In the research differentiate the criminal liability for the treason, taking into account the type of the subject of the crime, and establish the responsibility of the servicemen and officials who occupy a particularly responsible position, in the qualified composition of the crime, has been proved. It was stated that persons who have the citizenship of Ukraine and at the same time have belonging to another state (other states) should also be subject to criminal liability for state treason. It is substantiated that the subject of the commission of a state treason, the way of passing to the side of the enemy, can only be a special-concrete one (which, in addition to general and special features, at the time of the commission of a socially dangerous act, has additional specific, definite features), since the transition from one side («Its») to the enemy, one who belongs to the belligerent side, is an opponent in the war, in hostilities.
The object of the crime «State treason» is determined. It is stated that the crime provided for in art. 111 of the Criminal Code of Ukraine, taking into account its direct object, should be attributed to so-called «multi-objective» crimes, which at the same time cause damage to several groups of social relations, which are alternative and completely independent objects of the corresponding crime.
The peculiarities of the objective side of the crime «State treason» are analyzed.
It is established that the subject of treason is special. In fact, every person who has a general (physical, convicted or limited convicted person under the age of sixteen) and a special (presence of citizenship of Ukraine) of a crime subject, starting from the President of Ukraine and ending with ordinary residents, can actually commit treason. The presence of the citizenship of another state does not mean that a person automatically loses Ukrainian citizenship, as there is an appropriate procedure for termination of citizenship of Ukraine. However, the rules on the loss of citizenship are difficult to apply in practice, in the absence of a mechanism for confirming the receipt of foreign citizenship, since there are often cases where another state does not recognize its obligation to inform Ukraine of granting its citizenship to one or another person.
The peculiarities of the subjective part of the crime «State treason», committed solely with direct intent, are investigated, since the corresponding crime is described as having a formal composition. Direct intent is also followed from its purpose – to cause damage to sovereignty, territorial integrity and inviolability, defense capability, state, economic or informational security of Ukraine.
Groups of adjacent syllables of crimes are identified with the crime of treason as well as their general and, most importantly, demarcation features. Peculiarities of punishment for state treason are analyzed. The preconditions for the release from criminal responsibility for state betrayal are defined: the transition to the enemy's side in conditions of martial law or armed conflict is expressed in giving consent to such cooperation; preparation for espionage (receiving a criminal assignment and giving consent to its execution) as well as preparation to render assistance to a foreign state, foreign organization or their representatives in conducting subversive activities against Ukraine (receiving a criminal offense and granting consent to its execution), provided that these acts were committed on the basis of a preliminary task of a foreign state.