Peculiarities of evidence in the course of investigation of criminal offences under parts 1, 2 of Article 111-1 of the Criminal Code of Ukraine
Abstract
The scientific search for the peculiarities of evidence in the course of investigation of criminal offences under Parts 1 and 2 of Article 111-1 of the Criminal Code of Ukraine is due to the fact that with the beginning of the full-scale invasion of Ukraine by the Russian Federation, collaborationism at the level of national legislation, scientific doctrine and higher legal education has acquired a fundamentally new meaning. It is also advisable to take into account the fact that the historical basis of collaboration is treason, the normative consolidation of which has its roots in Roman law.
Information and psychological operations, dissemination of relevant narratives to the formation of attitudes and orientations among the population, which may later become the basis for committing criminal offences under Parts 1, 2 of Article 111-1 of the Criminal Code of Ukraine. At the level of changes in the criminal procedure legislation, current trends and approaches to pre-trial investigation, the basic principles and features of pre-trial investigation of collaboration activities have been rethought.
It is substantiated that in modern conditions, evidence in the course of investigation of criminal offences under Parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine is inseparable from taking into account the features of modern equipment which can be used for information transmission, analysis of computer information and information from correspondence, channels and groups in social networks containing valuable information, samples of signatures, seals and other details of documents which reflect information about the collaboration activities of individuals and groups.
Other relevant features of evidence in the course of investigation of criminal offences under parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine include: the need to conduct as many investigative (search) and procedural actions as possible, including specific forensic examinations, of which one of the most common is the technical examination of document details; interaction of pre-trial investigation bodies and the public in the course of exchange of orientation information of investigative and inquiry units with volunteers, local activists, representatives of NGOs, writers, representatives of the scientific and creative intelligentsia, i.e. conscious and patriotic citizens who refused to cooperate with the occupation administration during the occupation and actively resisted it. Such interaction in the specific security conditions of martial law does not necessarily require face-to-face communication. Public messages on Twitter, Instagram, Facebook, and TikTok, which may contain information about persons involved in collaboration activities, their relationships with local residents and/or the occupation administration, etc., have significant potential for providing orientation information.
Downloads
References
Fris, P. (2023). Psychological and Ideological Basis of Collaboration in the Conditions of Russian Aggression in Ukraine. Review of European and Comparative Law, 1, 89–100. https://doi.org/10.31743/recl.16515.
Antonyuk, N. A. (2022). Criminal and Legal Assessment of Collaborationism: A Change of Views in Connection with Russia’s Military Aggression against Ukraine. Access to Justice in Eastern Europe, 3, 137–145.
Fabre, C. (2020). The Morality of Treason. Law and Philosophy, 39(4), 427–461. https://doi.org/10.1007/s10982-020-09392-5.
Couhade-Beyneix, C. (2017). Some Remarks on the Treason and proditores under the Roman Republic. Droit Et Cultures, 74, 15–35.
Lockwood, M. (2013). From Treason to Homicide: Changing Conceptions of the Law of Petty Treason in Early Modern England. Journal of Legal History, 34(1), 31–49.
Batiashvili, N. (2022). Anxiety of treason in a small country: “Russian agents” and disturbed identities in Georgia. History and Anthropology, 35(3), 394–414. https://doi.org/10.1080/02757206.2022.2116018.
Ballot-Lena, A. (2017). Treason and Betrayal in Business Law. Treason and Betrayal in Business Law. Droit Et Cultures, 74, 89–113.
Office of the Prosecutor General, Department of Supervision of Law Enforcement by Security Authorities, & Department of Protection of Children’s Interests and Combating Domestic Violence. (2024). Collaborative activity, features of procedural guidance of pretrial investigation in criminal proceedings regarding offenses provided for in Article 111-1 of the Criminal Code of Ukraine. Kyiv.
Antoniuk, N., & Anisimov, H. (2022, July 26). How to distinguish between collaborative activities and related criminal offenses. Judicial Power of Ukraine.
Ficara, A., Fiumara, G., Catanese, S., De Meo, P., & Liu, X. (2022). The Whole Is Greater than the Sum of the Parts: A Multilayer Approach on Criminal Networks. Future Internet, 14(5). https://doi.org/10.3390/fi14050123.
Velayudhan, S., & Somasundaram, M. (2019). Compromised account detection in online social networks: A survey. Concurrency and Computation-Practice & Experience, 31(20). DOI: https://doi.org/10.1002/cpe.5346.
Gottschalk, P., & Solli-Saether, H. (2010). Computer Information Systems in Financial Crime Investigations. Journal of Computer Information Systems, 50(3), 41–49.
Koopmans, M., & James, J. (2013). Automated network triage. Digital Investigation, 10(2), 129–137.
Zahumennyi, O. O. (2022). Problematic issues of using modern information and other technologies in the implementation of investigator’s and interrogator’s instructions by operational units. Law and Safety, 1(84), 189–195.
Investigation Department of the Main Directorate of the National Police in the Kharkiv region. (2024). When investigating criminal offenses - misdemeanors, provided for in part 1, 2 of art. 111-1 of the Criminal Code of Ukraine “Collaborative activity”. Kharkiv.
Teteriatnyk, H., Mudretska, H., & Reznichenko, H. (2023). Actual problems in the investigation of criminal offenses related to collaborative activities. Yurydyka.
Copyright (c) 2024 S. Ye. Ablamskyi, O. V. Kovtun, V. V. Ablamska
This work is licensed under a Creative Commons Attribution 4.0 International License.