The problem of determining the object of smuggling in the current law on criminal liability

Abstract

The article studies the issues of determining the object of smuggling in the Criminal Code of Ukraine. Scientific studies on the object of a criminal offense in general and smuggling in particular were analyzed. It is proposed to consider the need to assign smuggling to criminal offenses in the field of economic activity in accordance with its object and object, as well as the feasibility of their unification in one criminal law norm, in particular as a distinction between different articles and parts. In addition, we consider it advisable to consider the possibility of creating a new criminal law norm with the introduction of certain items of smuggling into another section, which, in terms of their qualities, is considered inappropriate to be placed in the article regulating liability for an economic criminal offense.

It is determined that movement across the customs border of Ukraine outside customs control or with concealment from customs control of explosives, radioactive materials, weapons or ammunition (except for smooth-bore hunting weapons or ammunition), parts of rifled firearms, as well as special technical means of secretly obtaining information is not included in the criminal legal protection of public relations in the field of economic activity. In addition, the characteristics of the object affect the definition of the object and the qualification of crimes. They are also grounds for attributing certain acts of criminal or administrative jurisdiction (smuggling of goods, weapons, narcotic substances, special technical means of secretly obtaining information).

It is justified that a common object forms a combination (economic, political, basis of national security, property, life and health of people, etc.) of public relations placed under the protection of the current criminal law. For its part, the general object of a criminal offense is not a permanent system of public relations (once and for all given), but a mobile (variable) system, depends on the criminal law (for example, in connection with the criminalization or decriminalization of socially dangerous acts, the entire system of public relations changes, forms a common object of criminal legal protection).

It is determined that the object of smuggling in accordance with the current version of Art. 201 of the Criminal Code of Ukraine does not fully correspond to the nature and essence of the criminal offense in the field of economic activity. Thus, amendments should be made to Art. 201, 262, 305 and 359 of the Criminal Code of Ukraine, specifying both the object and the subject of smuggling and agreeing on the content of the general and special norm. The outline will change the vector of criminal law protection of the norm. It is proposed to introduce a number of amendments to the current legislation to improve the criminal legal settlement of the issue of smuggling.