PROBLEM ASPECTS OF DISTINGUISHING THE TRANSMISSION OR COLLECTION OF OFFICIAL INFORMATION OBTAINED IN THE PROCESS OF OPERATIONAL AND INVESTIGATIVE ACTIVITIES, COUNTERINTELLIGENCE ACTIVITIES, IN THE SPHERE OF NATIONAL DEFENSE, FROM OTHER CRIMINAL OFFENSES A

Abstract

The article presents a comparative study regarding the transmission or collection of data constituting official information – specifically information obtained during operationalinvestigative and counter-intelligence activities or within the sphere of national defense – and a range of other criminal offenses that infringe upon information security (particularly the statutory regime governing the handling of restricted-access information), as well as the criteria and problematic aspects involved in distinguishing between them for the purposes of criminal law qualification. Among other things, the study analyzes theoretical concepts regarding related criminal offenses and the criteria for distinguishing between them, identifying the key elements used to differentiate these offenses. It examines the concept of «information security» within legislation and criminal law scholarship, as well as prevailing doctrinal views on the advisability of categorizing offenses that infringe upon information security, the specific offenses included in this category, and various classification approaches. Significant attention is paid to the practical aspects of distinguishing the criminal offense provided for in Article 330 of the Criminal Code of Ukraine from related criminal offenses infringing upon information security – specifically, high treason (Article 111), espionage (Article 114), disclosure of state secrets (Article 328) and loss of documents constituting state secrets (Article 329), disclosure of military information constituting state secrets or loss of documents or materials containing such information (Article 422), criminal offenses involving the use of electronic computing machines (computers), systems, computer networks, and telecommunications networks (Section XVI), as well as a number of other criminal offenses involving restrictedaccess information. The main shortcomings of the law on criminal liability in this regard are identified, and practical recommendations for law enforcement practitioners are formulated.