Differentiation of grounds for criminal liability for treason and collaboration: historical aspect

Abstract

The article examines the issue of distinguishing between the grounds of criminal liability for high treason and collaborationism, which is of particular relevance in the context of current challenges to Ukraine’s national security. In connection with the armed aggression by the Russian Federation and large-scale manifestations of cooperation of citizens with the occupation authorities, there is a need for a clear legal distinction between the concepts of “treason” and “collaboration”. In particular, the article analyzes the historical development of the institutions of criminal liability for these crimes, taking into account the experience of both Ukrainian law and international legal practices. The article examines the evolution of approaches to the definition of treason and collaboration in Ukrainian legislation, from ancient times, the Soviet Union and the modern period. Particular attention is paid to the comparative analysis of legal norms that existed in different historical periods in order to identify the main trends and changes in the understanding of these crimes. The author also examines the international experience of criminalizing collaborationism, in particular in European countries that faced similar challenges after World War II. Thus, the article aims to deepen the understanding of the legal basis for distinguishing between high treason and collaboration, which will contribute to more effective protection of national interests and justice in Ukraine.