CRIMINAL LIABILITY FOR VARIOUS MANIFESTATIONS OF COLLABORATIONISM: PROBLEMS OF LAW ENFORCEMENT

Abstract

The article discusses the novelties of criminal legislation regarding the state-power response to various manifestations of collaboration. The issues of differentiation of criminal law norms that determine criminal liability for collaborative activities in the informational, organizational, economic, service, military and other spheres, provided for by Art. 111-1 of the Criminal Code of Ukraine, with the already existing provisions on liability for high treason (Article 111 of the Criminal Code of Ukraine), aiding and abetting the aggressor state (Article 111-2), justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine, glorification of its participants (Article 436-2 of the Criminal Code of Ukraine). Particular attention is paid to the discrepancy between the sanctions of Part 1 and Part 2 of Art. 111-1 of the Criminal Code of Ukraine, the basic principles of penalization and the principles of sentencing in criminal law. Variants of elimination of contradictions arising in the process of qualification of the mentioned unlawful encroachments and individualization of means of criminal law nature for individual cases of their commission are proposed.