The dissertation carries out a comprehensive scientific study of one of the most pressing legal problems of modern Ukraine - countering collaboration activities using the tools of administrative law. Based on a deep analysis of the legal doctrine, regulatory framework, practice of law enforcement, administrative and judicial activities, as well as a comparative analysis of the experience of foreign countries, the author's vision of the essence, forms, types and legal mechanisms for preventing and responding to this dangerous socio-legal phenomenon is substantiated. The research is aimed at developing scientifically based concepts, approaches and proposals for improving national legislation and administrative practice in the field of countering collaborationism.
The author reveals the evolution of the concept of "collaborationism", traces its genesis in the historical and legal context, starting with Roman law, European traditions of the 16th–20th centuries, ending with the modern content load during the period of the armed aggression of the Russian Federation against Ukraine. It is established that the lack of proper regulatory detailing until 2022 significantly complicated the qualification of such actions, which, in turn, created gaps in practical law enforcement and limited the effectiveness of the state response.
The dissertation examines in detail the historical transformation of the concept of "collaborationism", characterizes the stages of its legal rethinking, and provides an author's definition taking into account the socio-political context and current challenges of the time. Emphasis is placed on the need to distinguish collaboration activities from treason, espionage, aiding and abetting, and similar offenses. The need for a clear regulatory consolidation of this phenomenon as a separate type of offense is substantiated.
A comprehensive classification of collaboration activities has been carried out according to such characteristics as the degree of voluntariness, form of expression, scope of implementation, level of threat and subject composition. A differentiated approach to identifying and qualifying manifestations of collaborationism in the administrative, financial, informational and cultural spheres has been proposed. The main risks of the spread of collaborationism in the format of hybrid warfare, informational influence and psychological pressure have been outlined. It has been found that the fight against this phenomenon should be based on the principles of prevention, objectivity, proportionality and legal certainty. The administrative and legal nature of responsibility for collaborationism has been determined, which consists in a combination of sanction, restrictive and control mechanisms. The principles on which the state's legal response should be based have also been formulated: the rule of law, proportionality, a differentiated approach, maintaining a balance between security and human rights aspects. Within the framework of the classification analysis, special attention was paid to hybrid forms of cooperation with the aggressor, including information campaigns, tacit support, public concealment of the truth about the war, etc. It was substantiated that such forms are more difficult to detect and require a special administrative response.
The dissertation provides an in-depth analysis of the current legislation of Ukraine, which lays the foundations for administrative and legal response to manifestations of collaborationism. The place of the Code of Ukraine on Administrative Offenses, the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”, the Law of Ukraine “On Prevention of Corruption” and other acts in the mechanisms for protecting national sovereignty is revealed. The need to finalize the legislation in order to establish clear definitions, procedures and powers of authorized bodies in the field of detecting, recording and responding to collaborationism is substantiated.
The study contains a theoretical justification of the concept of administrative and legal safeguards for collaborationism, which includes organizational, legal and procedural instruments aimed at preventing manifestations of collaborationism. A structural and functional model of such safeguards is proposed, which takes into account the specifics of martial law and provides for the formation of registers of persons, the introduction of temporary restrictions, and the implementation of preventive control. The dissertation describes the administrative procedures and sanctions applied to individuals and legal entities involved in collaborative activities, including an analysis of the practice of their application in the period from 2014 to 2025. Emphasis is placed on the need to implement unified standards of law enforcement and improve the norms of the Code of Administrative Offenses in the context of collaborationism.
