CRIMINAL LEGAL COUNTERACTIONS AGAINST THE UNAUTHORIZED DISSEMINATION OF MILITARY SIGNIFICANT INFORMATION ACCORDING TO THE DRAFT CRIMINAL CODE OF UKRAINE

Abstract

The article provides a critical analysis of the provisions of the draft Criminal Code of Ukraine, dedicated to the criminal law counteraction to the unauthorized dissemination of military information. Based on the results of the conducted research, the advantages and disadvantages of the corresponding projected prescriptions should be identified, as well as suggestions for their improvement should be developed. In particular, the decision to single out two articles devoted to the regulation of criminal liability for the dissemination of separate and quite different types of military information of military significance was supported. It is also proven that the instruction in Art. 9.2.4 not only on “weapons”, as the most common type of objects about which information is disclosed, but also on “other goods of military purpose”, which makes it possible to qualify under it, including the behavior of persons who spread information about such a variety of goods for military purposes, such as “military (combat) equipment”, different from weapons. In addition, the decision of the developers of the Project to refuse in the projected norms from indicating such specified in Art. 114-2 of the Criminal Code, a feature that increases the severity of the crimes under consideration, such as the commission of relevant actions “with the aim of providing such information to the state that carries out armed aggression against Ukraine, or to illegal armed formations”, the presence of which leads to the fact that the actions are qualified according to the analyzed prohibition persons whose criminal assessment should be carried out with reference to Art. 111. At the same time, it is noted that the law enforcement potential of the bans under consideration could be increased, provided that the analyzed norms of the Project indicate not “martial law”, but a broader concept of “special period”, as well as a reduction in the degree of severity of at least the least dangerous manifestations (in particular, non-public) considered crimes.