Characteristics of the Object of State Treason

Abstract

Annotation. The article presents a criminal law characterization of the object of a criminal offense, responsibility for which is provided for in Art. 111 of the Criminal Code of Ukraine "State Treason". It was determined that a significant increase in the number of recorded criminal offenses under this norm, as well as outdated ones, which were mainly carried out until 2022, scientific studies confirm the relevance of the selected issue. The article analyzed the family, species and immediate objects of treason. It is proved that the content of the generic object of all criminal offenses against the foundations of national security follows from the title of Section I of the Special Part of the Criminal Code – social relations related to the protection of the foundations of national security. But the family object of treason should be recognized precisely those social relations that ensure the existence of the people of Ukraine and the sovereign, independent, democratic, social and legal state created by them: the national security of Ukraine, which includes sovereignty, constitutional order, territorial integrity and inviolability, defense capability, environmental, economic and information security. Based on the results of the study of scientific works, it is proved that the division of objects of criminal offenses against the foundations of national security of Ukraine into generic, species and immediate is inexpedient. The identity of the concepts of "social relations in the field of protection of external and internal security of Ukraine" and "public relations in the sphere of protection of national security of Ukraine" was stated, on the basis of which the conclusion was made about the coincidence of the generic and main direct objects of the analyzed criminal offense. An optional additional direct object of treason is highlighted, which can recognize an undefined range of social relations, which directly depends on the form of the committed socially dangerous act.

Keywords: national security; state security; foundations of national security; state treason; object of a criminal offense; criminal offense; criminal liability.