The article is devoted to the study of problematic aspects of determining the characteristics of the subject of a criminal offense, provided for by Article 111¹ of the Criminal Code of Ukraine, which regulates liability for collaborative activities. The specified norm, which in the Criminal Code, quite logically, was called «Collaborative activity», includes 7 parts, which describe independent elements of criminal offenses, and 1 part, which describes a qualifying feature that does not apply to all forms of collaborative activity defined in the previous parts. In turn, almost each of the parts of Article 111¹ of the Criminal Code of Ukraine describes several forms of collaborative activity. The forms of manifestation of collaborative activity specified in the law are different in their essence, at the same time, some of them compete with each other and other offenses provided for by the Criminal Code of Ukraine. As of today, the media reports on a large number of criminal proceedings initiated by law enforcement agencies under this article. Given today’s realities, the number of cases in this category will only increase. The lack of proper documentation methods and unified approaches can lead to procedural violations, which, in turn, will provoke an increase in the number of appeals to the European Court of Human Rights, and, as a result, may negatively affect the reputation of Ukraine as a legal state. Given the above, it is predicted that numerous discussions will take place among practitioners and scholars on both the correct interpretation and improvement of the content of Article 111¹ of the Criminal Code of Ukraine, as well as existing and future judicial and investigative practice. Among other issues that have become the subject of discussion within the framework of Article 111¹ of the Criminal Code of Ukraine, the issue of determining the subject of collaborative activity arises separately. The study focuses on the analysis of the constituent elements of the special subject of this offense, including signs of age, citizenship, legal status. A comparative analysis of scientific approaches to the definition of a special subject in the context of modern legal realities has been conducted. A number of debatable issues related to the ambiguous interpretation of legal norms regulating collaborative activities have been identified. Conclusions have been drawn regarding the need to improve the legislative formulation of Article 111¹ of the Criminal Code of Ukraine in order to clearly delimit the subject composition of the offense. Ways for further scientific research and legislative initiatives in this area have been proposed.
Andrii Sharandak (Mon,) studied this question.