Farmers in the occupied territories are trying to survive under the occupation and threats from Russian security forces to re-register their businesses. At the time, the wording of Article 111-1 of the Criminal Code of Ukraine "On Collaboration Activities" defines almost every Ukrainian who conducts business in the occupied territory as a traitor.

The legal definition of the term "collaborator" was discussed on Radio NV by Serhiy Rybalko, a member of the UAC, Chairman of the “Adelaide” enterprise located in the occupied part of Kherson region, and Andriy Osadchuk, a member of the “Voice” faction, First Deputy Chairman of the Verkhovna Rada Committee on Law Enforcement.

At the beginning of Russia's full-scale invasion of Ukraine, MPs adopted a law that established liability for collaboration. Nowadays, Ukrainian law enforcement agencies have opened more than 5,000 criminal proceedings under this article. Last week, a committee of the Verkhovna Rada of Ukraine supported amendments to Article 111-1 of the Criminal Code of Ukraine.

"In my native Kherson region, less than 1% of people are willing to cooperate with the occupiers. At the same time, the Russians are forcing us to re-register our business under their legislation with threats. How can you feed your children and parents if you are not a public sector employee who still receives money from the Ukrainian budget? Therefore, many businessmen are forced to obtain Russian passports and re-register their sole proprietorships due to threats. According to the current legislation, all of them fall under Article 111-1 of the Criminal Code of Ukraine - state treason," said Serhii Rybalko.

According to a participant of the UAC, all those who had the opportunity to leave did so before 2023. But those who stayed for various reasons to maintain their farms had to re-register them and work on the terms of the occupiers, otherwise the enterprises would simply be nationalized and their people would be put in charge.

"However, this is a very thin line that must be clearly defined, as all those who remain in the occupied territories are in life-threatening circumstances and were forced to re-register their enterprises under Russian law," said Serhii Rybalko.

Andrii Osadchuk, First Deputy Chairman of the Verkhovna Rada Committee on Law Enforcement, agrees that for law enforcement agencies, Article 111-1 contains terms that define those who cooperate with the occupation authorities rather vaguely. In particular, these are the owners, management of companies and ordinary individual entrepreneurs who have re-registered under the occupation rules.

"We agreed with the Prosecutor's Office, the Security Service and the Supreme Court that the current wording is too broad. From the point of view of national security, this is inappropriate - we are interested in some persons who deliberately earn money in cooperation with the occupiers. Therefore, after a lot of legal work, we agreed on a simple formula: we believe that collaboration is not just the implementation of economic activities, but those that are carried out to ensure the interests and needs of the aggressor state, its occupation administration, illegal armed or paramilitary groups created in the temporarily occupied territories of Ukraine," said Andrii Osadchuk.

According to his words, even under the current version of the Criminal Code of Ukraine, those who cooperated under the coercion of the occupiers are not held liable.

"Of course, true collaborators who will not run away will say, 'I was forced’. But we are talking about the criminal justice process, which means that certain facts of collaboration will be collected, studied and presented in court. I believe that the evidence, including the testimony of people, will be enough to understand who did what. The proposed amendments envisage sanctions for collaboration ranging from a fine of more than UAH100,000 to 5 years in prison. The big "fork" of punishment is set because the degree of cooperation is very broad and needs to be investigated. We also want all collaborators to be banned from political activity for 10-15 years," the MP added.

We remind, the lawyers of the Ukrainian Agri Council have repeatedly drawn attention to the establishment of clear wording in Ukrainian legislation regarding those who conduct business in the occupied territories (who is a traitor) and who works for survival. These issues should be regulated by the provisions of draft law No7646 оn Amendments to the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” and draft law No. 7647 "On Amendments to the Criminal Code of Ukraine to Improve Liability for Collaboration Activities."

The full broadcast is available at the link - https://www.youtube.com/watch?v=gH_rJmyXaaQ