On the issue of criminal-legal qualification of the voluntary occupation by a citizen of Ukraine of a position related to the performance of organizational-managerial or administrative-economic functions in educational institutions established in the te

In The article examines approaches to the criminal-legal qualification of the actions of citizens of Ukraine consisting in voluntarily occupying a position related to the performance of organizational and managerial or administrative and economic functions in educational institutions established in the temporarily occupied territory, and the performance of such functions by them in this position. A general conclusion is made that in the judicial practice of Ukraine there is ambiguity in the approaches to the criminal legal assessment of such situations. It is noted that according to the first (most common) approach, the actions of citizens of Ukraine who voluntarily occupy a position related to the performance of organizational and managerial or administrative and economic functions in educational institutions established in the temporarily occupied territory and perform their functions in this position are qualified under Part 3 of Article 111-1 of the Criminal Code in the form of «implementation of educational standards of the aggressor state in educational institutions.» According to the second approach, the actions of the heads of educational institutions are qualified by a set of criminal offenses provided for in Part 3 of Article 111-1; Part 1 of Article 111-2 of the Criminal Code. They are accused of implementing the educational standards of the aggressor state and assisting the aggressor state in the form of implementing or supporting the decisions of the occupation administration of the aggressor state. The author questions the correctness of this approach to criminal legal qualification. According to the third approach, the voluntary occupation by a citizen of Ukraine of a position related to the performance of organizational and managerial or administrative and economic functions in educational institutions established in the temporarily occupied territory, and the performance by him of such functions in this position is qualified by a set of criminal offenses provided for in Part 3 of Article 111-1; Part 5 of Article 111-1 of the Criminal Code. However, in the author’s opinion, such an approach to criminal legal qualification is erroneous, since an educational institution is not a state authority, and therefore there are no grounds for qualifying the actions of such persons under Part 5 of Article 111-1 of the Criminal Code. The conclusion is made that in any case, approaches to the criminal legal assessment of similar situations should be unified in order to achieve the goals of criminal justice.