The target of a crime under the Article 330 of the Criminal Code of Ukraine

Abstract

From the standpoint of philosophical ontology the author has determined the notion and nature of information constituting official information gathered in the course of operative and search or counterintelligence operations and in the defense sphere of the country as the target of a crime under the Art. 330 of the Criminal Code of Ukraine. The place of this information has been specified in the list of information types determined by the current legislation of Ukraine.

The author has outlined the differences of the official information gathered in the process of operative and search, counterintelligence operations and in the defense field of the country, starting from homogeneous objects, in particular, the target of a crime, stipulated in the Art. 111 of the Criminal Code of Ukraine. They are as follows: 1) this information is obtained by authorized subjects in specific areas of social activity – within operative and search, counterintelligence operations, in the defense field of the country; 2) such information has limited access; 3) its disclosure may harm the public interest in the field of counteracting crime or within intelligence activities to the detriment of the state security of Ukraine and the country’s defense capabilities; 4) the assignment of information to such that constitutes official information, is carried out by the state authorities, which conduct operative and search or counterintelligence operations, as well as state agencies, local self-government agencies, enterprises, institutions and organizations in the defense field of the country; it is approved by their regulatory act; 5) documents or other material carriers containing official information are assigned the stamp “For official use”.

The author has outlined the range of subjects defining the lists of official information, which is the target of this crime; and has specified the sub-legal acts defining such lists. The author has grounded the expediency of expanding its content by supplementing other types of official information, namely, disclosing the organization procedure, tactics and methods of conducting operative and search, counterintelligence operations, the number of employees of these units, their technical provision, etc.