Problem Questions of Subject of Syllables of Crimes are against Bases of National Safety of Ukraine
Authors: CHORNYI Ruslan 
Published: June 2020

According to Part 1 of Art. 18 of the Criminal Code of Ukraine is the subject of the crime is a natural convicted person who has committed a crime at the age of criminal responsibility. The special subject of the crime is a natural convicted person who committed at the age of criminal responsibility, a crime that can be subject only to a certain person (Part 2 of Article 18 of the Criminal Code of Ukraine). Thus, the law defined a clear list of features that are mandatory when deciding whether to admit a person guilty of committing any crime, including those provided for in Article I of the Special Part of the Criminal Code of Ukraine. At the same time, the addition of the General part of the Criminal Code to Section XIV–1 «Measures of Criminal Law on Legal Entities» necessitates the harmonization of these provisions with the definitions of the subject of crime, guilt, criminal liability, punishment, complicity in crime and other institutions of criminal law. . In this regard, it is justified that the subject of the crimes, provided by Art. 109–1141 is an exclusively physical, condemned (restrictedly convicted) person who committed the crime at the age specified in sections 1 and 2 of Art. 22 of the Criminal Code of Ukraine. It has been found out that the subjects of some crimes may in fact be persons who, before committing crimes, have been 18 years old (treason committed by a serviceman), 21 years (committing acts of the People's Deputy aimed at violent change or overthrow of the constitutional order or seizure of the state authorities), 35 years (committing a crime under Article 111 of the Criminal Code of Ukraine by the President of Ukraine), etc. However, in such cases, it is not a matter of increased age of responsibility, but of the possibility of acquiring a person of the appropriate legal status, which presupposes intellectual (to exercise certain powers) and physical (to pass military service) fitness for a certain type of activity. The questions of special subjects of crimes against the bases of national security of Ukraine, which can be divided into the following groups, are investigated: 1) a citizen of Ukraine (Article 111); 2) foreign citizen or stateless person (Article 114); 3) a representative of the authorities (Part 3 of Article 109 and Part 2 of Article 110). It is proved that the actions of a person who acquired the citizenship of another country should be qualified under Art. 111 of the Criminal Code of Ukraine, as this fact is only a reason for the loss of citizenship of Ukraine and the issuing of a relevant decree of the President of Ukraine on this issue. Attention is drawn to the need to clarify the provisions of Art. 109 and other norms of the Criminal Code of Ukraine (Part 1 of Article 294, Part 3 of Article 296, Part 1 of Article 342, Article 349 and Part 2 of Article 4361 of the Criminal Code of Ukraine) in terms of predicting the liability of public authorities in them for taking appropriate action. Considering the possibility of interfering with the lawful activity of the Armed Forces of Ukraine and other military formations (Article 1141 of the Criminal Code of Ukraine) by means of socially dangerous inactivity of officials, which may impede the conduct of mobilization activities, the necessity of making appropriate changes to Part 2 of the above is justified article.