Relationship Between Collaborative Activities and Military Criminal Offenses

Abstract

The article is devoted to setting up and solving the problem of the ratio of the composition of military criminal offenses and the composition of collaborative activities in the temporarily occupied territories of Ukraine against the background of military aggression by the Russian Federation. The relevance of the issues of this scientific article is that after the seizure of Crimea and parts of the Donetsk and Luhansk regions, the legislator repeatedly made changes to the current Criminal Code of Ukraine, which led to various points of view of scientists and law enforcement agencies (the police, the State Bureau of Investigation, the Security Service of Ukraine, prosecutor's office, court, etc.) to qualify the actions of citizens of Ukraine who remained in the temporarily occupied territories, while in some cases they intentionally committed actions (inaction) to the detriment of interests. The purpose of this article is to analyze the problematic aspects of the correlation of collaborative activities with military criminal offenses and to formulate rules for solving individual qualification problems arising from the correlation of the specified acts. The research is based on the use of general scientific, special legal and interdisciplinary methods of cognition. The obtained results make it possible to assert that collaborative activity, unlike military criminal offenses, encroaches, first of all, on the foundations of Ukraine's national security and is sometimes committed together with treason. The generic object of military criminal offenses is social relations in the sphere of normal activity of the military organization of Ukraine, which, although it plays one of the key roles in maintaining the appropriate level of security, territorial integrity and inviolability of the state, is not identical to the generic object of Section I of the Special Part of the Criminal Code of Ukraine.