ПРОБЛЕМИ КРИМІНАЛЬНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ НАЦІОНАЛЬНОЇ БЕЗПЕКИ УКРАЇНИ

Abstract

The article deals with the issues of criminal legal support of national security of Ukraine. The author investigates specific features of particular crimes against the bases of Ukraine's national security: actions aimed at violent alteration or overthrow of the constitutional order or seizure of state power, encroachment on the territorial integrity and integrity of Ukraine, state treason, encroachment on the life of a state or public figure, sabotage, espionage. The article analyzes the shortcomings of the domestic criminal legislation in the sphere of combating the attacks on the national security of Ukraine, related to the not always correct use of the criminal  legal terminology in Articles 109-112 of the Criminal Code of Ukraine, which complicate their application in practice, as well as other problems, arising from the qualification of crimes against the bases of national security of Ukraine. The author notes that the violent change of the constitutional order and the seizure of state power are synonymous with the overthrow of the constitutional order, and therefore they should not be used in Art. 109 of the Criminal Code of Ukraine, if there is already an indication of actions aimed at overthrowing the constitutional order. It also draws attention to the expediency of using the words "dissemination of information" instead of "dissemination of materials" in Articles 109-110 of the Criminal Code of Ukraine and the inappropriateness of a separate indication on the state border at the same time as outside the territory of Ukraine in Art. 110 of the Criminal Code of Ukraine, since the border determines the boundaries of the territory of the state. The author proposes a new legislative definition of treason and a new wording of the special grounds for exemption from criminal responsibility for treason and espionage. It is separately proposed to supplement Art. 112 of the Criminal Code of Ukraine by pointing to another person engaged in public activity (along with the leader of a political party) and provide in Art. 113 of the Criminal Code the punishment in the form of life imprisonment.