STAGES OF THE DEVELOPMENT OF LEGISLATION ON CRIMINAL LIABILITY FOR THE TRANSFER OR COLLECTION OF OFFICIAL INFORMATION COLLECTED IN THE PROCESS OF OPERATIONAL-SEARCH, COUNTERINTELLIGENCE ACTIVITIES, IN THE FIELD OF NATIONAL DEFENSE
Abstract
Abstract. The article is devoted to the study of the historical development of legislation on criminal liability for the transfer or collection of information constituting official information collected in the process of operational-detective, counterintelligence activities, in the field of national defense, as well as related institutions (criminal liability for disclosure of state, military, and other types of secrets). In particular, the study analyzed the formation of the first norms on criminal liability for the disclosure of state and military secrets in Kievan Rus, the Grand Duchy of Lithuania, and the Polish-Lithuanian Commonwealth. It has been established that the first provision on criminal liability for disclosure of state secrets as a separate element of a criminal offense was contained in the Lithuanian Statute of 1588; before that, customary law punished the very fact of communication with an enemy, without specifying the information transmitted to him. The next stage of development of legislation on criminal liability for the dissemination of secret information analyzed in the article is the stage when Ukrainian lands were under the rule of the Moscow Kingdom, and later - of the Russian and Austro-Hungarian Empires, which is characterized by the gradual systematization of norms on the protection of state secrets, while at the same time the absence of protection of official information as a separate institution. It is stated that the allocation of official information as a separate subject of criminal law protection has taken place only since the middle of the 19th century. Considerable attention is also paid to the systematization of criminal law protecting secret information during the Ukrainian SSR. It is noted that during this period, some norms were adopted that are close in structure and content to those currently in force, while there was no separate criminal law protection of official information until 1984. The transformations of the disposition of the article on criminal liability for the protection of official information from the moment of its appearance in the Criminal Code of the Ukrainian SSR in 1960 to the current version of Article 330 of the Criminal Code of Ukraine are analyzed. Based on the research conducted, the author proposes her periodization of the formation of legislation on criminal liability for the transfer or collection of official information collected in the process of operational-search, counterintelligence activities in the field of national defense.
Keywords: official information; information constituting a state secret; crimes against the state; information with restricted access; military secret; criminal liability for disclosure of information; stages of development of legislation.
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