SC Representatives Joined the Discussion of the Collaboration Phenomenon as a Challenge to the Judiciary

The Supreme Court and the entire judicial system are aware of how important it is today to fight the internal enemy that is no less dangerous than the external one. The above was pointed out by the SC President Vsevolod Kniaziev during a round table on the topic "Collaboration as a Challenge to the Judiciary", organized by the High Council of Justice.

“Collaboration is a challenge to the entire society which prevents us from moving towards our victory as quickly as possible. At a time when Ukrainian defenders are on the front line fighting the enemy, liberating our lands, we must do everything to help them. Therefore, the fight against collaboration and treason is our main task," the SC President is convinced.

Vsevolod Kniaziev stressed that the Supreme Court, like the judicial system in general, categorically condemns the facts of collaboration and considers it unacceptable for both judges and any of the civil servants to have dual citizenship, in particular the citizenship of the aggressor country. In each such case, a proper investigation must be conducted and a decision taken, as provided for by the Constitution and laws of Ukraine.

The SC President assured that all proceedings on collaboration activities submitted to courts would be considered in accordance with the current legislation, and the perpetrators will receive fair and reasonable sentences, regardless of who committed the criminal offence - a high-ranking official or an ordinary citizen.

In addition, Vsevolod Kniaziev emphasized the issue of the lack of an authorized composition of the High Council of Justice and remarked that if the HCJ had worked, most of the problems in the judiciary, in particular those related to the facts of collaboration, would have been solved.

Stanislav Kravchenko, President of the Criminal Cassation Court within the Supreme Court, recalled that on March 3, 2022, the Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Establishing Criminal Liability for Collaboration Activities”, according to which the Criminal Code of Ukraine was supplemented by Article 111-1 "Collaborative Activity". According to him, collaborative activity is a milder form of treason, but no less dangerous criminal offenсe.

Currently a lot of criminal proceedings, both on collaborative activities and on high treason, have been sent to the courts. As of September 26, 2022 (since the beginning of the active phase of the armed aggression), the courts have received 358 criminal proceedings on high treason (168 have been considered) and 283 on collaborative activities (140 have been considered).

In general, Art. 111-1 of the Criminal Code of Ukraine is unique because it combines eight dispositions that qualify as collaborative activities. It contains a wide range of socially dangerous acts - from criminal misdemeanors to particularly grave crimes. Given the complexity of both the article and its parts (parts 1-7 provide for several forms of criminal offence), there are controversial issues.

The main problem is the distinction between Articles 111 and 111-1 of the Criminal Code of Ukraine and the qualification of actions in their totality. And case law in resolving these issues will largely depend on how the accusation is formulated by the pre-trial investigation bodies. Therefore, it is extremely important for the judicial community to hold joint events with representatives of other authorities in order to develop common approaches to solving problematic issues.