Kubalskiy Vladislav Nartsyzovich. Fundamentals of criminal legal protection state sovereignty of Ukraine
The system of criminal legislation of Ukraine is researched in part of norms, directed on the guard of state sovereignty. Essence of concept is exposed state sovereignty in constitutional-legal science and science of international law, and also in normative acts.
In international law the term «sovereignty» is used in connection with legal state, national – is associated primarily with the process and results of dominion exercised by state bodies and officials. State sovereignty – it determining and integral quality of the state which represents its supremacy on the territory and independence in international relations.
In Ukraine became actual threat state sovereignty in connection with excrescence of separatism,increase of number of crimes upon the constitutional line-up of the state and on the country’s territorial integrity. The existent system of criminal legal guard of state sovereignty must sure engulf the action all existent and possible in the future substantial threats for state sovereignty of Ukraine. It should be noted that in the domestic doctrine of criminal law until now it is not formulated separate integral conception of criminal legal policy in the field of providing of state sovereignty of Ukraine.
The acceptable is seemed by the following classification of criminal offenses on state sovereignty: 1) usurpation of sovereignty is together with usurpation of state power; 2) weakening of sovereignty is together with weakening of state power; 3) abuse of sovereignty is together with abuse of state power. In the article is researched foreign experience of legislative regulation for criminal offenses on state sovereignty.
The criminal codes of separate countries provides for some of the individual norms called «violation of the sovereignty and territorial integrity». In some countries offenses on territorial integrity can form a form of the objective of treason or other criminal acts.
The list of crimes the object of which comes forward or can come forward state sovereignty is defined. To offenses under the Criminal code of Ukraine, the object of which serves or may serve the state sovereignty of Ukraine include: action to violent change or overthrow the constitutional order or the seizure of state power (аrticle 109), violation of territorial integrity and inviolability of Ukraine (аrticle 110), financing acts committed for the purpose of violent change or overthrow the constitutional order or the seizure of state power, changing the boundaries of the territory or state border of Ukraine (article 1102), treason (аrticle 111), trenching upon life of public or political figure (article 112), sabotage (аrticle 113), espionage (аrticle 114), terrorist act (article 258), involvement in the commission of a terrorist act (аrticle 2581), public incitement to commit a terrorist act (аrticle 2582), the creation of a terrorist group or terrorist organization (аrticle 2583), facilitate the commission of a terrorist act (article 2584), financing of terrorism (article 2585), war propaganda (article 436), the planning, preparation, launching and maintaining aggressive war (article 437), attempts on the life of a representative of a foreign state (article 443), the use of weapons of mass destruction (article 439) and others. Not all cases, state sovereignty is the main target for these crimes.
The conclusion is done that existing in Ukraine system of criminal legal guard of state sovereignty taking into account the last events in Donbas and in Crimea needs update and must contain an adequate answer for all existent and possible forms of threats in this sphere.
The selection of criminal offenses against state sovereignty is conditioned the necessities of criminal legal science and practice. It allows to provide approach of the more systems to counteraction of the most dangerous threats for state sovereignty of Ukraine.
Key words: state sovereignty; territorial integrity; crimes against state sovereignty.
