A DOCUMENT CONTAINING A STATE SECRET AS A SUBJECT OF CRIMINAL OFFENSES IN THE SPHERE OF PROTECTION OF STATE SECRETS

Abstract

The subject of scientific research, implemented within the scope of a scientific article, are documents containing state secrets, as the subject of criminal offenses in the sphere of protection of state secrets. The purpose of this study is to analyze the problem of a document containing a state secret as a subject of criminal offenses in the field of state secret protection. Achieving the set goal within the scope of our scientific research is realized through the fulfillment of the corresponding task, namely: through the analysis of the content of individual criminal law norms, which provide for the establishment of criminal liability for socially dangerous acts in the sphere of state secret protection. In the process of scientific research, the vast majority used general scientific methods, namely: analysis, generalization, systematic approach, and study of documents. This, in turn, made it possible to formulate the novelty of scientific research, which consists in establishing the content of the concept of a document containing a state secret and defining it as a subject of criminal offenses in the sphere of protection of state secrets. Having studied the essence of the term "document" and its variety "document containing a state secret", the presence of certain characteristic features is emphasized, namely: the basic understanding in this terminological set is the concept of "document"; a document containing a state secret is used in the field of state secret protection. Having analyzed the content of the Criminal Code of Ukraine, it is emphasized that in the structure of the law, there are several groups of norms in which a document containing a state secret is defined as the subject of a criminal offense: the direction of the provision of a document containing a state secret as the subject of a criminal offense; an indirect indication of the possibility of the existence of the subject of a criminal offense in the form of a document containing a state secret; the subject means information (information) classified as a state secret. It is concluded that in the Criminal Code of Ukraine, there are several criminal law norms in which the subject of a criminal offense is a document containing a state secret (Articles 114, 114-2, 328, 329, and 422 of the Criminal Code of Ukraine); in some criminal law regulations, the legislator directly indicates the clarity of a document containing a state secret, and in some only indirectly; in the case of the legislator's use of the terms "information", "information" during the legislative construction of the subject of a criminal offense, it must always be borne in mind that any information is a constituent part of the document.