Punishment of collaborative activity
Authors: Knyzhenko O. , Angelutsa N. , Negoda A. 
Published: October 2023

In connection with the criminalization of collaborative activity in our country, law enforcement officers have several questions. Among them, a special place is occupied by the application of punishment and other criminal-legal response measures for the commission of collaborative activity, because the effectiveness of the legal norm largely depends on the limitations of rights and freedoms provided by the law on criminal liability. Clarifying the scope of criminal law restrictions that are imposed on guilty persons will allow to assess the quality of the criminal law norm.

Unfortunately, the raised issue was not the subject of separate attention of researchers. The main part of scientific works is currently devoted to the problems of distinguishing manifestations of collaborative activity from each other, as well as from related criminal offenses.

The purpose of the article is to analyze the sanctions of criminal legal norms that establish responsibility for collaborative activity. On the basis of the conducted analysis, provide a comprehensive vision of the possible criminal legal consequences for the guilty person for committing the specified acts.

This study found that it was established that the legislator established imprisonment as the main type of punishment for most forms of collaborative activity. Its term was differentiated depending on the type of collaborative activity. Deprivation of liberty for committing collaborative activities is always combined with the application of an additional type of punishment - deprivation of the right to hold certain positions or engage in certain activities.

The law provides for a fine (Part 4 of Article 111-1 of the Criminal Code of Ukraine), correctional labor and arrest (Part 3 of Article 111-1 of the Criminal Code of Ukraine) as alternative, milder punishments to imprisonment for collaborative activity.

In the sanction for committing a qualified crime, the legislator established life imprisonment as an alternative to deprivation of liberty.

Confiscation of property is combined with the possibility of imposing such an additional type of punishment as deprivation of the right to hold certain positions or engage in certain activities (Part 4-8 of Article 111-1 of the Criminal Code of Ukraine). At the same time, in most cases, confiscation of property is provided as an additional optional type of punishment (parts 2, 5-7 of the Criminal Code of Ukraine), and therefore may not be imposed if the court reaches such a conclusion.

For the commission of collaborative activity by its authorized person, the possibility of applying measures of a criminal legal nature against legal entities is provided.

Exemption from criminal liability may be applied to persons who have committed collaborative activities in connection with the transfer of a person to bail.

The provisions of Part 1 and Part 2 of Art. 111-1 of the Criminal Code of Ukraine testify to the need to amend the title of Section I of the Special Part of the Criminal Code of Ukraine, since the type of punishment specified in them indicates that the prescribed acts belong to the category of criminal misdemeanors.