АНАЛІЗ КРИМІНАЛЬНО-ПРАВОВОЇ НОВЕЛИ ПРО НЕСАНКЦІОНОВАНЕ ПОШИРЕННЯ ВІЙСЬКОВО ЗНАЧУЩОЇ ІНФОРМАЦІЇ (СТ. 114-2 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ)

Abstract

The article analyzes a criminal law novel dedicated to the regulation of responsibility for the unauthorized dissemination of information about the direction, movement of weapons, weapons and ammunition to Ukraine, the movement, movement or deployment of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed in the conditions military or state of emergency (Article 114-2 of the Criminal Code of Ukraine). It was established that criminally punishable under Art. 114-2 of the Criminal Code of Ukraine recognizes: a) exclusively “dissemination” of information; b) an exhaustive list of which is given in parts 1 and 2 of the criminal law prohibition under consideration; c) what (distribution) does not have to be public and “primary” (may be non-public and “secondary”). It is argued that the norm under consideration should not refer to information about “weapons (weapons) and ammunition”, but to the general, broader concept of “military goods”. It has been proved that the degree of public danger of each of the actions referred to in Articles 111, 113, 114-1 and 114-2 of the Criminal Code of Ukraine is significantly increased when they are committed both under martial law and during an armed conflict, a special period or a state of emergency, and therefore, in all the above-mentioned compositions, each of these signs must be recognized either as a crime-forming or qualifying one. The provision is substantiated that the one mentioned in Part 3 of Art. 114-2 of the Criminal Code of Ukraine, the reference to “the purpose of providing such information to the state carrying out armed aggression against Ukraine, or its representatives, or other illegal armed groups” should be excluded from the prohibition under consideration.