Socially Dangerous Behavior as the Mandatory Feature of the Objective Aspect of Crime Under the Article 330 of the Criminal Code of Ukraine

Abstract

On the basis of the analysis of existing scientific approaches to the interpretation of socially dangerous act, provided by the legislator in the Art. 330 of the Criminal Code of Ukraine, the author has formulated own approach to determining its content and possible forms of such criminal behavior.

When transferring data to foreign enterprises, institutions, organizations or their representatives constituting the official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, it is offered to understand the commission of any actions by the subject, which are: 1) the direct transfer of information to a representative of a foreign enterprise, institution or organization (verbally, by the delivery of material carriers, etc.); 2) forwarding information with the use of communication means (postal, telephone, telegraph, electronic, etc.) to the address of a foreign enterprise, institution, organization or their representatives; 3) creating the conditions for acquaintance or access to them by a representative of a foreign enterprise, institution or organization.

The author believes that the collection of data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives that constitutes official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, should be considered as a process, which depending on the situation, may include: detection of information (its carriers), its recording (in memory or by technical means: photo, video, audio recording, copying of documents, electronic documents on USB, HDD, CD drives, etc.); removal of recorded information in the form of a copy or the original carrier from the location; placing the retrieved information in a specific place for storage and further transfer.

The collection of data for the purpose of its transfer should be considered as an action, which is contrary to the rules established by law and, accordingly, requires overcoming the obstacles established by law in order to get access to it. To achieve this purpose, the offender may resort to illegal means such as wiretapping, abduction, bribery, extortion, etc.