SOME ISSUES OF CRIMINAL RESPONSIBILITY FOR COMMITTING A PUBLICLY DANGEROUS ACT PROVIDED FOR IN ART. 111-1 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The article notes that the full-scale war launched by the terrorist state against Ukraine became a powerful impetus for the spread of cases of collaborative activity. The specified events led to the fact that the legislator singled out this socially dangerous act as a separate part of the criminal offense provided for in Art. 111-1 of the Criminal Code of Ukraine. It has been found that the current version of Art. 111-1 of the Criminal Code of Ukraine contains certain debatable provisions and shortcomings, among which: attribution of actions provided for in parts 1-2 to minor crimes contrary to the title of Section I of the Special Part of the Criminal Code of Ukraine; absence in parts 1-2 alternative types of punishments; lack of consolidation at the legislative level of the category «collaborationism» or «collaborative activity» etc. In order to avoid complications during qualification, it is proposed to establish in the note to Art. 111-1 of the definition of «collaborationism» (which should state that this act can be committed exclusively by citizens of Ukraine) and «aggressor state». It is proposed to include for part 4 of Art. 111-1 of the Criminal Code of Ukraine acts in the form of transfer of intangible assets (including cryptocurrencies) to armed or paramilitary formations created on temporarily occupied territory and/or armed or paramilitary formations of the aggressor state. The scientific position is supported that collaborationism can be carried out only on a voluntary basis. Therefore, in order to eliminate cases of violation of the legislative technique, it is considered appropriate to include the sign of voluntariness in parts 1, 3, 4, 6 of Article 111-1 of the Criminal Code of Ukraine or to exclude this sign from the dispositions parts 2, 5, 7 of this norm.