HISTORICAL BACKGROUND AND SOCIAL DETERMINATION FOR LEGISLATIVE PROHIBITION ON THE REVEALING THE INVESTIGATIONS INFORMATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
This article focuses on studying the issue of having prohibition to reveal information related to secrecy of investigation in the criminal code of Ukraine. The study will analyse preconditions for providing the prohibition. We examine evolution of the criminal law provisions discover actual causes of prohibition on the revealing the investigations at the certain historical stages. Authors prove that in pre-soviet period prohibition on the revealing the investigations had been caused with increasing of censorship by the Government and in soviet period – by the need to strengthen the command and control system of the government. Prohibition, provided for in paragraph 387 criminal code of Ukraine is examined for compliance with standards of criminalisation. Author reveals objective and subjective criteria that determine a need for this prohibition. Within the limits of comparative study it has been figured out that criminal law procedure of protection for concerned social relations has got a global nature, it confirms validity of protection for the relevant social relations through this legislative prohibition.
Authors and Affiliations
А. А. Бражник
Keywords
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