CORRELATION OF THE CONCEPTS 'STATE TREASON', «COLLABORATION ACTIVITY» AND «AIDING THE AGGRESSOR STATE» IN CRIMINAL LAW DOCTRINE: CRITERIA FOR DISTINCTION AT THE PRE-TRIAL INVESTIGATION STAGE

Abstract

The article provides a comprehensive criminal law analysis of the offences under
Articles 111, 111-1 and 111-2 of the Criminal Code of Ukraine (hereinafter - CC of Ukraine),
which establish liability for crimes against the foundations of national security in the context of the
armed conflict caused by the Russian Federation's full-scale armed aggression against Ukraine. The
objective and subjective elements of each offence are examined in detail, and a systematic
comparison is conducted according to the criteria of subject, actus reus, mens rea and proximate
object. The hierarchical structure of the examined norms is demonstrated and the subsidiary nature
of Art. 111-2 of the CC in relation to Arts. 111 and 111-1 is substantiated. The legal positions of
the Criminal Cassation Court of the Supreme Court (hereinafter - CCC SC) and judicial practice for
2022–2026 are analysed, including landmark rulings in cases No. 639/1528/22, No. 161/12980/22,
No. 638/5446/22, No. 183/184/23 and No. 569/4319/24. Systemic violations of the principle of
equality before the law in investigative and judicial practice, manifesting as inconsistent qualification
of substantively identical acts, are identified. The absence of a Plenary Supreme Court ruling
clarifying the criteria for distinguishing the related offences is identified as a significant law-enforcement
gap. A comparative legal analysis of analogous legislative provisions in the French
Republic, the Republic of Poland, and the United States of America was conducted, establishing
that the differentiation of liability based on the degree of threat to public safety is a fundamental
principle in these countries; common principles and differences in approaches to the criminalization
of high treason and collaborationism were also identified. A consolidated table of criteria
for distinguishing Arts. 111, 111-1 and 111-2 of the CC and a five-step qualification algorithm
suitable for direct application at the pre-trial investigation stage are proposed. De lege ferenda
recommendations for improving existing criminal legislation are formulated.