Distinction Between the Crime Provided by Article 361-2 of the Criminal Code of Ukraine and Related Crimes
Abstract
The article is dedicated to the specifics of distinction between the crime provided by Art. 361-2 of the Criminal Code of Ukraine and related crimes. Specifics of the subject of this corpus delicti are revealed. Factors resulting in unjustified conflict of laws are studied.
Based on the results of a comparative analysis of the corpus delicti under Art. 361-2 of the Criminal Code of Ukraine, with related elements of crimes, their distinctive criteria are identified and systematized depending on the specific type of information that is the subject of the crime. It is stated that the vast majority of related crimes are designed «to fit a special subject», or include the transfer of information to a particularly dangerous addressee (foreign party), or result inevitably in socially dangerous consequences.
The article also presents specifics of qualifying actions for unauthorized sale / dissemination of classified information which:
1) is created and / or protected in violation of Ukrainian law;
2) in case of absence of any legal provisions for its protection, is protected by the owner at his / her own discretion, for example, by creating a secure computer network or by encrypting data.
The particularities of making distinction between the crime under Art. 361-2 of the Criminal Code of Ukraine and relates crimes depending on the type of classified information as a subject of the crime.
It is substantiated that decriminalization of the crime under Art. 361-2 of the Criminal code of Ukraine, as it is proposed by some scientists, will lead to negative consequences, because there will be several significant gaps in criminal law regulation of public relations concerning certain types of information protection.
As a result of research it is substantiated that it is necessary to conduct comprehensive review of the system of criminal law standards for the protection of social relations in the field of access to information taking into account significant changes in the sphere of information computer processing following the science and technology achievements.
Key words: classified information, crime, sale, dissemination.
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