Feature of illegality in blanket dispositions of criminal offenses composition regarding disclosure of information with limited access

Abstract

The level of functioning of the legal system in any state directly depends on the improvement of the mechanism of legal regulation as well as the mechanism of law enforcement activities. The accuracy of the transition of normative provisions within the framework of specific subjective rights and legal obligations, in the context of criminal law, the definition of grounds for criminal prosecution of an individual is one of the guarantees of consolidation of the rule of law. The central place among the means that facilitate to this is occupied by legal technique. The peculiarities of constructing the dispositions of articles 111, 114, 132, 145, 159, 163, 168, 182, 209-1, 232, 232-1, 328, 330, 361-2, 381, 387, 422 of the Criminal Code of Ukraine from the technical and legal point of view have been analyzed in the article. It is determined that in a number of situations that are the subject of criminal law protection, regulatory legislation provides for cases of lawful dissemination of information with limited access, using different legal terms to mark illegal and lawful conduct. The authors concluded that the indication of «illegality» of disclosure of information in the text of the criminal law has been used incorrectly, as other factors (local regulations, law enforcement acts, the will of the owner of information, etc.) can become regulators of legality of an individual’s behavior. It is proposed to exclude from dispositions of Articles 145, 182, 232, 232-1, 361-2 of the Criminal Code of Ukraine the relevant feature, as well as to unify the terminology of the criminal law in terms of designation of the action. Keywords: information with limited access, secret information, disclosure of information, blanket disposition, mixed illegality