REGARDING THE ESTABLISHMENT OF SUBJECTIVE SIGNS OF COLLABORATIVE ACTIVITY (SUMMARY OF JUDICIAL PRACTICE MATERIALS)

Abstract

The article is devoted to the analysis of the subjective features of the corpus delicti provided for in Art. 1111 of the Criminal Code of Ukraine, through the analysis of sentences that have entered into force (as of November 1, 2022). According to the information of the Unified State Register of Court Decisions, 89 guilty verdicts under Part 1 of Art. 1111 of the Criminal Code of Ukraine (93.7%) and according to Part 4 of Art. 1111 Criminal Code of Ukraine - 6 (6.3%). Emphasis is placed on the form of guilt when committing collaborative actions, taking into account the test of Art. 1111 of the Criminal Code of Ukraine, criminal legal doctrine and law enforcement practice of the court. The need to establish exclusively direct intent, which must be indicated in the procedural documents, is substantiated. It was concluded that the courts actually ignore the establishment of the motive and purpose of the collaborative activity. At the same time, it was found that the motives and purpose of the actions taken by the subjects do not have a selfish orientation, but are deter-mined by the denial of the very existence of Ukrainian statehood and the desire of the guilty person to promote the regime of occupation on the territory of Ukraine. Attention was paid to the features of the subject of collaborative activity, attention was paid to the need to supplement part 4 of Art. 111-1 of the Criminal Code of Ukraine indicat-ing the Ukrainian citizenship of the person committing this crime. Taking into account the materials of judicial practice, the characteristics of the collaborators are provided, taking into account gender, type of occupation and the presence of a criminal record. It was estab-lished that in the vast majority of cases, the subjects of criminal offenses for which respon-sibility is provided for in parts 1 and 4 of Art. 1111 of the Criminal Code of Ukraine, there are men who do not have an official place of employment. In order to achieve the goal of punishment, it is proposed to change the non-alternative sanction of Part 1 of Article 111-1 of the Criminal Code of Ukraine.