CRIMINAL LEGAL REGULATION OF CRIMES IS IN THE FIELD OF INVIOLABILITY OF STATE BOUNDARIES OF UKRAINE AND HER IMPROVEMENT
Authors:   National academy of Security of Ukraine Service, Tischenko E. , Bantishev O. ,   National academy of security of Ukraine Service
Published: May 2024

Committing crime in the field of inviolability of state boundary of Ukraine is violation of interests of the state in the field of the guard of state boundary, violation of interests of the state is in the field of the guard of state boundary, violation of the set order of his crossing, and also violation of interests of society and individuals. Except it, crimes in the field of marked can be the stage of preparation to other grave or especially heavy crimes or encroaching upon them, or by the means of feasance of other crimes. As operative and inquisitional practice, special services of the foreign states, persons or their groups hostilely adjusted to our country, confirms use illegal penetration to Ukraine for a conduct against her of subversive activity, for example, trenching upon life of state or public figure, diversion, espionage, contraband goods of weapon, ammunition, military technique, assassination, contraband goods of narcotic facilities, psychotropic substances, their analogues or прекурсорів or falsifyed medicinal facilities. The illegal crossing of state boundary from Ukraine outside her territory can be perfect the citizens of Ukraine, that collected information illegally, that presented a state secret, by persons that committed crime in Ukraine and have for an object to avoid legal responsibility for different offences. The aim of the article is continuation of research of dispositions of the articles of КК of Ukraine, that set responsibility for committing crime in the field of inviolability of state boundaries of Ukraine, and formulation on this basis of suggestions in relation to the possible improvement of corresponding norms of criminal right. Crimes offer as a result of research, envisaged century of century 332, 3322 , 334, to distinguish in the separate division of Special part of КК of Ukraine. As actions of leader of illegal passage of persons through the state boundary of Ukraine not always coincide with the actions of organizer of this crime, it costs to add to the century 27 КК of Ukraine Types of corresponding part, that would determine the concept of leader, that is there is a person, that manages the feasance of criminal offence, heads distribution of roles and feasance of certain actions. Also to add to the century 332 КК of Ukraine part fourth, that would set an increase responsibility for the actions, envisaged by parts first, second and third the real article, if they entailed death even one person or other heavy consequences. To КК of Ukraine it is desirable to include concept suffering from a crime in the release of century 55 the Criminal code of practice of Ukraine, adding society and state to the physical and legal person, that also suffer at the feasance of criminal offences. Expedient is a return to КК of Ukraine of century a 331 illegal crossing of state boundary of Ukraine. It is necessary to set an increase responsibility at illegal passage of person (persons) through the state boundary of Ukraine from selfish motives in case of receipt for such operating of pay on a sum, that in 600 and more than times exceeds untaxable a minimum of acuestss of citizens in the moment of feasance of this criminal offence. Third type of criminal activity, envisaged to the century 334 КК of Ukraine of Non-observance of the routes, places of landing, air-routes, corridors or echelons, marked in permission as independent crime it follows to envisage the separate article and attribute her to Division of CHI of Special part of КК of Ukraine «Criminal offences against safety of motion and exploitation of transport». Corpus, envisaged century delict 3321 , it follows to attribute to Division of ІХ of Special part of КК of Ukraine «Criminal offences against public safety».