Chornyi R. The Concept, System and Criminal-Legal Characteristics of Crimes against the Foundations of National Security of Ukraine

This is the first research work since the implementation of the Law of Ukraine “On National Security of Ukraine” and amendments to the section I of the special part of the Criminal Code of Ukraine, which using modern scientific methods, applying new scientific positions at the system level, a holistic theoretical model of criminal-legal regulation of vital interests of the state as an object of national security is comprehensively formulated and a number of proposals and recommendations significant for legal science and further improvement of the law on criminal liability are proposed. The problems of social necessity of criminal-legal norms on crimes against the foundations of national security of Ukraine are studied. The experience of criminal-legal protection of the state under the legislation of some foreign states is considered. The legal nature of national security of Ukraine is studied as a triad of three objects – man, society, state, and the concept of crimes, responsibility for which is provided in section I of the special part of the Criminal Code of Ukraine is explained. The criteria of their systematization are considered and the system of corresponding socially dangerous actions is offered. The general characteristics and types of objects of corpus delicti against the foundations of national security of Ukraine are determined. The legal, social and physical features of their subject are analyzed. A comprehensive study of socially dangerous acts in crimes against the foundations of national security, socially dangerous consequences and the causal link between socially dangerous acts and socially dangerous consequences, features of guilt, purpose and motives, as well as signs of general and special subject in crimes provided for in Article 109–114-1 of the Criminal Code of Ukraine is conducted. According to the results of the research, a number of conclusions, proposals and practical recommendations have been formulated.