DISTINGUISHING TREASON FROM COLLABORATIVE ACTIVITIES

Abstract

In this work, a distinction is made between collaborative activity and treason. It is substantiated that there is an additional optional object (life and property rights) in the collaborative activity, and its individual forms of manifestation require the establishment of a special subject - material resources. The indicated actions differ between the individual and the subject, since collaborative activity can be performed not only by a citizen of Ukraine, but also by a foreigner and a stateless person. The position is argued that the main criterion for demarcation is the ascertainment of the presence or absence of the task of a foreign state, organization or their representatives. Auxiliary criteria are time and setting, since collaborative activities usually take place in already occupied territories, or at least already started armed conflict or under martial law. Attention is drawn to the fact that the intent to commit treason is inextricably linked to the establishment of a connection between a citizen of Ukraine and a foreign state, its organizations or their representatives, aimed at harming sovereignty, territorial integrity and inviolability, defense capability, state, economic or informational security of Ukraine. Treason can be committed for the benefit of any state, and collaborative activity - only for the benefit of the aggressor state.

The transition to the side of the enemy in the form of 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 or assisting with such formations in the conduct of hostilities against the Armed Forces of Ukraine from collaborative activities turns out to be impossible to distinguish.

The abovementioned determines the presence of different judicial practice, which stands in the way of the realization of the right to a fair trial. The indicated problem can be solved in several ways: 1) make changes to the current criminal legislation by interpreting the phrase "turning over to the side of the enemy" so that its meaning differs from the specified manifestation of collaborative activity; 2) to exclude from collaborative activity as a manifestation of collaborationism the voluntary participation of a citizen of Ukraine in illegal armed or paramilitary formations created on the temporarily occupied territory and/or in the armed formations of the aggressor state or providing assistance to such formations in conducting hostilities against the Armed Forces of Ukraine, since these actions are a transition to the side of the enemy; 3) give conclusions at the level of the Supreme Court, guided by the provisions of Art. 434-1 of the Criminal Procedure Code of Ukraine, which will ensure the equal application of the provisions of criminal legislation.