Some Criteria for Distinguishing Collaborative Activities from Related Activities
Abstract
Abstract. The article is devoted to the definition and analysis of the criteria for distinguishing collaborative activities from related acts. The fact of the existence of debatable, insufficiently or poorly researched issues in the context of distinguishing collaborative activities from related acts is stated, which additionally indicates the relevance of determining the criteria for distinguishing collaborative activities from related acts, including their subjective features. The purpose of the work is determined - to clarify the criteria for distinguishing collaborative activities from related criminal offenses. To achieve the set goal, the following methods were used: dialectical, comparative law, formal-logical, method of system analysis, morphological, methods of analysis and synthesis. The specified methodological basis contributed to the logic and scientific validity of the study. The essence of the distinction of criminal offenses as a legal activity is determined, which is implemented in the course of creating criminal-legal regulatory provisions, interpreting the norms of the Criminal Code of Ukraine, in the process of implementing criminal-legal qualification and consists in establishing the place of a specific criminal offense in the system of offenses with common features and the system of all legislative models of criminal-punitive behavior, which is implemented by comparing the content of the features of the offenses and consists in identifying the essence of their connections with each other. Common (a pair or group of features of different offenses, each of which is a feature of a separate offense, the content of which fully or partially coincides) and distinguishing (a pair (group) of corresponding features of different criminal offenses with common features, reflected by the compared incompatible concepts) features of the criteria for distinguishing criminal offenses are distinguished. A conclusion is drawn on determining the essence of collaborative activity in the context of international law. When distinguishing between criminal offenses provided for in Art. 111-1 of the Criminal Code and Art. 111, 111-2, 114, 260, 436, 436-2 of the Criminal Code, the possibility of a person performing public functions as a sign of the subject of the offense provided for only in Art. 111-1 of the Criminal Code, as well as those signs of the subject of the criminal offense that are associated with the presence or absence of Ukrainian citizenship, was established. The practical significance of this study was determined - the establishment and analysis of the criteria for distinguishing the specified criminal offenses will contribute to increasing the effectiveness of countering collaborative activities and crimes against the foundations of national security, the correct qualification of the actions of persons committing the specified offenses, and the imposition of fair punishment on the relevant persons.
Keywords: national security; criminal offense; criminal liability; crimes against the foundations of national security; collaborationist activity; high treason; aiding and abetting an aggressor state; espionage; war propaganda.
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