Espionage: theoretical and applied aspects of the characteristics of the objective side of treason (Part 1 of Article 111 of the Criminal Code of Ukraine)

Abstract

The article is devoted to the study of the features of the objective side of the composition of high treason, committed in the form of espionage (part 1 of Article 111 of the Criminal Code of Ukraine), the mandatory features of which are a socially dangerous act – this is espionage itself, the essence of which is the transfer or collection for the purpose of transfer to a foreign state, a foreign organization or their representatives information, that constitutes a state secret.

Based on the results of the conducted scientific research, the author concluded that the collection for the purpose of transferring to a foreign state, a foreign organization or their representatives, information constituting a state secret, can be done only in the form of an action (active criminal illegal behavior of a person), and the transfer of this information to a foreign state, a foreign organization or their representatives – both in the form of action (active criminally illegal behavior of a person) and in the form of inaction (passive criminally illegal behavior of a person). At the same time, the methods of transmission or collection of such information may be different and do not affect the qualification of the crime.

Transfer or collection for the purpose of transfer to a foreign state, a foreign organization or their representatives of information constituting a state secret may be carried out by a citizen of Ukraine both on his own initiative and on the initiative of a foreign state, a foreign organization or their representatives, but with the awareness that specific actions are carried out to the detriment of the sovereignty, territorial integrity and inviolability, defense capability, state, economic or informational security of Ukraine.

And at the end of the scientific study, it was specified that treason in the form of espionage is generally a crime with a mixed construction (with a truncated formal composition), since espionage in the form of gathering for the purpose of transferring to a foreign state, a foreign organization or their representatives information that constitutes a state secret, has signs of a crime with a truncated composition, and in the form of transfer of the above-mentioned information to a foreign state, foreign organization or their representatives – signs of a crime with a formal composition.