Certain aspects of the criminal law protection of the national security of Ukraine (on the example of Section I of the Special Part of the Criminal Code of Ukraine «Crimes against the foundations of the national security of Ukraine»)

Abstract

Today, the issue of ensuring national security for Ukraine is a particularly urgent problem, which, first of all, was caused by the international conflict that began back in 2014 with the annexation of the ARC by the Russian Federation, the occupation of certain parts of the Donetsk and Luhansk regions of Ukraine, and on February 24, 2022, transformed into an illegal full-scale military invasion of the entire territory of Ukraine, and, unfortunately, continues to this day. An important role in ensuring the national security of Ukraine is played by the Criminal Code of Ukraine, which regulates criminal liability for committing offenses against the foundations of the national security of Ukraine (Chapter I «Crimes against the foundations of the national security of Ukraine»). According to the results of the scientific research carried out by the author, it was established that since the beginning of the «hybrid» war of the Russian Federation against Ukraine and its further development into a full-scale invasion of the aggressor state on the entire territory of Ukraine, the legislator made a number of changes and additions to Section I of the Special Part of the Criminal Code of Ukraine «Crimes against the foundations of the national security of Ukraine», which are expressed in the following:
1) increasing the severity of the corresponding sanctions of criminal law norms, which provide for punishment measures for the commission of certain crimes against the foundations of the national security of Ukraine (paragraph 2 part 1-3 of Article 109 of the Criminal Code of Ukraine, paragraph 2 part 1-3 of Article 110 of the Criminal Code of Ukraine, paragraph 2 part 1 of Article 111 of the Criminal Code of Ukraine, paragraph 2 of Article 112 of the Criminal Code of Ukraine, paragraph 2 of Article 113 of the Criminal Code of Ukraine, paragraph 2 part 1 of Article 114 of the Criminal Code of Ukraine);
2) aggravation of criminal liability for the commission of certain crimes by certain circumstances: treason «under martial law» (Part 2 of Article 111 of the Criminal Code of Ukraine), sabotage «under martial law or during an armed conflict» (Part 2 of Article 113 of the Criminal Code of Ukraine), unauthorized dissemination of information about the transfer, transfer of weapons, armaments and war supplies to Ukraine, the movement, transfer or placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed under conditions of war or a state of emergency, «for the purpose of providing such information to the state carrying out armed aggression against Ukraine, or to its representatives, or to other illegal armed formations» (Part 3 of Article 114-2 of the Criminal Code of Ukraine);
3) additions to Section I of the Special Part of the Criminal Code of Ukraine «Crimes against the foundations of national security of Ukraine» with new articles (Articles 110-2, 111-1, 111-2, 114-1, 114-2 of the Criminal Code of Ukraine).