Collaboration with the enemy under the criminal law of Ukraine and other European states: comparative research

The paper provides criminal law interpretation of collaboration offenses in Ukraine and several other European countries. The study critically elaborates on the overlapping provisions in Ukraine’s Criminal Code, specifically Articles 111 (treason), 111-1 (collaboration activity), and 111-2 (aiding the aggressor state), which create inconsistencies and hinder effective prosecution in the area of national security. Using comparative, historical, and systemic analytical methods, the authors highlight the challenges in distinguishing between collaboration, treason, and other related crimes under Ukrainian law. The study contrasts these issues with the clearer frameworks established in some European countries like Lithuania and Estonia, where collaboration and treason are distinctly defined. The authors propose reforms to Ukrainian criminal legislation, including removing Article 111-2 and clarifying the distinctions between treason and collaboration. The paper advocates for adopting specific provisions for less severe offenses, similar to European models, to ensure proportionality and coherence in criminal liability. The study highlights an important aspect observed in many European countries, where lawmakers distinguish a separate provision for “military treason” (serving in the armed forces of an enemy state) apart from general treason offenses. It has been established the sanctions for such actions are particularly severe. This underscores the urgency of removing any elements of such conduct from the privileged provision in Article 111-1 of the Criminal Code of Ukraine, titled “Collaborative Activity.”