Kharlamova S. Criminal Responsibility for Illegal Actions with Trade or Bank Secret

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0407U004159

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

25-10-2007

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The complex scientific research of criminal law with regard to protection of trade and bank secrets is given in this dissertation. The author examines historic, social and legal factors that condition establishing criminal responsibility for illegal actions with data which is a bank or trade secret. She analyses the characteristics of the corpus delicti stipulated in Articles 231 and 232 of the Criminal Code of Ukraine, entitled, "Illegal collecting with the purpose of application or application of with data which is a bank or trade secret" and "Divulging trade or bank secret". The demarcation of this corpus delicti with adjacent corpus delicti stipulated in Articles 185, 209-1, 232-1, 328, 330 of the Criminal Code, and the actions stipulated in Articles 164-3, 164-11 of Code of the Administrative Infringement of the Law are stated; as well as, peculiarities of qualification of the analyzed crimes and appointment of punishment.The research provides substantial grounds for the following actions: 1) to join articles 231 and 232 of the contemporary Criminal Code of Ukraine in one article, which will improve the criminal responsibility legislation and the criminal responsibility for the considered crimes, in particular; 2) to adopt a Law of Ukraine "On Trade Secrets".

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