FEATURES OF THE CRIMINAL LEGAL QUALIFICATION OF COLLABORATIVE ACTIVITIES IN THE EDUCATION SPHERE

Abstract

The article carries out a systematic analysis of legislative prescriptions regarding collaborative activity in the educational sphere and its criminal-legal qualification. Attention is drawn to the fact that collaborationism was criminalized only in March 2022, but its manifestations should be studied from the moment of the occupation of certain territories of Ukraine back in February 2014. The relevance of the problem is further argued by the fact that it is one of the most widespread criminal offenses in the state, and its share among of crimes against the foundations of national security of Ukraine exceeds fifty percent. It is emphasized that the criminalization of specific forms of collaborationism in the educational sphere caused criticism and fear of "selective" justice among scientists, their exclusion was proposed, and ambiguous interpretations of the law were also cited, which contained significant contradictions. In the article the doctrine of criminal law regarding the qualification of collaborative activity in the educational sphere has been critically analyzed. Summarized judicial practice of application of Part 3 of Art. 111-1 of the Criminal Code (as of February 1, 2024), specific forms of committing this crime were studied. The author's vision of the essence of objective and subjective signs of an action is given. The expediency of the position of recognizing the subject of a crime in the event of actions aimed at implementing the education standards of the aggressor state in educational institutions, only for officials in the field of education, is supported. The problematic nature of the criminal-legal assessment of cases when the implementation of educational standards has already taken place, but the educational process has not started due to de-occupation or the occupation authorities have not granted permission for the implementation of the educational process in the educational institution. It is argued that in this case there are grounds for bringing persons to justice. The problem of the qualification of propaganda in educational institutions with the aim of facilitating the implementation of armed aggression against Ukraine, the establishment and approval of the temporary occupation of part of the territory of Ukraine, and the avoidance of responsibility for the implementation of armed aggression against Ukraine by the aggressor state is analyzed. Attention is drawn to the reasonableness of arresting, in particular, education workers who are not official, for committing this type of collaborative activity. Based on the results of the study, conclusions and suggestions for improving law enforcement activities were made.