Actions of Ukrainian citizens aimed at implementing the educational standards of the aggressor state in educational institutions: criminal-legal characteristics of the composition of a criminal offense from the point of view of theory and practice

The article provides a criminal-legal description of the composition of the criminal offense provided for in Part 3 of Article 111-1 of the Criminal Code, namely, “actions of citizens of Ukraine aimed at implementing the educational standards of the aggressor state in educational institutions.” Such a criminal-legal description is carried out both from the point of view of the theory of criminal law and from the point of view of the practice of applying this norm. It is determined that the object of this criminal offense is the national security of Ukraine. As for the objective side, actions aimed at implementing educational standards should be understood as an organizational and administrative decision of an official (in particular, an official of an educational institution) to transition to it. This may be a decision to adopt educational programs of the Russian Federation for implementation , control over their compliance, participation in the retraining of teachers/ lecturers, etc. It is concluded that “actions aimed at implementing educational standards” cannot be interpreted as the commission of any organizational actions by an official. The position of theorists who correctly distinguish such concepts as «implementation» and «realization» of educational standards is given. It is emphasized that «ordinary teachers», whose educational activities were not related to the implementation of educational standards of the occupying state in educational institutions in the temporarily occupied territories, but concerned exclusively the implementation of the relevant standards, do not constitute this element of the criminal offense. Referring to specific court cases, the author proves that practitioners lack a clear understanding of what “actions aimed at implementing educational standards” mean. As a result, in procedural documents, in particular verdicts , the subject is accused of committing actions that have a very indirect relationship to the implementation of educational standards. The subjects of actions aimed at implementing education are most often school principals (or acting principals), deputy principals, and less often rectors and vice-rectors of higher education institutions. Subjective parties and the composition of the criminal offense provided for in Part 3 of Article 111-1 of the Criminal Code, in the second form can be characterized as direct or indirect intent.