CRIMINAL LIABILITY FOR INFORMATIONAL AND IDEOLOGICAL COLLABORATIONISM: PROBLEMS OF PRACTICE, PROSPECTS FOR IMPROVING LEGISLATION

Abstract

The article critically analyzes the current practice of criminal liability for informational and ideological collaborationism, as a result of which the main problems existing in the area under consideration are identified, and scientifically substantiated recommendations aimed at their elimination are developed, both for improving the relevant provisions of the current Criminal Code and for implementing the latter in the practical activities of judicial and law enforcement bodies. In particular, in order to improve criminal legislation, it was proposed:1) to indicate in Art. 111-1 of the Criminal Code the organization and holding, along with informational ones, of ideological events of at least a cultural and sports nature;2) to harmonize the sanctions provided for the commission of certain types of informational and ideological collaborationism, which should result in the elimination of the currently unjustified striking differentiation in the punishment of acts that are characterized by approximately the same degree and nature of social danger;3) recognize the deprivation of the right to hold certain positions or engage in certain activities not as the main, but as an additional punishment provided for the commission of torts provided for in Part 1 and Part 2 of Article 111-1 of the Criminal Code;4) leave in the criminal legislation a single norm dedicated to the public denial/justification of armed aggression against Ukraine, which should be recognized as a separate, distinct from collaborationism, type of encroachment on the national security of Ukraine;5) establish at the legislative level as mandatory signs of any types of collaborationism that, firstly, such behavior is manifested in voluntary cooperation with the aggressor state, and secondly, the place of its commission is the temporarily occupied territory of Ukraine.