Issue: № 8, 2024
Doi: https://doi.org/10.37634/efp.2024.8.6
The paper defines the signs of an entity violating the procedure for international transfers of goods subject to state export control. It is noted that the subject of the violation of the procedure for international transfers of goods subject to export control is a general person, that is, a culpable person who has reached the age of 16, regardless of whether they are business entities or their employees, and that whether they can legally be subjects of international transfers of goods that are subject to state export control. It was concluded that the violation of the order of international transfers of goods subject to state export control can be committed both intentionally and negligently. It can be stated that any average person who conscientiously carries out a transaction, the subject of which is a product that is not in free circulation, must make sure that such a product is not prohibited or restricted for export outside Ukraine and is not subject to state export control, referring to the relevant legislation - the Customs Code, the Law of Ukraine "On State Control of International Transfers of Military and Dual-Use Goods", acts of the Cabinet of Ministers of Ukraine, etc. In the event that a person does not perform the specified actions, not complying with the provisions of Art. 23 of the Constitution of Ukraine, according to which every person has obligations to society, which ensures the free and comprehensive development of his personality, and also neglects the obligation to strictly adhere to the Constitution of Ukraine and the laws of Ukraine, enshrined in Art. 68 of the Constitution of Ukraine, it can be considered as manifestations of criminal self-confidence or criminal negligence of a careless form of guilt. It is emphasized that in Art. 68 of the Constitution of Ukraine stipulates that ignorance of the laws does not exempt from legal responsibility. However, this provision cannot be considered as something that nullifies the intellectual sign of intent or carelessness, the person's awareness of the social danger of the act, since in this case there will be an objective attitude of guilt, for which the blame for committing a certain act can be placed on a person without taking into account her subjective attitude to the committed. However, in accordance with the Law of Ukraine "On the procedure for covering the activities of state authorities and local self-government bodies in Ukraine by means of mass information", bringing the laws of Ukraine and other normative legal acts to the attention of the population is carried out by their official publication in accordance with the law in state printed mass media and official printed publications (official publications), coverage by audiovisual means of mass information, publication on the official websites of state authorities and local self-government bodies, as well as in another way determined by law. In view of the above, it is possible to talk about the presumption that if a regulatory or by-law act is officially promulgated in the manner prescribed by the relevant law, a person cannot plead his innocence due to the fact that he was not aware that such an act was adopted or about its content, including the list of goods subject to state export control, and the procedure for their international transfer.
Keywords : subjective side of the criminal offense, subject of the criminal offense, state export control, national security, procedure for international transfers of goods, breach of order
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