Abstract

The purpose of our study is to form a typical criminological profile of a person who has committed a criminal offense in the field of protection of the State Border of Ukraine. Based on the detailed study of the sentences issued by the national courts of Ukraine during 2015-2020 concerning such persons, a typical criminological profile of the person was formulated. Thus, the typical criminological profile is a male (95.7%), a citizen of Ukraine (89%), Ukrainian by nationality (82.6%), married or living in common-law marriage (69.6%), with low income (67.4%). Not previously convicted (87%), committed the crime to obtain additional funds (86.9%), admits guilt in full, repents, contributes to the disclosure of the crime (84.8%). Specialized research methods are applied. The comparative method is used to compare the characteristics of the offender, who violated the order of entry into and exit from the temporarily occupied territory of Ukraine and other crimes that encroached on border security. The logical-legal method is used to form logical, systematic, and consistent conclusions. The study is based on research of 38 sentences imposed on 46 people. The data obtained allowed us to interpret them as a characteristic of the offender.

Highlights

  • The basic law defines that Ukraine is a sovereign and independent, democratic, social, legal state

  • According to the Constitution of Ukraine, the Declaration of State Sovereignty of Ukraine and the Act of Independence of Ukraine, our country steadfastly pursues a policy of peace, maintains strengthening of the security of the peoples of Ukraine based on the principles of inviolability of state borders, which are the reflection of the territorial integrity, political and economic independence and sovereignty and unity of Ukraine

  • The military conflict in eastern Ukraine led to the temporary occupation of part of the integral territory and the simultaneous violation of the State Border of Ukraine

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Summary

Introduction

The basic law defines that Ukraine is a sovereign and independent, democratic, social, legal state. The military conflict in eastern Ukraine led to the temporary occupation of part of the integral territory (the Autonomous Republic of Crimea, part of the territory of Donetsk and Luhansk regions) and the simultaneous violation of the State Border of Ukraine. This generated a need for the criminalization of such a phenomenon as entry and departure from the temporarily occupied territory of Ukraine. In addition to protecting of the economic interests of the state, criminal liability for violating of the procedure of entry and departure from the temporarily occupied territory of Ukraine is designed to protect Ukraine from possible terrorist threats that have been relevant since military aggression (Liashuk & Vychavka, 2020)

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