Responsibility for Collaboration Activities: Criminal Law Counteraction or a Road Leading Nowhere

Abstract

The article deals with the issues of compliance with the principles of criminal law policy on the example of criminalization of a criminal offense under Article 111-1 of the Criminal Code of Ukraine. The author considers the compliance of the grounds for criminal liability for collaboration with the general institutions of the law on criminal liability, in particular, with Part 1 of Article 1 of the Criminal Code of Ukraine regarding the objectives of the law on criminal liability. It is stated that the addition of Article 111-1 “Collaboration Activities” to the law on criminal liability is due to the emotional and affective reaction of the supreme legislative body of our country – the Verkhovna Rada of Ukraine – to the military aggression of the russian federation in violation of several principles of criminal law policy. The author substantiates the inexpediency of establishing in all parts of Article 111-1 of the Criminal Code the punishment of deprivation of the right to hold certain positions or engage in certain activities for a period of ten to fifteen years and the impossibility of applying this type of punishment according to the approaches established in criminal law. The article analyzes the shortcomings of the simplified procedure for proceedings under Article 111-1 of the Criminal Code without a court hearing, as well as the use of criminal proceedings under this provision in the absence of a suspect or accused (in absentia). The author analyzes the compliance of the content of this provision and the grounds for criminal liability established by it with the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949, with regard to ensuring that the population in the occupied territories has access to health care facilities, the proper functioning of institutions responsible for the care and education of children, and the involvement of the population in work related to utilities, food, housing, clothing, transportation and health of the occupied territory. It is concluded that the performance of such work cannot be defined as a criminal offense, as it is guaranteed by an international convention ratified by Ukraine in 1954. The author emphasizes the need to revise the grounds for criminal liability for collaboration activities before the end of the war and de-occupation of the entire territory of Ukraine in order to ensure the best possible post-war restoration of our country and to ensure the rights and freedoms of man and citizen guaranteed by the Constitution of Ukraine. At the same time, the author emphasizes that today the connection between the State and legal academic science has been lost.