Проблематика розмежування державної зради та воєнного колабораціонізму

The article carries out a comprehensive comparative analysis of the elements of crimes provided for in Art. 111 (high treason) and Part 7 of Art. 111-1 (military collaboration) of the Criminal Code of Ukraine. Based on a study of theoretical sources and judicial practice for 2022–2024, it was established that there is a significant coincidence of objective and subjective features of these crimes, which creates significant difficulties in law enforcement. It is determined that the direct object of military collaboration is the national interests of the state in ensuring military security, and of state treason is the national security of Ukraine mainly in the sphere of state security, information, economic, scientific and technological and military spheres. It is established that the object of the crime provided for in Art. 111 of the Criminal Code of Ukraine is broader, but overlaps with the object of Part 7 of Art. 111-1 of the Criminal Code of Ukraine in the sphere of military security. The subjective aspects of both crimes, which are characterized by direct intent, were analyzed. It was noted that the subject of the analyzed crimes is also common – a citizen of Ukraine. It was established that the difference is the broader nature of the objective aspect of Art. 111 than Part 7 of Art. 111-1 of the Criminal Code of Ukraine. In the process of analyzing the norms, it was established that the objective aspect of the crime provided for in Part 7 of Art. 111-1 of the Criminal Code of Ukraine (voluntary participation of a citizen of Ukraine in illegal armed or paramilitary formations created in a temporarily occupied territory and/or in armed formations of the aggressor state or providing such formations with assistance in conducting hostilities against the Armed Forces of Ukraine and other military formations formed in accordance with the laws of Ukraine, volunteer formations that were formed or self-organized to protect the independence, sovereignty and territorial integrity of Ukraine) can be qualified as one of the three forms of state treason, in particular, going over to the side of the enemy during an armed conflict. In this regard, after analyzing the opinions of various lawyers and judicial practice, a conclusion was made on the appropriateness of amending the Criminal Code of Ukraine, namely by removing from Part 7 of Article 111-1 the reference to military collaboration, which should receive a criminal legal assessment with reference to Art. 111 of the Criminal Code of Ukraine.