Do you help the invaders or do you deny the war in Ukraine? What awaits you after victory over the Russian Federation
I will try to explain: - What is collaboration? - Russia's war against Ukraine has been going on for eight years, that is, until March 2022 was not a crime? What is collaboration is cooperation with the aggressor state, its occupation administration and/or its armed or paramilitary formations.
The Criminal Code of Ukraine calls collaboration (which is important) only by citizens of Ukraine, namely (to have patience, a long -term): - public objection to the citizen of Ukraine of armed aggression against Ukraine, establishing and establishing temporary occupation of part of the territory of Ukraine.
For example, a teacher of one of the lyceums in Odessa region was sentenced to repost of publications in the Russian social network Classmates (forbidden in Ukraine since 2017), in which Russia's aggression in Ukraine was called "special operations for the dental dwellers of Donbass", which allegedly rejoice. You may also talk about television or any other public statements.
Under the agreement with the teacher's prosecutor, they were sentenced to deprived of the right to hold the positions related to the performance of the functions of the state and local self -government for 15 years. - public calls for cooperation or support of decisions/actions of the aggressor state, armed formations or occupation administration, to non-recognition of the spread of state sovereignty of Ukraine to the temporarily occupied territories of Ukraine.
Example: A man who works as a school shopping in Chernihiv tried to bow people towards the occupation administration. To do this, he made a video call not to provoke Russian troops, not to interfere with the territory of Ukraine, to support the actions of the aggressor state during the martial law in Ukraine. For this, the man was sentenced to deprivation of the right to occupy positions related to the performance of functions of the state and local self -government for 10 years.
Another example is the pensioner in Kharkiv region to be sentenced to the same punishment. At the end of May, in the line of humanitarian assistance, he publicly denied Russian aggression against Ukraine and urged to support the decisions and actions of the occupying state. . There are no examples of such cases in the Judicial Register of Ukraine. But the essence is: organizational and administrative functions are management functions.
They have heads of ministries, other authorities, enterprises, institutions and organizations, their deputies, heads of structural units (heads of workshops, heads of departments, laboratories, departments), their deputies, persons who manage the areas . Administrative and economic functions are functions for managing or disposal of property.
If a person voluntarily occupies a position in the occupying authority that does not give the powers listed here, he or she can be responsible as a collaborator under this paragraph. For example, it can even be a secretary or a PR. - propaganda in educational institutions in order to promote armed aggression against Ukraine, establish/approve temporary occupation, avoid liability for armed aggression against Ukraine.
- actions aimed at implementing the standards of education of the aggressor state in educational institutions. You can read more about the qualification of such crimes here. - the transfer of material resources to illegal armed or paramilitary formation created in the temporarily occupied territory or the formation of the aggressor state.
Example: the village head in Sumy region searched the Russian military house, which they later used for interrogations, and collected for them in the village of hunting weapons. The man pleaded guilty, concluded an agreement with the prosecutor and received a penalty - 34,000 UAH. - conducting economic activity in cooperation with the aggressor state, illegal occupation authorities.
The court register does not have examples where a person is suspected or convicted solely for doing business with invaders. However, in combination with other crime compositions, this is sometimes charged with entrepreneurs who helped the occupiers: "Citizen of Ukraine from late March 2022 to 10 September 2022 he went to the occupied city of Kupyansk in Kharkiv, where he purchased food and household goods. them on his vehicle to his store.
He then carried out his business as an individual entrepreneur in cooperation with representatives of the Armed Forces of the Russian Federation and other military armed forces of the occupying country and transferred food and household goods to representatives of the Armed Forces and other military formations of the Russian Federation.
" -voluntary occupation of a position related to the performance of organizational, administrative or administrative-economic functions, in illegal occupation authorities, or voluntary election to such bodies. For example, by a resolution of September 16, the court took into custody a man who voluntarily occupied the post of Acting in July 2022. Head of KP "Public Development of the City" of the self-proclaimed occupation "military-civilian administration of Kupyansky district in Kharkiv region".
Another example: the court allowed to conduct a correspondence investigation into a man who voluntarily agreed to hold the position of head of the State Bank branch, under the control of the LNR, in Kupyansk, during the occupation. - participation in the organization and holding of illegal elections/referendums in the temporarily occupied territory. The court register does not have information about similar cases.
But I think that the content of the crime is obvious - it is committed by citizens of Ukraine who voluntarily help to carry out illegal referendums in Ukraine. For example, members of the commissions on the organization of referendums on the accession of Ukrainian territories to Russia. - public calls for such elections/referendums.
-organization and implementation of political measures (congresses, meetings, rallies, hiking, demonstrations, conferences, round tables), carrying out information activities in cooperation with the aggressor/occupation administration aimed at supporting the aggressor state, in the absence of signs of state betrayal, active participation in such events. - voluntary occupation of a position in illegal judicial or law enforcement agencies established in the temporarily occupied territory.
For example, working in police under the control of occupation power. - voluntary participation in illegal armed or paramilitary formations created in the temporarily occupied territory and/or in the armed formations of the aggressor state or assisting them in combat. Until March 2022, collaboration was not a crime? There is no retroactive law.
That is, people who conducted referendums and elections in the temporarily occupied territory of Donetsk, Luhansk and Crimea, went to work in the police controlled by the LDNR terrorist organization in 2014, or continued to work in the temporarily occupied territory "judges/civil servants", cannot be liable under the article of the Criminal Code "Collaboration". So they did not commit a crime? They were done. But these actions were qualified under other articles of the Criminal Code: Article 110.
"Encroaching on the territorial integrity and inviolability of Ukraine" - provides for liability for public calls or distribution of materials calling for violation of the territorial integrity of Ukraine. This is exactly how the actions of collaborators who spread public calls to support the actions of the aggressor state, or teachers who spread Russian propaganda in schools, which contained calls for violation of Ukraine's territorial integrity. Article 110-2.
"Financing actions taken for a violent change or overthrow of the constitutional order or seizure of state power, change of boundaries of the territory or state border of Ukraine. " As practice shows that it may also be about taxes with taxes in the occupied Crimea or in the temporarily occupied territory of Luhansk and Donetsk region-the crime is quite close to "conducting economic activity in cooperation with the aggressor state, illegal occupation authorities. " Article 111.
"State betrayal" - an act committed by a citizen of Ukraine to the detriment of sovereignty, territorial integrity and integrity, defense capability, state, economic or information security of Ukraine: transition to the side of the enemy in the conditions of martial law or in the period of armed conflict, espionage. to a foreign country, a foreign organization or their representatives of assistance in conducting subversive activities against Ukraine.
Collaboration VS State betrayal of a large number of actions described in the article on collaborative activity, could previously be treated. For example, the transfer of material resources to illegal armed formation, created in the temporarily occupied territory or the transition to the side of the enemy and employment to the occupied authorities of officials and law enforcement officers.
Currently, it is unclear what is the difference between how it is described in the article about state treason and how it is described in the article on collaboration. At first glance, the only aspect that distinguishes these crimes is intent. The traitor commits a crime in order to harm the sovereignty, territorial integrity, defense, the security of Ukraine, and the collaborator - for other reasons.
The same question can be posed in the crime "financing of actions taken to violently changing the boundaries of the territory or the state border of Ukraine". It is difficult to understand what the difference with the provision of financial assistance/conducting business with the occupiers. The only conclusion is the difference in the purpose of the crime.
The collaborator can be guided by the unwillingness to help change Ukraine's borders, and, for example, to gain financial benefits or gain useful relationships. In any case, the most detailed article on collaboration in the Criminal Code, despite some doubts about what situations it should be applied to, is useful in our realities.