OCCUPATION AS A CONTEXTUAL ELEMENT OF COLLABORATION ACTIVITY: INTERNATIONAL LEGAL AND CRIMINAL LAW DIMENSIONS

Abstract

The article provides a comprehensive analysis of occupation as a contextual element of collaboration activity in the context of a contemporary international armed conflict and the armed aggression of the Russian Federation against Ukraine. The study examines the international legal and criminal law dimensions of the concept of occupation, as well as its significance for the legal qualification of certain forms of collaboration activity envisaged under Article 111-1 of the Criminal Code of Ukraine. Particular attention is devoted to the analysis of the legal positions formulated by the Supreme Court in the ruling of the Criminal Cassation Court dated 10 December 2024 in Case No. 202/13808/23, in which occupation was effectively regarded as an inherent precondition for the existence of collaboration activity. It is substantiated that establishing the fact of occupation is of fundamental importance for the criminal law assessment of acts bearing characteristics of collaboration activity. Based on an analysis of the provisions of international humanitarian law, the case law of the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, the article examines the criteria for determining occupation of territory and the effective control exercised by an occupying power. The article argues that the absence of clear criteria for defining occupation in domestic criminal legislation creates risks for law enforcement practice.