“合作”、“合作主义”、“合作”、“合作活动”:术语多元主义的历史和刑事法律维度

Mykola Rubashchenko
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摘要

本文致力于分析在反映人民与占领者合作中术语多元化的历史和法律渊源。所提供材料的相关性是由于增加了乌克兰刑法第1111条关于合作活动,在历史、法律、社会学研究和立法工作中存在术语多样性,以及俄罗斯联邦对乌克兰部分领土的持续占领。本文的目的是阐明术语多元性的起源,这些术语多元性指的是人口与占领者之间的各种形式和类型的相互作用(合作、协作、协作主义、协作活动),并研究它们在法律层面上投射的可能性和权宜性。研究策略首先涉及到认知的一般科学方法的使用。一种特殊的历史研究方法和语言学研究方法在实现本文的目标中发挥了主要作用。在研究过程中,人们确定了术语多元化的主要原因是试图根据占领者的思想和动机特征、互动的环境和背景来区分与占领者的不同类型的互动。反过来,这又与与占领者合作问题的“地狱般的”复杂性有关。从现有的历史方法和外来词借用的语言学角度来看,刑法中引入“合作活动”一词是不成功的。有必要将合作主义视为一个广义概念,表示与占领者合作的自然现象,这是有根据的。确定勾结行为的广度是律师的事。这一现象应首先在法律领域加以考虑。任何超出法律谴责范围的行为都不能被视为通敌主义的组成部分。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
«Collaboration», «Collaborationism», «Cooperation», «Collaborative Activity»: Historical and Criminal Legal Dimensions of Terminological Pluralism
The article is devoted to the analysis of historical and law origins of terminological pluralism in the reflection of the cooperation of the population with the occupier. The relevance of the presented material is due to the addition of Article 1111 of the Criminal Code of Ukraine on collaborative activities, the presence of terminological diversity in historical, law, sociological research and legislative work, as well as the ongoing occupation of part of the territories of Ukraine by the Russian Federation.. The aim of the article is to shed light on the genesis of the terminological pluralism that refer to various forms and types of interaction between the population and the occupier (cooperation, collaboration, collaborationism, collaborative activity) and to study the possibility and expediency of their projection on the law dimension. The research strategy involves the use, first of all, of general scientific methods of cognition. The main role in achieving the goal of the article was played by a special historical method and methods of linguistic research. In the process of research, it was established that the main reason for terminological pluralism is the attempt to distinguish different types of interaction with the occupier depending on their ideological and motivational characteristics, circumstances and context of interaction. This, in turn, is connected with the "hellish" complexity of the problem of collaboration with the occupier. It is concluded that the term "collaborative activity" introduced in criminal law is not successful in view of the existing historical approaches and linguistic aspects of borrowing foreign words. The need to consider collaborationism as a generalized concept denoting the natural phenomenon of cooperation with the occupier is substantiated. Determining the breadth of collaborationism is a matter for lawyers. This phenomenon should be considered primarily in the legal sphere. Everything that is beyond legal condemnation cannot be recognized as a component of collaborationism.
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