High treason and collaboration: execution cannot be pardoned

Abstract

The article identifies, on the basis of statistical data, the peculiarities of criminal law response to high treason and collaboration. The proportion of persons convicted of high treason and collaboration has been increasing every year. Of all the forms of collaboration, only “informational” collaboration, as provided for in Part 1 of Art. 111-1 of the Criminal Code of Ukraine, demonstrates a decrease in the proportion of convicted persons in 2024, while the proportion of convicted persons for all other forms of collaboration increased compared to previous years. In terms of the criminal legal response to high treason in 2022-2024, against the background of an increase in the number of convicted persons under Parts 1 and 2 of Art. 111 of the Criminal Code of Ukraine, the following main trends took place a small number of persons sentenced to life imprisonment (5%), approximately 95% of the convicts were sentenced to imprisonment for a fixed term; imprisonment for a term of 10 to 15 years was also imposed on 95% of the convicts; those convicted of high treason were sentenced to such additional punishments as deprivation of the right to hold certain positions or engage in certain activities (on average - 18% of convicts), confiscation of property (on average - 84% of convicts) and deprivation of military rank, rank, rank or qualification class (on average - 4% of convicts). In terms of the criminal legal response to the commission of collaboration in 2022-2024, against the background of an increase in the number of convicted persons under parts of Art. 111-1 of the Criminal Code of Ukraine, the following main trends took place: the following types of basic punishments were imposed on convicts for committing collaboration (all forms): imprisonment (9 persons (or 5%) in 2022, 139 persons (or 27%) in 2023, 500 persons (or 52%) in 2024); in 2024, the variability of the courts’ choice of the main types of basic punishments for persons convicted under Art. 111-1 of the Criminal Code of Ukraine, which was effectively reduced to imposing under parts 1 and 2 of this article the basic punishment of deprivation of the right to hold certain positions or engage in certain activities, and under parts 3-7 of Art. 111-1 of the CC the punishment of imprisonment for a certain term, and in some cases - a fine.