Criminal and legal protection of servicemen and employees of the State Border Guard Service of Ukraine against illegal offenses committed in the line of their service activities

Abstract

The legal grounds for the criminal and legal protection of servicemen and employees of the State Border Guard Service of Ukraine against illegal offences committed in the line of their service duties and the peculiarities of law enforcement activities in this area have been examined in the article. An analysis of the legislation norms on criminal responsibility, national judicial practice and decisions of the European Court of Human Rights regarding the protection of the border guards from illegal offences committed in the line of their official activities has been carried out. Much attention is drawn to the peculiarities of the legal status of servicemen and employees’ personnel of the State Border Guard Service of Ukraine, who at the same time should be recognized as employees of a law enforcement agency, that should be taken into account when qualifying criminal offenses related to illegal infringements against them. The concept of criminal legal protection of servicemen and employees of the State Border Guard Service of Ukraine has been formed. It has been determined that military personnel and employees of the State Border Guard Service of Ukraine are special victims of a number of criminal offenses committed in the line of their service activities against the authority of state power bodies, the established military service order, peace, human security and the international legal order. A classification of criminal offenses related to infringements against servicemen and employees of the State Border Guard Service of Ukraine has been carried out on the basis of a number of criteria. The norms of the General Part of the Criminal Code of Ukraine aimed at increasing the protection of servicemen and employees of law enforcement agencies have been determined. The obligation of the state to ensure proper legal regulation of service activities and a high level of officers’ law enforcement training has been argued.