Features of forensic characteristics collaboration activities

Abstract

The article analyzes the forensic characteristics of criminal offenses under the newly introduced Art. 1111 «Collaborative activities» of the Criminal Code of Ukraine. It is analyzed that some forensic methods of investigating criminal offenses are based on their forensic characteristics. The investigator's knowledge of such elements as the manner of committing a criminal offense, the identity of the offender, will allow to put forward the relevant investigative versions, determine the direction of work, as well as outline the range of persons involved. It is noted that collaborationism is a conscious, voluntary and deliberate cooperation with the enemy in his interests and to the detriment of his state and its allies. And in the legislation of most countries, collaborationism is qualified as a crime against their state, treason. Depending on the extent of the damage caused by the collaborator, the law provides for either long-term imprisonment or the death penalty. The author's definition of the term «collaborator» is given as a person who intentionally, voluntarily and knowingly cooperated or called for cooperation with military formations or representatives of the occupation administration of the aggressor state. It is noted that criminal proceedings against these persons will be opened under the newly introduced article of the Criminal Code of Ukraine. In addition, the legislator provided in the Criminal Procedure Code of Ukraine that in criminal proceedings for collaborative activities may be a special pre-trial investigation (in absentia) on the basis of the decision of the investigating judge. The author argues that the main elements of the forensic characteristics of collaborative activities should include: method, place, time of the crime, means of criminal encroachment and the identity of the offender. In addition, it is noted that there are many ways to carry out collaborative activities, as Art. 1111 of the Criminal Code of Ukraine contains a large number of criminal offenses. It is concluded that the most typical and common for collaboration activities are areas that are temporarily occupied by the aggressor state. The time of committing this criminal offense is the time of armed aggression against Ukraine and occupation of its territories. It has been established that the mass media and the Internet can be called means of criminal encroachment. Citizens of Ukraine, foreigners, stateless persons and legal entities will be considered criminals.