Kukhar V. Criminal amenability of service-men for the divulgence of state secrets.

Investigation object - problems of criminal responsibility of military man for disclose of state secrets. Investigation aim is a comply development of theoretical and practical criminal - law aspects of the fight against the disclosure of the state secrets and working out at this base the proposals as to improvement of proper norms of valid Criminal Code. Investigation methods and apparatus - historic-law, comparative- law, logical, generalization of juridical practice, statistic modeling. Theoretical and practical results - following the formation and development of criminal-law base, which stipulate criminal responsibility for information divulging which is a state secrets have been reviewers; compulsory indications of corpus delicti of state secrets divulging have been defined for the first time in the history of home criminal law; patrimonial and direct object of the crime of state secrets divulging has been researched; the moment of termination of crime, formulated in Part I clause 67 of C riminal Code of Ukraine is offered to define more exactly by pointing out the fact of receiving of information which is a state secret by outsiders in a disposition of the instruction standard it has been proved that in the concept "military secret", used in clause 56, part I, p. 57 and paragraph "a", p. 254 of the Criminal Code of Ukraine different content is put in; the necessity of criminal responsibility establishing for divulging of a state secret for some reward when there are no signs of high treason or espionage has been substantiated; a qualitatively new criminal-legal standard concerning the responsibility for divulging of a state secret has been suggested. The results of t he research can de used in the project of the Criminal Code of Ukraine in the law-applied activities for securing the stability of the court practice and preparing the resolutions of the Supreme Court of Ukraine on the questions of the application of the criminal legislation in the cases dealing with divulging of a state sec ret. Innovation novelty - the first in Ukraine theoretical complex research of the criminal responsibility of a serviceman for divulging of state secrets. Introduction extent - in the educational process of the National Academy of Frontier Troops of Ukraine while working out of the textbook "Staff service of the Frontier Troops of Ukraine" and the manual on the formations and units service of the Frontier Troops of Ukraine in the research institute of the Frontier Troops of Ukraine. Usage sphere - the process of carrying out of the Criminal - legal and military-legal reforms in Ukraine.