ON THE PROBLEMS OF FORMATION AND IMPLEMENTATION OF THE CRIMINAL LAW POLICY OF UKRAINE UNDER MARTIAL LAW (BASED ON THE EXAMPLE OF A CASE OF COLLABORATIVE ACTIVITY)

Abstract

The article examines the challenges in formulating and implementing Ukraine's crim-inal law policy under martial law, focusing on a case adjudicated by the court involving collaborative activity in the business (economic) sector (Part 4 of Article 111-1 of the Crimi-nal Code of Ukraine). In this instance, an individual was found guilty and sentenced for engaging in economic activities in collaboration with the aggressor state and illegal author-ities established in the temporarily occupied territory. The available factual data for analysis revealed uncertainties within the criminal law provision concerning collaborative activities, indicating poor drafting. Consequently, this ambiguity affects the accurate qualification of collaborative activity, leading to flawed outcomes. The specific circumstances of the case highlight deficiencies in both legislation and law enforcement effectiveness. This scholarly research relies on openly available court materials and a journalistic investigation. The study on the formation and implementation of Ukraine's criminal law policy un-der martial law was conducted using the case study method. Through examining a specific case involving collaborative activities, this approach facilitated the identification and demonstration of issues within Ukraine's criminal law policy under martial law. Based on these findings, recommendations were formulated for practical solutions. It underscores the necessity to amend Article 111-1 of the Criminal Code of Ukraine concerning liability for collaborative activity in the business (economic) sphere. Without such amendments, the criminal law policy encounters challenges related to adapting the application practices of Part 4 of Article 111-1 of the Criminal Code of Ukraine, and the impossibility of its literal and formal interpretation.