在最近修订和变化的情况下危害国家安全基本原则的罪行

Svitlana Soroka
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引用次数: 0

摘要

在最新变化和补充的背景下,对危害国家安全基础的罪行进行了定性。可以确定的是,刑法不是稳定的,因为它是建立在由政治、社会和经济力量决定的不断变化和流动的历史条件的基础上的。鉴于对我国发动的战争所造成的当前事件,对乌克兰刑法第1章“危害国家安全基础罪”进行了一些修改和补充。强调,危害国家安全基础的犯罪是具有社会危险性的、非法的、惩罚性的和应受谴责的行为,由已达到刑事责任年龄的应受谴责的人实施,侵犯乌克兰的国家和社会秩序、主权、政治制度、不可侵犯性、领土完整、国防能力、信息和经济安全,以及生态和军事军备领域的国家安全。其中,立法者包括旨在暴力改变或推翻宪法秩序或夺取国家政权的行动(第109条);侵犯乌克兰的领土完整和不可侵犯性(第110条);资助以暴力改变或推翻宪法秩序或夺取国家政权、改变乌克兰领土或国家边界为目的的行动(第110-2条);叛国罪(第111条);侵犯国家和社会人物的生命(第112条);破坏(第113条);间谍活动(第114条)和妨碍乌克兰武装部队和其他军事编队的合法活动(第114-1条)。对这些罪行的构成部分作了一般性描述。审议了在俄罗斯全面入侵乌克兰的情况下对乌克兰《刑法》提出的立法的修改。经查明,乌克兰《刑法》第一节“危害国家安全基础的罪行”补充了以下条款:合作活动(第111-1条);援助侵略国(第111-2条);阻碍乌克兰武装部队和其他军事组织的合法活动(第114-1条);未经授权传播有关向乌克兰转让、转让武器、军备和战争用品,乌克兰武装部队或根据乌克兰法律组建的其他军事编队在战争或紧急状态下的调动、转移或部署的信息(第114-2条)。会议的结论是,对戒严法下的某些行为进行刑事定罪是国家方面必要、相关和及时的步骤。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Crimes against the basics of national security in the context of recent amendments and changes
Characterization of crimes against the foundations of national security in the context of the latest changes and additions was carried out. It is established that criminal law is not stable, as it is based on changing and fluid historical conditions, which are determined by political, social and economic forces. In view of the current events caused by the started war against our state, a number of changes and additions were made to Chapter 1 "Crimes against the foundations of national security" of the Criminal Code of Ukraine. ​It is emphasized that crimes against the foundations of national security are socially dangerous, illegal, punitive and culpable acts, committed by a physically reprehensible person who has reached the age of criminal responsibility, and encroaches on the state and social order of Ukraine, its sovereignty, political system, inviolability, territorial integrity , defense capability, information and economic security, as well as national security in the field of ecology and military armament. Among them, the legislator includes actions aimed at violent change or overthrow of the constitutional order or at the seizure of state power (Article 109); encroachment on the territorial integrity and inviolability of Ukraine (Article 110); financing of actions committed for the purpose of violent change or overthrow of the constitutional order or seizure of state power, change of territory or state border of Ukraine (Article 110-2); treason (Article 111); encroachment on the life of a state or public figure (Article 112); sabotage (Article 113); espionage (Article 114) and obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations (Article 114-1).A general description of the components of these crimes is provided. ​Changes to the legislation, which were introduced to the Criminal Code of Ukraine in connection with the full-scale invasion of Russia into Ukraine, were considered. It was found that Section I "Crimes against the foundations of national security" of the Criminal Code of Ukraine was supplemented with the following articles: Collaborative activity (Article 111-1); Assistance to the aggressor state (Article 111-2);Obstructing the lawful activities of the Armed Forces of Ukraine and other military formations (Article 114-1); 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 (Article 114-2). ​It was concluded that the criminalization of certain acts under martial law is a necessary, relevant and timely step on the part of the state.
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