Shved A. Crimes against the constitutional foundations of national security under the legislation of Ukraine and the Scandinavian countries: a comparative characteristic.

The dissertation is devoted to a comprehensive study of the criminal-legal characteristics of crimes against the constitutional foundations of national security under the legislation of Ukraine and the Scandinavian countries, based on the results of which substantiated proposals were formulated aimed at improving the norms on responsibility for infringement of the constitutional foundations of national security. The annexation by the Russian Federation of the Autonomous Republic of Crimea in 2014 and the aggression by the Russian Federation in eastern Ukraine led to an exacerbation of the problem of criminal legal protection of the constitutional foundations of Ukraine’s national security. Effective and full-fledged criminal law protection of the foundations of national security and the constitutional order in Ukraine is gaining special relevance, because it is designed to ensure the sovereignty of the state of Ukraine, as well as to provide for the destruction of the modern system of international relations and the international legal foundation, since the national security of Ukraine, as a UN member state and the OSCE is an important component of the stability of the international community. The thesis analyses the constitutional laws of the Scandinavian countries and Ukraine, as well as changes in such normative legal acts that took place during certain periods of strengthening irredentist sentiments in states. It has been proved that in today’s realities it is extremely important to search for the correct interpretation and understanding of the term «rule of the people» in which a fairly diverse content is still being invested. It has been established that in most of the Criminal Code of the Scandinavian countries, a violent way of committing such crimes is indicated. In particular, in Art. 1 of Chapter 12 of the Criminal Code of Finland criminalizes infringement of the constitutional foundations of Finland’s sovereignty by violence or threat of violence or by military or economic pressure. It is concluded that, in terms of their legal structure, the corpus delicti of this type are formal corpus delicti. The author has substantiated that the experience of some Scandinavian countries in criminalization at the level with attacks on a state or public figure, as well as attacks committed against their family members, if such attacks are committed in connection with their state or public activities, is worth borrowing. Based on the analysis of the criminal legislation of Ukraine and the Scandinavian countries, the author formulated the author’s concept of crimes against the constitutional foundations of national security, which are not the same in the legislation and criminal law doctrine of Ukraine and the Scandinavian countries.