; thirdly, this activity may be voluntary or forced. It is concluded that the main direct object of the crime components, provided in Art. 111-1 of the Criminal Code of Ukraine is the national safety of Ukraine and the additional obligatory object is human life or the right to property (part 8 of Art. 111-1). It is noted that the objective side of each crime in the Art. 111-1 displays the most common forms of co-operation with the aggressor state during the temporary occupation of the territory of Ukraine. Emphasis was also placed on the need to give more legal certainty to the concept «voluntary co-operation with the aggressor state». The term «other grave consequences» as the obligatory element of the offence under Art. 111-1 he Criminal Code of Ukraine requires clarification as well. It is noted that collaboration activity can not be committed carelessly, but only intentionally (with direct intent). The crimes under some parts of Art. 111-1 of the Criminal Code of Ukraine are characterized by special purpose, described in the wording of Art. 111-1 the Criminal Code of Ukraine. The subject of the collaboration activity may only be the citizen of Ukraine (except for parts 4,6 of Art. 111-1 the Criminal Code of Ukraine). The distinction between such crimes as «Сollaborative activity» (Art. 111-1) and «Treason» (Art. 111) have been carried out.