The dissertation is the first complex criminological research, which is devoted to
the characterization of separatism as a criminally illegal phenomenon of modern
times (in the context of events in eastern Ukraine). The results of this study can be
used in educational, as well as in lawmaking and law enforcement.
In the first section of the dissertation the theoretical and methodological bases of
research of the phenomenon of separatism are defined. It is established that the work
of researchers about separatism as a modern phenomenon is quite small, especially in
the field of jurisprudence. This is due to the fact that it is mainly considered as a
social, political phenomenon, rather than criminally illegal. Instead, the dissertation
study attempts to clarify and formulate the criminological concept of separatism.
Aspects in the interpretation of separatism are analyzed. In particular, the
dynamics of changing approaches to understanding the concept of separatism is
tracked through various encyclopedic publications - both domestic and foreign. In
addition, the normative legal acts of Ukraine and international documents that
mention separatism are analyzed. It is emphasized that there is no definition of
separatism in the criminal legislation of Ukraine, as there is no corresponding norm
in the Criminal Code of Ukraine. It is noted that the separation of separatism as a
separate criminal offense is not appropriate, as the current Criminal Code of Ukraine
already contains articles that establish criminal liability for acts that have signs of
separatism.
A brief analysis of all forms and types of separatism was conducted. It is proved
that the analyzed phenomenon is multi-vector, it can be manifested differently. It is
determined which forms of separatism are characteristic of Ukraine. With this in
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mind, the signs of separatism, which are inherent in it as a social and criminally
illegal phenomenon, are highlighted. The criminological definition of the concept of
separatism is a socially dangerous, criminally illegal phenomenon, which is
manifested in a set of actions directed against the territorial integrity and inviolability
of the state and aimed at leaving part of the territory from the jurisdiction of central
government and creating its own independent state or accession to another state.
The second section of the dissertation is devoted to the criminological
characteristics of separatism as a criminally illegal phenomenon in Ukraine. Based on
the statistics of the General Prosecutor of Ukraine for 2013–2020, quantitative as well
as qualitative indicators of separatism in Ukraine were analyzed. It is noted that the
so-called "latent separatism". The level of committing criminal offenses that show
signs of separatism is analyzed; level of criminal record; the price of separatism for
Ukraine; coefficients of separatism, namely the coefficient of crime intensity and the
coefficient of criminal activity of the population; dynamics of manifestations of
separatism; structure; geography and specifics of separatism in Ukraine.
The identity of a separatist in Ukraine has been studied as an element of the
criminological characteristics of separatism. In order to form a portrait of the
separatist in Ukraine, more than 400 court decisions were analyzed and all the
necessary data were summarized. These are, in particular, socio-demographic
characteristics (age, gender, nationality, education, region of residence, absence or
presence of dependent children, marital status, occupation, etc.), criminal law
characteristics (presence of a criminal record, methods, motives for such actions),
type and measure of punishment, etc.), as well as moral and psychological
characteristics (education, cultural level of development). On the basis of certain
features the criminological portrait of the separatist person in Ukraine is formulated.
The third section of the dissertation research is devoted to the determinants of
separatism and its prevention. Internal and external factors of separatism in Ukraine
are singled out. It is emphasized that separatism in Ukraine has a number of features,
for example, that its ideological foundations were formed outside Ukraine and were
the result of the implementation of the so-called concept of "Russian peace"
