Release from punishment of persons convicted of collaborative activity: analysis of the current state of law enforcement and its further prospects

The article focuses on the issue of release from punishment of persons who have committed collaborative activity (Article 111-1 of the Criminal Code of Ukraine), which is considered from the perspective of analysing the current state of application of criminal law provisions on release from punishment and determining further prospects for the development of the relevant area of law application. Based on the study of court statistics, it is established the degree of demand for criminal law provisions on release from punishment of persons who have committed collaborative activity in law enforcement practice (2022–2023). Emphasis is placed on the fact that the criminal law provision provided for in Article 111-1 of the Criminal Code of Ukraine, taking into account the sanctions provided for therein, mostly makes it impossible to apply most types of release from punishment of an encouraging kind. Based on concrete examples, this article analyses the qualitative characteristics that are crucial for the current practice of applying for release from punishment and its serving to collaborators. It is proved that their release from serving a sentence with probation (Articles 75-79 of the Criminal Code of Ukraine) is the most common among other types of release from punishment that may be applied to a convicted person. There are cases of conviction of persons for committing a criminal offence under Article 111-1 of the Criminal Code of Ukraine that raise doubts as to the proper motivation, validity, and legality of the decisions made on release from serving a sentence on probation. It is found that although convicted persons for collaborative activity under Part 1—Part 4 of Article 111-1 of the Criminal Code of Ukraine are formally entitled to release from punishment due to the loss of public danger (Part 4 of Article 74 of the Criminal Code of Ukraine), this type of release from punishment is not applied. Currently, there are also no cases in law enforcement practice available for study of collaborators being released from punishment due to serious illness (part 2 of Article 84 of the Criminal Code of Ukraine), which is possible after the commission of any criminal offence under Article 111-1 of the Criminal Code of Ukraine. A separate section deals with the prospects of applying amnesty to persons who have committed collaborative activity. It is emphasised that the relevant need will inevitably arise, given the international experience of overcoming the consequences of armed conflicts and the scope of the occupied territories of Ukraine. It is concluded that at the current stage, it is necessary to determine professionally the socially acceptable framework for future amnesty to ensure the fairness of the criminal law reaction to persons who have committed collaborative activity by releasing them from punishment. Before the application of amnesty, it is proposed to provide a special ground for release from criminal liability for collaborative activity in Article 111-1 of the Criminal Code of Ukraine.