Criminal and legal protection of the authority of department of state guard of Ukraine: to the question

Abstract

The article deals with the issues of the modern criminal and legal protection of the authority of the Department of State Guard of Ukraine (DSGU). The analysis of modern scientific works on related issues allowed us to conclude about another subject of their research (issues of administrative and legal regulation of the DSGU activity, criminal and legal protection of state security activities, criminal and legal protection of the law enforcement officers in general). It is stated that the criminal and legal standards that ensure the protection of servicemen of the DSGU from criminal encroachments have not been the subject of separate scientific researches. The purpose of the article is to identify the main problematic issues that arise in the regulation of criminal and legal protection of the authority of the DSGU. The article substantiates that the criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection. The following provisions are based on the following hypotheses: 1) it is impossible to limit in criminal and legal protection only general constitutional rights and freedoms (for example, life or health) of servicemen and employees of the DSGU; 2) criminal and legal protection of the authority of DSGU is carried out precisely in connection with the performance of certain official duties by the employees and servicemen of the DSGU; 3) special victim of crime is not only a serviceman but also an employee of the DSGU; 4) separate place is occupied by crimes committed by the servicemen of the DSGU against the same persons. This category of criminal offenses against the procedure established by law for servicemen or passing military service is classified in another legal category of «military crimes». Based on the foregoing, the following conclusions are proposed: 1) requires a modern scientific research of modern criminal and legal protection of the authority of the DSGU; 2) criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection; 3) all crimes committed against the rights and freedoms of servicemen and employees of the DSGU should be divided according to such objective and subjective elements (signs) as the generic object of the crimes, the purpose, motive and the subject of the crime; 4) considering the organic unity of such forms of committing crime, such as the threat of destruction or damage to property and the immediate destruction or damage of property, it is proposed to provide for criminal liability for such a threat in Part 1 of Art. 347 of the Criminal Code of Ukraine (effective Part 1 of Art. 347 of the Criminal Code of Ukraine to provide in Part 2, and Part 2 – in Part 3).