Distinction of the crime provided by art. 361-2 of the criminal code of ukraine with related crimes

Abstract

The article is dedicated to the specifics of distinction of the crime provided by art. 361-2 of the criminal code of Ukraine with related crimes. Specifics of the subject of this corpus delicti is revealed. Factors resulting in criminal law articles competition are studied. It is stated that the vast majority of related crimes is designed either «for a special subject» or includes the transfer of information to a particularly dangerous addressee (foreign party), or provides the mandatory occurrence of socially dangerous consequences. It is shown the specifics of classified information unsanctioned sell or distribution classification: 11) created and-or protected with violation of Ukrainian law; 2) in case of no law regulation protected by its owner according to his own preferences, for example by creating a secure computer network or by data encryption. According to the results of the comparative analysis of the crime under Art. 361-2 of the Criminal code of Ukraine, with related crimes, their distinguishing criteria are identified and systematized depending on the specific type of the information that is subject of the crime. It is substantiated that decriminalization of the crime under Art. 361-2 of the Criminal code of Ukraine, as it is proposed by some scientists, will lead to negative consequences, because there will be several significant gaps in criminal law regulation of public relations concerning certain types of information protection. As the result of conducted research it is substantiated that there is a necessity of comprehensive review of the system of criminal laws that provide protection of public relations in the field of access to information taking into account significant changes in the sphere of information computer processing, determined due to achievements of scientific and technological progress. Key words: classified information, crime, sale, distribution.