TREASON, “MILITARY” COLLABORATION, UNAUTHORIZED DISSEMINATION OF MILITARY SIGNIFICANT INFORMATION: PROBLEMS OF CORRELATION AND DELIMITATION (EXAMPLE OF CASE № 202/13808/23)

Abstract

The article, based on the example of case No. 202/13808/23 considered by the panel of judges of the Second Judicial Chamber of the Cassation Criminal Court as part of the Supreme Court, demonstrates the problems that arise in practice when distinguishing the components of “treason”, “military” collaborationism” and the so-called “unauthorized dissemination of military information, with the aim of providing such information to a state that carries out armed aggression against of Ukraine, or its representatives, or other illegal armed formations” (Article 111, Part 7 of Article 111-1 and Part 3 of Article 114-2 of the Criminal Code of Ukraine, respectively). As a result of the analysis of the corresponding decision of the highest court in the judicial system of Ukraine, it is concluded that, reclassifying the actions of the guilty party from 7th century 111-1 on h. 3 Art. 114-2 of the Criminal Code of Ukraine, the representatives of Themis made a gross mistake, because, having taken into account the relevant purpose in the last norm, they completely ignored the fact that the condition of its application there is a lack of signs of high treason in the committed act, which is exactly what happened in our situation. In order to solve the indicated problems in law enforcement, it is proposed to: 1) remove from ch. 7th century 111-1 of the Criminal Code of Ukraine indicating “the 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, and providing assistance to such formations in conducting hostilities against Ukraine”; 2) to exclude from the list of the provided parts 3 Art. 114-2 of the Criminal Code of Ukraine qualifying signs of unauthorized dissemination of militarily significant information indicating the purpose of “providing relevant information to the state carrying out armed aggression against Ukraine, or to its representatives, or to other illegal armed formations”. At the end of the article, promising directions for further scientific research in the relevant area are defined.