Distinguishing collaboration from related elements of crime
The article is devoted to the distinction between the corpus delicti of crimes under Article 111-1 of the Criminal Code of Ukraine “Collaboration” and related crimes. Scientific articles by researchers who studied who have studied the objective and subjective features of collaboration have been anal...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-10-01
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| Series: | Вісник Харківського національного університету внутрішніх справ |
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| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/641 |
| _version_ | 1797428149348204544 |
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| author | O. V. Pletnov Ye. V. Kovalenko |
| author_facet | O. V. Pletnov Ye. V. Kovalenko |
| author_sort | O. V. Pletnov |
| collection | DOAJ |
| description | The article is devoted to the distinction between the corpus delicti of crimes under Article 111-1 of the Criminal Code of Ukraine “Collaboration” and related crimes. Scientific articles by researchers who studied who have studied the objective and subjective features of collaboration have been analysed. It is stated that collaboration differs from high treason by the nature of the acts constituting the objective element of the crime, the time of the crime and the subject of the crime. The collaboration is distinguished from aiding and abetting the aggressor State by the subject of collaboration.The set of actions that make up the objective side of the specified crimes also has differences. The difference between the creation of illegal paramilitary formations and collaborative activities lies in the object of the crime. In addition, the crime provided for in Part 7 of Article 111-1 of the Criminal Code of Ukraine is committed in the conditions of the Ukrainian territory occupation as a result of the invasion of the aggressor state troops. The collaborative activity must be distinguished from the crime provided for in Article 436-2 of the Criminal Code of Ukraine “Justification, recognition as legitimate, denial of the armed aggression of the russian federation against Ukraine, glorification of its participants”. The differences are in the object of the crime. In addition, collaboration can only be carried out in the occupied territory.It is proposed to make changes to the Criminal Code of Ukraine. In particular, it is proposed to define the concept of subversive activity, which is used in Article 111 of the Criminal Code of Ukraine. It is necessary to specify the list of actions that can be considered as assisting the enemy in subversive activities. Establish clear distinctions between collaborative activities and assisting the enemy in subversive activities. It is necessary to solve other problematic issues of qualification of violations of the legislation of Ukraine under Article 111-1 of the Criminal Code of Ukraine or other articles of the Code containing similar offenses. |
| first_indexed | 2024-03-09T08:53:53Z |
| format | Article |
| id | doaj.art-1da5885d1fef4ed596bfe40e667a068a |
| institution | Directory Open Access Journal |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| last_indexed | 2024-03-09T08:53:53Z |
| publishDate | 2023-10-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Вісник Харківського національного університету внутрішніх справ |
| spelling | doaj.art-1da5885d1fef4ed596bfe40e667a068a2023-12-02T13:27:57ZukrKharkiv National University of Internal AffairsВісник Харківського національного університету внутрішніх справ1999-57172617-278X2023-10-011023 (Part 2)15916810.32631/v.2023.3.38641Distinguishing collaboration from related elements of crimeO. V. Pletnov0Ye. V. Kovalenko1Yaroslav Mudryi National Law UniversityYaroslav Mudryi National Law UniversityThe article is devoted to the distinction between the corpus delicti of crimes under Article 111-1 of the Criminal Code of Ukraine “Collaboration” and related crimes. Scientific articles by researchers who studied who have studied the objective and subjective features of collaboration have been analysed. It is stated that collaboration differs from high treason by the nature of the acts constituting the objective element of the crime, the time of the crime and the subject of the crime. The collaboration is distinguished from aiding and abetting the aggressor State by the subject of collaboration.The set of actions that make up the objective side of the specified crimes also has differences. The difference between the creation of illegal paramilitary formations and collaborative activities lies in the object of the crime. In addition, the crime provided for in Part 7 of Article 111-1 of the Criminal Code of Ukraine is committed in the conditions of the Ukrainian territory occupation as a result of the invasion of the aggressor state troops. The collaborative activity must be distinguished from the crime provided for in Article 436-2 of the Criminal Code of Ukraine “Justification, recognition as legitimate, denial of the armed aggression of the russian federation against Ukraine, glorification of its participants”. The differences are in the object of the crime. In addition, collaboration can only be carried out in the occupied territory.It is proposed to make changes to the Criminal Code of Ukraine. In particular, it is proposed to define the concept of subversive activity, which is used in Article 111 of the Criminal Code of Ukraine. It is necessary to specify the list of actions that can be considered as assisting the enemy in subversive activities. Establish clear distinctions between collaborative activities and assisting the enemy in subversive activities. It is necessary to solve other problematic issues of qualification of violations of the legislation of Ukraine under Article 111-1 of the Criminal Code of Ukraine or other articles of the Code containing similar offenses.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/641collaborationcollaborative activityelements of crimedemarcationaggressor state. |
| spellingShingle | O. V. Pletnov Ye. V. Kovalenko Distinguishing collaboration from related elements of crime Вісник Харківського національного університету внутрішніх справ collaboration collaborative activity elements of crime demarcation aggressor state. |
| title | Distinguishing collaboration from related elements of crime |
| title_full | Distinguishing collaboration from related elements of crime |
| title_fullStr | Distinguishing collaboration from related elements of crime |
| title_full_unstemmed | Distinguishing collaboration from related elements of crime |
| title_short | Distinguishing collaboration from related elements of crime |
| title_sort | distinguishing collaboration from related elements of crime |
| topic | collaboration collaborative activity elements of crime demarcation aggressor state. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/641 |
| work_keys_str_mv | AT ovpletnov distinguishingcollaborationfromrelatedelementsofcrime AT yevkovalenko distinguishingcollaborationfromrelatedelementsofcrime |