PECULIARITIES OF ASSESSMENT OF COLLABORATIION IN THE FORM OF TRANSFER OF MATERIAL RESOURCES TO THE ENEMY

Abstract

The article examines the peculiarities of the qualification of collaborative activity in the economic (business) sphere in terms of transferring material resources to the enemy (Part 4 of Article 111-1 of the Criminal Code of Ukraine). For this purpose, an analysis of the current law enforcement practice in the relevant part is made based on the study of court verdicts delivered in cases under Part 4 of Article 111-1 of the Criminal Code of Ukraine. The analysis made it possible to identify the most challenging issues in the context of the application of the relevant prohibition that need to be resolved and, on this background, formulate appropriate recommendations on the qualification of the criminal offense under consideration. Based on the analysis of literary sources and case law, the article determines the content of the act of transferring material resources to illegal armed or paramilitary groups established in the temporarily occupied territory and/or armed or paramilitary groups of the aggressor state ("collaborative activity in the economic (business) sphere" under Part 4 of Article 111-1 of the Criminal Code of Ukraine). The author examines the peculiarities of the qualification of such an act of behavior in different situations, including the fact of insignificance and the circumstances of involuntariness. The analysis of law enforcement practice has made it possible to identify the difficulties arising in the process of qualifying collaborative activity in the form of the transfer of material resources to the enemy. In particular, it is found and proposed to solve the problem of qualification of collaboration in the form of transfer of material resources to illegal armed or paramilitary groups established in the temporarily occupied territory and/or armed or paramilitary groups of the aggressor state (Part 4 of Article 111-1 of the Criminal Code of Ukraine) in terms of its correlation with collaboration in the form of providing such groups with assistance in conducting hostilities (Part 7 of Article 111 of the Criminal Code of Ukraine) and financing paramilitary or armed groups not provided for by law, supplying them with weapons and ammunition, explosives or military equipment (Part 3 of Article 260 of the Criminal Code of Ukraine).