Informational collaborationism: рroblematic aspects of interpretation and application of criminal law norms

The article is dedicated to examining the forms of criminally punishable informational collaborationism. The author provides an original definition of informational collaborationism, explaining its various forms (ideological, cultural, educational) and highlighting their hybrid nature. In analyzing ideological collaborationism as specified in Part 1 of Article 1111 of the Criminal Code of Ukraine, particular attention is paid to resolving the conflict between this provision and the related norm that establishes criminal liability for justifying, recognizing as lawful, denying the armed aggression of the Russian Federation against Ukraine, or glorifying its participants (Article 4362 of the Criminal Code). The article emphasizes the inadvisability of absolutizing the principle of legal certainty when addressing conflicts between legal norms and underscores the importance of logical analysis of criminal law concepts. The article also discusses the issue of educational collaborationism in the form of conducting propaganda in educational institutions (Part 3 of Article 1111 of the Criminal Code) and presents views on understanding such a form of informational collaborationism as engaging in informational activities (Part 6 of Article 1111 of the Criminal Code), which is proposed to be associated solely with the systematic professional activities of specialized subjects in the information sphere. As a result of the research, several proposals are made to improve the legal norms regarding informational collaborationism, with particular emphasis on the importance of taking into account international humanitarian law when applying these norms.

Authors

Publication Details

Journal
INFORMATION AND LAW
Published
2024-12-10
DOI
https://doi.org/10.37750/2616-6798.2024.4(51).318138
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Informational collaborationism: рroblematic aspects of interpretation and application of criminal law norms

N. V. Netesa
INFORMATION AND LAW
Ukrainian Legal and Forensic Studies
article

Informational collaborationism: рroblematic aspects of interpretation and application of criminal law norms

N. V. Netesa
article en

Abstract

The article is dedicated to examining the forms of criminally punishable informational collaborationism. The author provides an original definition of informational collaborationism, explaining its various forms (ideological, cultural, educational) and highlighting their hybrid nature. In analyzing ideological collaborationism as specified in Part 1 of Article 1111 of the Criminal Code of Ukraine, particular attention is paid to resolving the conflict between this provision and the related norm that establishes criminal liability for justifying, recognizing as lawful, denying the armed aggression of the Russian Federation against Ukraine, or glorifying its participants (Article 4362 of the Criminal Code). The article emphasizes the inadvisability of absolutizing the principle of legal certainty when addressing conflicts between legal norms and underscores the importance of logical analysis of criminal law concepts. The article also discusses the issue of educational collaborationism in the form of conducting propaganda in educational institutions (Part 3 of Article 1111 of the Criminal Code) and presents views on understanding such a form of informational collaborationism as engaging in informational activities (Part 6 of Article 1111 of the Criminal Code), which is proposed to be associated solely with the systematic professional activities of specialized subjects in the information sphere. As a result of the research, several proposals are made to improve the legal norms regarding informational collaborationism, with particular emphasis on the importance of taking into account international humanitarian law when applying these norms.

INFORMATION AND LAW(4(51))
Peace, Justice and strong institutions
Openalex Percentile: Top 62%
Ukrainian Legal and Forensic Studies
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Informational collaborationism: рroblematic aspects of interpretation and application of criminal law norms — N. V. Netesa · INFORMATION AND LAW (2024) | TGRS Research Map | TGRS