Окремі аспекти кримінально-правової кваліфікації державної зради та колабораційної діяльності
Year: 2026
Type: article
Abstract: The article considers issues related to certain aspects of the criminal-legal qualification of high treason and collaborative activities. During law enforcement, the problem arises of distinguishing the actions of persons who voluntarily took various positions in the occupation administration of the aggressor state, illegally created judicial and law enforcement bodies. It is substantiated that citizens of Ukraine who took one of the positions in illegal government bodies, law enforcement or judicial bodies in the occupied territories and began to perform the functions defined by the position may be held liable for a set of criminal offenses: for high treason (since their activities may constitute one of the forms of high treason) and collaborative activities (since they took a certain position in illegal government bodies). It is noted that it is such a qualification, in combination with part 2 of Article 111 and parts 2, 5 or 7 of Article 111-1 of the Criminal Code of Ukraine, corresponds to the principles of criminal-legal qualification, in particular the principle of completeness of qualification, according to which the qualification must be complete and exhaustive. We can speak about the completeness and exhaustiveness of qualification, in particular, in the case when each of the acts committed by a person has received a criminal-legal assessment, and all the necessary current criminal-legal norms have been used in its implementation. This approach corresponds to the principle of qualification and in no way contradicts the principle of "Non bis in idem", since it helps to take into account all the acts committed by a person. It is argued that from the moment a citizen of Ukraine goes over to the side of the enemy under martial law or the voluntary participation of a citizen of Ukraine in illegal armed or paramilitary formations created in the temporarily occupied territory and/or in the armed formations of the aggressor state (i.e., “joining” such formations) and the subsequent implementation of activities within them that contain signs of high treason constitute the totality of Part 2 of Article 111 and Part 7 of Article 111-1 of the Criminal Code of Ukraine.
Author: Тавлуй, Олена Вікторівна
Institution: National University Odesa Law Academy
Language: Ukrainian
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7171908353