PROTECTION OF STATE SECRETS DURING CRIMINAL CONDUCT

Abstract

The article thoroughly examines the provisions of the Criminal Procedure Code of Ukraine regarding criminal proceedings, which contain information that constitutes a state secret. The peculiarities of legal regulation of the mentioned proceedings are considered, the legal measures to ensure the protection of state secrets are listed, as well as the problems of legal protection of the institute of state secrets during the pre-trial investigation are identified. The main conditions of access of participants in criminal proceedings to information that is a state secret, as well as the issue of preservation of such information are outlined. The issue of taking measures by the investigator, prosecutor, court aimed at preventing the disclosure of information constituting a state secret and its material carriers is considered. The characteristic legislative features of the procedure of pre-trial investigation and court proceedings on information that is a state secret and examination in criminal proceedings containing a state secret are established, the responsibility of the participants in criminal proceedings in case of its disclosure is clarified. It is noted that one of the guarantees of state secrecy is to conduct a pre-trial investigation in compliance with the requirements of the secrecy regime. It is stated that despite the significant contribution of scientists to criminal procedure and law enforcement practice, to date there are still unresolved certain issues that arise during criminal proceedings, which contain information that is a state secret, which in turn has a negative impact on its preservation. The article highlights the gaps in the current legislation in the part concerning the effectiveness of criminal law, which defines the procedure for protection of information constituting a state secret. On the basis of research of theoretical provisions of information protection, which are a state secret at all stages of criminal proceedings, ways to improve the current criminal procedure legislation are proposed, which will contribute to the preservation and protection of state secrets during criminal proceedings.