НОВЕЛИ КРИМІНАЛЬНОГО ЗАКОНОДАВСТВА УКРАЇНИ ПРО КОЛАБОРАЦІЙНУ ДІЯЛЬНІСТЬ: ДИСКУСІЙНІ ПИТАННЯ ТА СПРОБА ЇХ РОЗВ’ЯЗАННЯ

Abstract

Some components of the criminal law provision on collaborative activities (Article 111-1 of the Criminal Code of Ukraine) are analyzed, based on which ideas are put forward to solve the most complex and controversial issues, that may arise in the law enforcement process, the proposals are made to improve criminal law in this part. It is proved, that with the certain caveats the collaborative activities establishes a specific offence of high treason, which is considering as a main offence. It is substantiated, that holding any position in illegal judicial or law enforcement agencies, established in the temporarily occupied territory, including those, that are not related to the execution of organizational and regulatory, administrative and economic functions, but without which the implementation appropriate functions would be impossible, may qualify under Part 7 of Art. 111-1 of the Criminal Code of Ukraine. It is argued that no acts committed under the influence of coercion (involuntary behavior), including those, which are provided for in Art. 111-1 of the Criminal code of Ukraine, can’t be recognized as criminally illegal. In order to eliminate the grounds for incorrect criminal qualification, it is proposed to exclude from all parts of Art. 111-1 of the Criminal code of Ukraine the instruction on voluntariness. The incorrectness of the construction of the constituent elements of collaborative activities (Part 8 of Article 111-1 of the Criminal Code of Ukraine) is stated and ways to eliminate the identified defects are proposed. The expediency of providing a special basis for exemption from criminal liability for collaborative activities is substantiated. The answers to the debatable issues, which are arising in connection with the introduction of criminal liability for collaborative activities, the occurrence of which, among the others, is due to legislative defects, are given.