Styranka M. Criminal and Legal Features of Separatism in Ukraine

The thesis is a systematic study of criminal law protection of territorial integrity, inviolability and territorial organization of Ukraine under the conditions of aggravation of threats to such protected legal relations. The paperis featured by a thorough approach to the system of anti-separatism norms, as well as a scientific analysis of the issues of punishment and application of the norms of the Criminal Code of Ukraine on such encroachments. Based on the obtained results, the features of the criminal law concept of “separatism”are formulated and its definition is proposed. The end-to-end system of criminal law norms aimed at protection of the territorial integrity and inviolability as well as territorial structure of the state (Articles 109, 110, 1102, 111, 436, 437, 447 of the Criminal Code of Ukraine) is defined. It is substantiated that the subject of separatism as a generic criminal law concept should be considered territorial sovereignty, which includes the territorial integrity and inviolability of the state as well as its territorial structure. The state of the theoretical study of criminal liability for separatism is considered, making it possible to identify issues that are generally accepted which are discussed as well as those that are still unresolved or described superficially. The concept of “separatism” is researched in a broad sense in the interdisciplinary study (it is considered as a social and political phenomenon; based on the desire of some regions of the state to secede, gain greater political independence; it leads to disintegration (breakup, separation) of the state and disbalances its geopolitical security). A distinction is made between the concepts of “separatism” and “the right of peoples and nations to self-determination”. The system of corpus delicti, which regulates criminal liability for encroachment on territorial integrity and inviolability, as well as the territorial structure of the state, has been determined. It is proposed to include: actions aimed at forcible change or overthrow of the constitutional order or seizure of state power (Article 109 of the Criminal Code of Ukraine); encroachment on the territorial integrity and inviolability of Ukraine (Article 110 of the Criminal Code of Ukraine); financing of actions committed for the purpose of forcible change or overthrow of the constitutional order or seizure of state power, change of borders of the territory or state border of Ukraine (Article 1102 of the Criminal Code of Ukraine); treason (Article 111 of the Criminal Code of Ukraine); propaganda of war (Article 436 of the Criminal Code of Ukraine); planning, preparation, resolution and conduct of aggressive war (Article 437 of the Criminal Code of Ukraine); mercenary activities (Article 447 of the Criminal Code of Ukraine).