SUBJECT OF COLLABORATIVE ACTIVITY (THEORETICAL AND APPLIED ANALYSIS)

Abstract

The article is devoted to the multivariate interpretation of the provision on collaboration in terms of the subject composition. The author provides arguments in favor of recognizing a citizen of Ukraine as a subject of collaboration activity (parts 4 and 6 of Article 111-1 of the Criminal Code of Ukraine), which will meet the objectives of adopting relevant amendments to the criminal law and the needs of law enforcement. It is emphasized that the characterization of the subject composition of collaboration is incomplete without taking into account its additional features in the following cases: implementation of the aggressor State's education standards (Part 3); conducting economic activities in cooperation with the aggressor State (Part 4); holding positions in illegal authorities related to the performance of organizational, administrative or administrative and economic functions, as well as positions in illegal judicial or law enforcement bodies established in the temporarily occupied territory (Parts 5 and 7 of Article 111-1). It is substantiated that a mandatory feature of a special entity (part 4 of Article 111-1) will be the state registration of the fact of its economic activity, regardless of where and under what conditions it takes place. It is argued that liability for holding positions in illegal judicial and law enforcement bodies should provide for the subject's having relevant organizational and administrative or administrative and economic functions. Otherwise, the public danger of such unlawful behavior (determined by the sanction) will not be correlated with its nature (content) and consequences. The latter, although outside the scope of Part 7 of Article 111-1 of the Criminal Code of Ukraine, are directly related to the administration of justice or provision of law enforcement services.