On the issue of criminal liability for information collaboration activities

Abstract

The article examines the peculiarities of theoretical and practical problems of the legal qualification of criminal liability for information collaboration activities. It has been stated that information collaborationism is defined as the conscious, voluntary cooperation of a person with the aggressor or his temporary administration, which consists of spreading disinformation, propaganda, or justifying the aggressor’s actions. It is indicated that, according to the main punishable actions under Part 6 of Article 111-1 of the Criminal Code of Ukraine, according to the relevant judicial practice, information activities had the following manifestations, namely: (1) giving interviews of a propaganda nature to state television channels of the russian federation; (2) distributing publications on the Internet; (3) creation of a network of accounts in which propaganda materials were distributed; (4) development of the concept of information policy as a component of the policy of the aggressor state on the occupation of territories and the retention of occupied territories; (5) coordinating the work of the media in the occupation administration with the dissemination of propaganda materials on the Internet; (6) creating propaganda materials on request, etc. It is revealed that the subject of collaborative activity belongs to the special category, namely: it can be a sane individual who has reached the age of 16 and is a citizen of Ukraine. It was found that the object of criminal offenses provided for in Article 111-1 of the Criminal Code of Ukraine is the foundation of Ukraine’s national security. It has been established that the objective side of the criminal offense provided for in Part 6 of Article 111-1 of the Criminal Code of Ukraine is expressed in four forms: (1) organization of political events; (2) holding political events; (3) carrying out information activities; (4) active participation in such events. It has been determined that in accordance with Part 6 of Article 111-1 of the Criminal Code of Ukraine, responsibility for information activities arises in the absence of signs of high treason. Similar actions may also be qualified under other articles of the Criminal Code of Ukraine: “Justification, recognition as lawful, denial of the armed aggression of the Russian Federation against Ukraine” (Article 436-2). The need for clear criteria for distinguishing public objections and public appeals as forms of collaborative activity, provided for in Part 1 of Article 111-1 of the Criminal Code of Ukraine, from information activities under Part 6 of Article 111-1 of the Criminal Code of Ukraine is indicated. It has been established that the acts provided for in Part 6 of Article 111-1 of the Criminal Code of Ukraine are punishable by corrective labor for a term of up to two years or arrest for a term of up to six months, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of ten to fifteen years.