Providing assistance to a foreign state, foreign organization or their representatives in carrying out subversive activities against Ukraine as a form of high treason (Article 111 of the Criminal Code of Ukraine): certain aspects of the criminal-legal cha

Abstract

According to the provisions of Part 1 of Article 111 of the Criminal Code of Ukraine, one of the forms of high treason is providing assistance to a foreign state, foreign organization or their representatives in carrying out subversive activities against Ukraine, which are characterized by a high degree of public danger. In particular, this is due to the fact that the commission of relevant acts encroaches on public relations that arise regarding ensuring the foundations of national security of Ukraine, namely, sovereignty, territorial integrity and inviolability, defense capability, state, economic or information security of Ukraine.
In the process of conducting a relevant scientific study, the author supports the idea of replacing the term «subversive activity» in Part 1 of Article 111 of the Criminal Code of Ukraine with «intelligence and subversive activity».
In addition, the author also stated that providing assistance to a foreign state, foreign organization, or their representatives in carrying out subversive activities against Ukraine: a) can be committed both in the form of action and in the form of inaction; b) at the moment of completion is a crime with a formal component and is considered completed precisely from the moment of completion of at least one task to the detriment of the sovereignty, territorial integrity and inviolability, defense capability, state, economic or information security of Ukraine, which was the subject of an agreement between the perpetrator and a representative of a foreign state or foreign organization; c) from the subjective side it is characterized by an intentional form of guilt (direct intent), however, the purpose of committing this crime may be different and does not affect its qualification.