THE MAIN GUIDELINES FOR DISTINGUISHING COLLABORATION ACTIVITIES FROM RELATED CRIMINAL OFFENSES

Abstract

The article is devoted to investigation of the basic landmarks for delimitation of of the criminal offenses structures, provided by Art. 111-1 of the Criminal Code, from adjacent components of criminal offenses under Art. 111, 114, 260, 436, 436-2 of the Criminal Code of Ukraine. When demarcating (demarcating) collaborative activities from (and) related criminal offenses, the authors took as a basis the following "algorithm" of qualification of criminal offenses under Art. 111-1 of the Criminal Code, and their separation (delimitation) from related crimes: features of the object, the objective side, the subject and the subjective side. During the study, the authors concluded that the criteria for distinguishing the composition of criminal offenses under Art. 111-1 of the Criminal Code of Ukraine (further – CC), among themselves and with other related criminal offenses should recognize the signs of their composition, related to the object, act, place of commission of the act, the circumstances of criminal offenses, as well as the subject and subjective party. For the first, such a distinction based on criteria related to the objective side and the subject of these criminal offenses (these criteria are mandatory (basic) for the distinction). These criteria provide differentiation between criminal offenses under Part 1 of Art. 111-1 and Art. 436, 436-2, Art. 111-1 of the CC and Art. 111 of the CC; Part 7 of Art. 111- 1 of the CC and Art. 260 of the CC; Part 5 of Art. 111-1of the CC; Part 3 of Art. 111-1 of the CC and Art. 436 of the CC. With the help of these criteria, differentiate between criminal offenses under: Part 1 of Art. 111-1 of the CC and Art. 436, 436-2, Art. 111-1 of the CC and Art. 111 of the CC; Part 7 of Art. 111-1 of the CC and Art. 260 of the CC; Part 5 of Art. 111-1 of the CC; Part 3 of Art. 111-1 of the CC and Art. 436 of the CC.