Несанкціоноване поширення інформації про направлення, переміщення зброї, озброєння та бойових припасів в Україну, рух, переміщення або розміщення Збройних Сил України чи інших утворених відповідно до законів України військових формувань, вчинене в умовах воєнного або надзвичайного стану: кримінально-правовий аспект

Abstract

The criminal-law aspect of the unauthorized dissemination of information about the sending, movement of weapons, armaments and war supplies to Ukraine, the movement, movement or placement of the armed forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed in conditions of war or a state of emergency, was considered. It is emphasized that since ancient times, humanity needs protection from dangerous encroachments. First of all, we are talking about the so-called absolute criminal offenses, among which the main ones were murder, theft, various kinds of deception, etc. and which accompany humanity throughout the entire history of its existence. In order to protect itself from criminal offenses, humanity in the person of an authorized body - the state - determines which actions are criminal offenses. It was found that criminalization is the legal recognition of certain acts as criminal, the establishment of criminal liability for them, which is an important element of legal policy, as it establishes which of the acts are criminal offenses. Certain criteria of criminalization are defined. It has been analyzed that in the conditions of the military invasion of Ukraine by the aggressor country, the problem of the inadequacy of the criminal-legal norms applicable in the conditions of war has become extremely acute. Therefore, the Law of Ukraine of March 24, 2022 No. 2160-IX "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine on Ensuring Counteraction to Unauthorized Dissemination of Information and Sending Transferred Weapons, Weapons, and War Supplies to Ukraine, Movement, Transfer, or Placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under conditions of war or a state of emergency" amendments were made to the Criminal and Criminal Procedure Codes of Ukraine, which entered into force on March 27, 2022. ​Thus, Chapter I of the Special Part "Crimes against the Basics of National Security of Ukraine" of the Criminal Code of Ukraine was supplemented by Article 114-2. The objective and subjective signs of the crime provided for in Art. 114-2 of the Criminal Code of Ukraine. It was concluded that the criminalization of the considered crime corresponds to the authority of the state to recognize as socially dangerous and criminally punishable an act committed under martial law, and to provide for criminal liability for it.