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Article Features of Criminal-Legal Qualification Crimes Provided for in Part 4 Article 1111 of the Criminal Code of Ukraine and Their Relationship with Related Elements of Crimes
Authors
ANDRIY BENITSKIY

Ph.D. in Law, Professor, professor of the Department of professional and special disciplines of Kherson Faculty Odessa State University of Internal Affairs (Odesa, Ukraine) ORCID ID: https://orcid.org/0000-0002-9505-4495 benitsky@ukr.net

 

Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11 / 2022
Pages 88 - 99
Annotation

The work is devoted to the specifics of the criminal-legal qualification of the transfer of material resources to illegal armed or paramilitary formations created on the temporarily occupied territory, or to armed or paramilitary formations of the aggressor state; of carrying out economic activities in cooperation with the aggressor state, illegal authorities created on the temporarily occupied territory, including the occupation administration of the aggressor state.

 Features were identified that are inherent in the forms of collaborative activity provided for in Part 4 of Art. 1111 of the Criminal Code of Ukraine, the criteria for distinguishing them from aiding the aggressor state, laundering criminal proceeds, and providing assistance in conducting subversive activities against Ukraine have been established. The problems of the competition of criminal-legal norms are considered and cases are noted when high treason and assistance to the aggressor state absorb the composition of the crime provided for in part 4 of Article 1111 of the Criminal Code of Ukraine. The article deals with the issues of the totality of crimes and the rules of their qualification. The cases where a combination of the crimes provided for in part 4 of Article 1111 or Article 1112 of Article 209 of the Criminal Code of Ukraine are committed have been analyzed. The feasibility of criminalizing non-reporting of crimes against the foundations of national security of Ukraine, where the subject is a person who became reliably aware of such crimes, regardless of the stage of their commission, is substantiated.

 

Keywords collaboration; transfer of material resources; carrying out economic activities; assistance to the aggressor state; occupation administration; subversion; laundering of criminally obtained property
References

Bibliography

Authored books

1. Benitskiy A, Prychetnist do zlochiny: problem kryminalnoi vidpovidalnosti (Lugansk 2016) (in Ukrainian).

 

Journal articles

2. Kravchuk O, Bondarenko M, ‘Kolaboratsiina dialnist : naukovo-praktictnyi komentar do novoi statti 1111 KK’ (2022) 3 Law scientific and electronic journal <http://lsej.org. ua/3_2022/45.pdf> (in Ukrainian).

 

Conference papers

3. Chekmareva I, ‘Kriminalno-pravova kharakteristika st. 1111 KK Ukrainy’ v Aktualni pytannia kryminalno-pravovoi kvalifikatsii, dokumentuvannia ta rozsliduvannia kolaboratsionnizmu: Vseukrainska naukovo-praktychna konferentsiia (2022) (in Ukrainian).

 

Websites

4. Berdnik I, ‘Kvalifikatsiia kryminalnykh pravoporushen proty osnov natsionaltoi bezpeky ta zlochiniv, povizxanykh iz viinoiu’ <http://surl.li/dvdcc> (accessed: 22.11.2022) (in Ukrainian).

 

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