RESPONSIBILITY FOR VIOLATION OF INTERNATIONAL TRANSFERS OF GOODS SUBJECT TO STATE EXPORT CONTROL, ACCORDING TO THE CRIMINAL LAW OF UKRAINE (REVIEW)

Abstract

In escalated the political situation in the world increases the likelihood of serious military conflict using the most modern weapons, including weapons of mass destruction.As a result, control of proliferation of such weapons, their means of delivery and to take the necessary measures to prevent the use of military and dual-use in terrorist and other illegal purposes is one of the most important areas of international and national policies leading countries.We must agree with the authors of scientific works that export control is one of the most effective tools to support international stability when some states trying to access technology to develop its own nuclear and missile weapons.In light of these threats, all countries are obliged to establish and apply appropriate measures of criminal liability for violation of relevant regulations in export control sphere.In the Ukrainian criminal legislation, responsibility for violation of the exercise of international transfers of goods subject to state export control, defined in Article 333 of the Criminal Code of Ukraine.However, current practice combating this crime indicates that the current structure of the criminal law is imperfect. In this connection there is an urgent need for a deeper research of objective and subjective signs of violation of the order of international transfers of controlled goods.The analysis of scientific literature shows that scientists developed the only international, political and economic aspects of the topic under research and some aspects of the current system of export controls and international non-proliferation regimes, and issues related to criminal responsibility for acts provided by Article 333 of the Criminal Code of Ukraine, since the adoption in 2001 of the Criminal Code of Ukraine and by now remained unsolved and not investigated by experts of Ukraine in the criminal law sphere.Thus, the lack of research of problem criminal law combating violations the established procedure of international transfers of goods subject to state export control in Ukraine and the need to improve the application of Article 333 of the Criminal Code of Ukraine and determine the relevance of peer-reviewed monographs.In addition, work is the first monograph in Ukrainian legal science, which conducted a complex research of criminal liability for committing a crime under articles 333 of the Criminal Code of Ukraine.Grachev S. and Shamara A. conducted a thorough analysis of the historical and fundamental aspects of the responsibility for violation of international transfers of controlled goods. It is interesting comparative legal analysis of the criminal laws of thirty countries in this sphere.Noteworthy research process of establishing national export control system of Ukraine and made the periodization of legislation regulating the international transfers of goods subject to state export control.Analysis of the elements of a crime under Article 333 of the Criminal Code of Ukraine, performed at a high scientific level. Authors accurately determine the point at issue, consistent and reasonably confirm its position. Thus obtained results undoubtedly have scientific value, they create a strong foundation for further research.In addition, the proper application of the work about the specification, investigated the crime is able to improve the work of law enforcement agencies in bringing to responsibility for violation of international transfers of controlled goods.Special attention in the monograph deserves Research of intercommunication of violation of the order international transfers of goods subject to state export controls and terrorist activities.The work raised questions at issue are directly related to the problems of combating violations of procedure of international transfers of controlled goods, granted important suggestions on improving the legislation of Ukraine in the state export control. In general, deserves the support offered by the author's version of Article 333 of the Criminal Code of Ukraine.The practical significance of the results and conclusions of the work is that they can be used for further research of general theoretic problems of Ukraine's legal system, improving the current criminal legislation of Ukraine, law-making and law enforcement activities.The monograph made the proper scientific level, has a clear reasonable structure, material set out systematically and consistently. The authors worked out a broad and diverse literary and legal base.The work will be of interest to a wide readership, especially professionals who develop scientific principles to combat violations of procedure of international transfers of goods subject to state export control, law enforcement officials, employees of state authorities, particularly involved in combating this crime.