Criminal legal protection of bases of state sovereignty is on leg- islation of foreign countries
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
In the article the criminal legislative of foreign countries is examined in part of responsi- bility for criminals against bases of state sovereignty. To one of the priority areas of criminal law reform include improving Ukraine guarantees state sovereignty. In modern conditions one of the most actual directions of domestic criminal lawful policy is counteraction crimes against bases of state sovereignty of Ukraine. To the criminal acts against bases of state sovereignty belong before all trenching upon territorial integrity and inviolability of Ukraine, high treason, planning, preparation, unleashing and prosecution of aggressive war, and also other acts, the public danger of which consists fore- most of that they can create an instant danger existence of the independent (sovereign) state within the limits of existent territory. The meaning of «separatism» in legal terms cannot be reduced to a particular crime. As separatism is a complex social phenomenon, the criminal responsibility for separatism alto- gether impossible. It can occur only for specific criminal acts, which manifests separatism as a phenomenon. An analysis of the criminal legislation of foreign countries indicates that in one form or another (usually as part of a more general rules) criminalized criminal trespasses on the bases of sovereignty (independence) of the state in the criminal codes of most priority coun- tries. The criminal laws of the Kingdom of Denmark, the Republic of Estonia, the Republic of Korea, the Republic of Lithuania, the Republic of San Marino, the Republic of Turkey provides special criminal law, aimed at protecting state sovereignty and territorial integrity. In some countries, criminal trespasses on the bases of state sovereignty and territorial integrity can be qualified as treason or other criminal acts. Criminal law aimed at protecting state sovereignty (independence), contains, as a rule, articles, aimed both at protecting territorial integrity. As evidenced by the analysis of crimi- nal laws of foreign countries, criminal law aimed at protecting state sovereignty (indepen- dence), are usually in the article on the protection of territorial integrity. These rules are con- tained mainly in sections (chapters), entitled «Crimes against the state» or «Crimes against state security». The criminal law of foreign countries in the study field contains many rules that can be efficient and effective in combating crimes against bases of state sovereignty, some of them require thorough examine in order to implement the legislation of Ukraine and should be taken into account in the construction of the system of crimes against bases of state sover- eignty.
Authors and Affiliations
Vladislav Kubalskiy
Keywords
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