Collaboration Activities and Assistance to the Aggressor State: Theoretical-Practical Distinction

Abstract. This article is dedicated to the analysis of newly introduced provisions in the Criminal Code of Ukraine, which criminalize such offenses as "collaborative activities" and "assistance to the aggressor state." Research into the practices of law enforcement agencies in investigating these crimes has revealed complexity in distinguishing between the aforementioned offenses and related provisions of the same Code that were adopted earlier. This necessitated a deeper analysis of this issue.

The article provides a theoretical analysis of Articles 1111 and 1112 of the Criminal Code of Ukraine, demonstrating certain similarities in their formulations. This can be explained by the urgent need for their rapid adoption in light of the international armed conflict initiated by the Russian Federation on February 24, 2024. The legislature, aiming to prevent future offenses by individuals residing in the occupied territories, defined a range of criminally punishable acts but somewhat allowed for tautology and included concepts lacking universally accepted meanings in the process of drafting these provisions. The identified errors in drafting these norms contribute to the complexity of developing judicial practice and correctly applying them in practice.

Against the backdrop of the theoretical analysis of these norms, the authors proposed their differentiation, particularly between Part 4 of Article 1111 and the relevant part of Article 1112, which envisage "voluntary collection, preparation, and/or transfer of material resources or other assets to representatives of the aggressor state." It is suggested to differentiate these nearly identical forms of criminal acts based on the form of possession of material resources and assets or the circle of subjects to whom they are addressed.

Given the aforementioned issues, in July 2022, a bill was introduced to the Verkhovna Rada of Ukraine proposing amendments to the Criminal Code of Ukraine. The project contains a revised version of Article 1111 "Collaborative Activities," which includes an updated list of criminal offenses, including those envisaged in Article 1112 of the Criminal Code of Ukraine (the latter is proposed for exclusion). According to the authors, these changes will eliminate all contentious issues regarding the complexity of distinguishing between these and related norms, which in turn will positively affect the work of law enforcement agencies.