Вісник Харківського національного університету внутрішніх справ (Dec 2018)
Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine
Abstract
The author has carried out the research of one of the mandatory elements of corpus delicti under the Art. 330 of the Criminal Code of Ukraine – its object. In the course of its analysis, the author has considered general classification of objects of a crime generally adopted in the doctrine of criminal law of Ukraine (depending on the degree of generalization of the social relations protected by the criminal law, which are the objects of various crimes) into general, generic, specific and direct ones. The concept and essence of general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine, are determined on the basis of views on the object from the standpoint of the theory of social relations. It has been emphasized that general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine constitute a system, that is, they are not just a simple set, but are in interdependence. The link element through which the system of objects of this crime is formed is defined as the general sphere of social activity, where the mentioned social relations arise, develop and operate, namely, the national security of Ukraine. Thus, all social relations, which are put under the protection of Section XIV of the Special Part of the Criminal Code of Ukraine, arise and function in general in order to safeguard the interests of Ukraine’s national security. Generic object of a crime under the Art. 330 of the Criminal Code of Ukraine, has been defined as social relations existing with regard to the security of state secrets and official information gathered in the course of operative and search, counter-intelligence activities, in the field of the country defense, as well as the security of the state border of Ukraine and military security in terms of providing draft call and mobilization. Accordingly, the specific object of this crime is more narrow range of specific social relations that are associated with ensuring the state of information security. It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The author has revealed the systemic nature of interrelations between the generic, specific and the direct object of a crime, stipulated by the Art. 330 of the Criminal Code of Ukraine.
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