Diversion as a criminal offense against the foundations of national security of Ukraine: discussion questions regarding victims and the subject of the crime

Abstract

The article is devoted to the study of certain aspects of the criminal-legal characteristics of the objective signs of diversion (Article 113 of the Criminal Code of Ukraine), which encroaches on public relations that arise in connection with ensuring the national security of Ukraine. In particular, the focus is on debatable issues related to the victims and the subject of this crime.

Based on the results of the conducted scientific research, the author concluded that when criminally characterizing the composition of diversion, depending on the type of socially dangerous act committed, it is necessary to speak about the presence of victims and/or the subject as two independent objective signs of the composition of this crime. This is explained by the fact that, unlike a material object, a person is a bearer of rights and is endowed with consciousness, which determines his ability to social interaction and defines him as an active subject of social relations.

The article proves that the concept of «national economy» is not used in modern valid regulatory documents of Ukraine, since this term is characteristic of the Soviet era, and in the modern period it has been replaced by more relevant terms, such as «economic activity» or «branch of the economy». Therefore, it is not entirely rational to use the wording «objects that have important national economic or defense significance» in the current criminal law of Ukraine. As a result, the author justifies the need to bring the criminal law norm set out in Article 113 of the Criminal Code of Ukraine into line with the modern legislative field of Ukraine by replacing the terminological phrase «objects that have important national economic or defense significance» with «critical infrastructure facilities or other state-owned facilities that are of strategic importance for the economy and security of the state». This will contribute to the unification of legal norms and increase the effectiveness of law enforcement activities when qualifying diversion.