ON PROSPECTS OF IMPROVING THE LEGISLATIVE DESCRIPTION OF THE SIGNS OF THE SUBJECTS OF CRIMES PROVIDED FOR IN ARTICLE 114-2 OF THE CRIMINAL CODE OF UKRAINE

Abstract

In particular, it was proven that the current Article 114-2 of the Criminal Code of Ukraine (hereinafter referred to as the CC) is not perfect due to the fact that it lacks: – a specific definition and list of both official sources of partner countries and authorized state bodies that have the right to disseminate relevant information; – an indication of information about: places of production, repair, storage and maintenance of military goods; fire damage to critical infrastructure facilities; absence of air defense on a specific section of the front; conducting «live broadcasts» of missile attacks or bombings, etc.; – a clarification that the relevant information, regardless of its previous dissemination in the open access by any persons: a) is factual in nature; b) allows for the identification of military formations not only in the area, but also in time.At the same time, it is noted that the indication in Art. 114-2 of the Criminal Code for all the above circumstances will contradict the rules of criminal lawmaking, due to which a detailed list and procedure for the dissemination of relevant information should be enshrined in the relevant order of the Ministry of Defense of Ukraine (or other regulatory legal act, but not in the Criminal Code), such as the current Order No. 73, the effect of which, however, should extend to an unlimited range of subjects. Instead, it is concluded that the unreasonably cumbersome title and provisions of the criminal law norm under consideration should be replaced with a clear and concise formulation of «unauthorized dissemination of military-significant information» (or another similar option), the content of which should be disclosed in the relevant provisions of the regulatory legislation.