The dissertation is devoted to study of criminal liability for the transfer or collection of information that constitutes official information collected in the process of operational and investigative, counterintelligence activities in the field of defense.
The position that the specific object of this crime is the public relations that exist regarding the security of state secrets and official information collected in the process of operational and investigative, counterintelligence activities in the field of national defense is substantiated.
It is proved that the generic object of the crime under Art. 330 of the Criminal Code of Ukraine, there are public relations that exist to protect state secrets and official information collected in the process of operational and investigative, counterintelligence activities, in the field of national defense, protection of the inviolability of the state border of Ukraine and ensuring military service military service and mobilization and military accounting.
It is established that the range of subjects protected by Art. 330 of the criminal law of public relations should include: 1) public authorities and local governments, enterprises, institutions and organizations exercising legal powers in the field of operational and investigative, counterintelligence and defense of the country, their officials; 2) other legal entities of any form of ownership and organizational and legal form and their representatives; 3) public organizations operating without the status of a legal entity; 4) individual citizens of Ukraine; 5) foreigners and stateless persons who are representatives of foreign enterprises, institutions and organizations. The subject of public relations, which is placed under the protection of Art. 330 of the Criminal Code, may coincide with the subject of this crime.
It is substantiated that public relations, placed under the protection of Art. 330 of the Criminal Code of Ukraine, are intangible. Their subject is information security of the state in the field of operative-search, counterintelligence activity and defense of the country. Damage to protected public relations is caused by the subject of the crime, which occurs due to violation of the security regime of official information, removal from the natural state and transfer or collection for transfer to persons who do not have the right to access it by law.
It is determined that the social ties of public relations protected by criminal law are expressed through the activities of their subjects, aimed at creating, collecting, receiving, storing, using, disseminating and protecting (protecting) official information in the field of operational search, counterintelligence and defense of the country.
The signs of the subject of the crime provided by Art. 330 of the Criminal Code of Ukraine: 1) it is information that is official; 2) it is assembled in the process of carrying out operative-search, counterintelligence activities by state authorities carrying out operative-search and counterintelligence activities, and in the process of conducting activities in the field of national defense by state authorities, local governments, enterprises, institutions and organizations; 3) information constituting official information refers to this category of public authorities, units of which carry out operational and investigative, counterintelligence activities, and public authorities and local governments engaged in national defense, and approved by their administrative act; 4) such information is not a state secret; 5) this information is trusted or becomes known to the subject of the crime in connection with the performance of his official duties.
It is proposed to include in the subject of the crime Art. 330 of the Criminal Code of Ukraine official information that determines the organization, tactics, methods of operational and investigative and counterintelligence activities, the number of employees of these units, their technical support, etc., official information created directly by the subjects of defense, as well as official information in the field of intelligence activities.
