PURPOSE AS A MANDATORY INDICATION OF THE SUBJECTIVE PART OF A CRIMINAL OFFENSE PROVIDED FOR IN ARTICLE 359 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The article analyzes the approaches of scientists to determining the possibility of establishing a purpose as a mandatory feature of a criminal offense, provided for in Article 359 of the Criminal Code of Ukraine. It is indicated that the current version of Article 359 of the Criminal Code of Ukraine, which establishes criminal liability for illegal acquisition, sale or use of special technical means of obtaining information, does not reproduce the level of social danger sufficient to criminalize such an act. The analysis of judicial practice provides grounds for stating that the subjective side of the composition of the criminal offense, provided for in Part 1 of Article 359 of the Criminal Code of Ukraine, requires further development, namely, the definition of the purpose of committing such an act as a mandatory feature. This is due to the need to improve the procedure for bringing persons who have committed illegal actions with special technical means of covertly obtaining information to administrative and criminal liability. It is stated that it is the indication of use without the purpose of secret obtaining of information, as well as ignorance of the fact that such a technical means belongs to those that are aimed at secret obtaining of information, which becomes the basis for recognizing the possibility of bringing a person to administrative responsibility. It is concluded that the establishment in the disposition of Part 1 of Article 359 of the Criminal Code of Ukraine of the special purpose of committing illegal actions with special technical means of secret obtaining of information will make it possible, firstly, to correctly determine the direct object of such an act – the right of a citizen to the inviolability of private life, personal and family secrets and the generic object – public relations that ensure the constitutional rights and freedoms of man and citizen. Secondly, under such conditions, Art. 195-5 of the Code of Administrative Offenses can also be revised and reworded to provide for liability for illegal actions with special technical means of covertly obtaining information without the purpose of interfering with private life. This will make it possible to eliminate the conflict with the establishment of administrative liability for storage, which is committed after criminally punishable acquisition.