Military aggression of the russian federation against Ukraine prompted the legislator to numerous amendments to the criminal law in terms of the criminal and legal regulation of crimes against the foundations of Ukraine’s national security. As a result, a large number of questions arose regarding the content of the elements of crimes from the Chapter I of the Special Part of the criminal law and the distinction of the specified elements both among themselves and with related infringements. At the same time, there appeared questions regarding an estimation of legislative amendments as regards criminalization or differentiation of criminal liability.

The purpose of this article is to determine a correlation between crimes against the foundations of national security, primarily it is about a correlation of collaborative activity with high treason and aiding the aggressor state.

 It has been established that amendment to the criminal law with a separate article, which foresees criminal liability for collaborative activity, is, in some cases, the criminalization of actions that were not previously criminally liable. However, in another part of situations, it is still about a differentiation of criminal liability. There are made conclusions regarding a correlation of the Articles 111, 1111, 1112 of the Criminal Code of Ukraine among themselves and it is indicated in which situations the specified elements of crimes can be incriminated cumulatively.

It is emphasized that timeliness of amending to the criminal law should be estimated taking into account how actively the relevant norms are applied in the relevant period in practice. In a situation, if there is no urgent need to amend to the criminal law, the relevant provisions of the criminal law can generally cover the range of actions that are socially dangerous, then the amendment to the criminal law by differentiating a criminal liability should be postponed.

Bibliography

Journal articles

1. Antoniuk N, ‘Derzhavna zrada i kolaboratsiina diialnist: pytannia kryminalnopravovoi kvalifikatsii’ [2021] 4 (37) Slovo natsionalnoi shkoly suddiv Ukrainy 56–68 (in Ukrainian).

2. Pysmenskyi Ye, ‘Kolaboratsionizm u suchasnii Ukraini yak kryminalno-pravova problema’ (2020) 12 Pravo Ukrainy 116–28 (in Ukrainian).

Conference papers

 3. Rubashchenko M, ‘Kryminalna vidpovidalnist za kolaboratsionizm za chynnym KK Ukrainy’ v Sotsialna funktsiia kryminalnoho prava: problemy naukovoho zabezpechennia, zakonotvorennia ta pravozastosuvannia: materialy mizhnar. nauk.-prakt. konf. (Tatsii V holov red, Borysov V zast holov red, Pravo 2016) 329–30 (in Ukrainian).

Websites

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