Open AccessSome features of criminal law relations in the field of border security of Ukraine
Author(s) -
О. Б. Ганьба
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.66.30
Subject(s) - political science , state (computer science) , law , criminal law , guard (computer science) , field (mathematics) , mathematics , algorithm , computer science , pure mathematics , programming language
The article identifies separate features of criminal law relations in the field of border security of Ukraine. It is emphasized that the strengthening of existing and emergence of new threats in the field of national security of Ukraine, in particular, the exacerbation of certain problems of integrated border management, necessitates further rethinking and improving criminal relations in the field of border security of the state.
Features of these legal relations are considered by us through the prism of specific species and scientific ap-proaches to their characteristics.It is substantiated that, taking into account the specifics of the sphere of legal regulation, the protective criminal relations, which are specific social relations that arise on the basis of the norms of criminal law between the state and a person who commits a concrete crime, enforcing the border security of Ukraine and which is realized in the form criminal liability or exemption from criminal liability.It is emphasized that an exceptional feature of the investigated legal relationship is their subject composition, due to which their specific characteristics are distinguished. Accordingly, a list of subjects of both regulatory and security criminal relations in the field of border security of Ukraine is determined.Depending on the entity, it is proposed to divide crimes to such that servicemen and employees of the State Bor-der Guard Service of Ukraine, as well as other security sector and defense bodies; crimes that are committed by third parties, which are unlawful of which is related to the field of the border security of the state. Comparison of these groups of crimes reflected in statistical data on the results of operative-service activities of the State Border Guard Service of Ukraine for 2018, 2019 and 2020, clearly forms the idea of law and order and legality, the level of quality of criminal-legal regulation of relations in the investigational area, as well as about the state of protecting the state and public interests of Ukraine as a whole.