Issue: № 1, 2023
Doi: https://doi.org/10.37634/efp.2023.1.3
The paper emphasizes that violation of the procedure for international transfers of goods subject to state export control directly threatens the national security of the state itself. The criteria that serve as a measure of the social conditioning of the criminalization of violation of the order of international transfers of goods subject to state export control have been determined. Groups of factors influencing criminalization are identified. A literature review of the grounds of the criminal law prohibition, which serve as objective prerequisites for its establishment, was carried out. The position regarding the impracticality of considering a criminal offense provided for by Art. 333 of the Criminal Code, as an international convention. It was determined that the social conditioning of the criminalization of violations of the order of international transfers of goods subject to state export control is based on society's assessment of the act as criminal, that is, one characterized by such a degree of social danger that only criminal liability is the appropriate legal consequence public danger of this act. The public danger of violating the order of international transfers of goods subject to state export control is not only in weakening the national security and defense capability of a certain state, but also has an international character. It cannot be claimed that the criminalization of the violation of the order of international transfers of goods subject to state export control is a consequence of Ukraine's obligations under the international treaties it has ratified, since this conclusion will be justified only in the case when we are talking about the Convention on the prohibition of development, production, stockpiling and use of chemical weapons and on their destruction, Art. VII of which clearly provides for the establishment of criminal liability for acts prohibited by this convention. Criminal violation provided for in Art. 333 of the Criminal Code, cannot be considered as an international convention, since the criminalization of violation of the order of international transfers of goods subject to state export control is not a consequence of Ukraine's obligations under international treaties ratified by it, with the exception of certain acts defined by the Convention on the Prohibition of Development, Production, accumulation and use of chemical weapons and their destruction.
Keywords : grounds for criminalization, state export control, national security, procedure for international transfers of goods, social conditionality
References:
1. Fris P.L. Criminalization and decriminalization in criminal law policy. Bulletin of the Criminal Law Association of Ukraine. 2014. No. 1(2). pp. 19–27 (in Ukrainian).
2. Pashchenko O.O. Social conditioning of criminal law norms: autor’s abstract ... Dr. Of legal sciences: Odesa, 2019. 37 p. (in Ukrainian).
3. Humin O., Yakymova S., Social conditionality of the expediency of criminalization of illegal enrichment in Ukraine. Bulletin of the Lviv Polytechnic National University. 2019. Vol. 6. No. 22. pp. 185-190. (in Ukrainian).
4. Brych L.P., Navrotskyi V.O. Criminal legal qualification of tax evasion in Ukraine: monograph. Kyiv, 2000. 258 p. (in Ukrainian).
5. Balobanova D.O. Theory of criminalization: autor’s abstract ... PhD in legal sciences. Odesa, 2007. 17 p. (in Ukrainian).
6. Hotin O. Grounds for the criminalization of acts. Law of Ukraine. 2005. No. 2. pp. 95–98. (in Ukrainian).
7. The Law of Ukraine On Amendments to the Criminal Code and of the Criminal Procedure Code of Ukraine dated September 17, 1992 No. 2613-XII. URL: https://zakon.rada.gov.ua/laws/show/2613-12/ed19920917#Text (in Ukrainian).
8. Hrachov S.V., Shamara O.V. Liability for violation of the order of international transfers of goods subject to state export control, according to the criminal legislation of Ukraine: monograph. Kyiv, 2015. 286 p. (in Ukrainian).
9. Criminal law (Special part): textbook / ed. O.O. Dudorov, E.O. Pismenskyi. Luhansk, 2012. Vol. 2. 780 p. (in Ukrainian).
10. Khymychuk A., Steblivskyi R., Pashkina A. Sanctions policy against Russia 2014-2022: gaps and circumvention schemes. Kyiv, 2022. URL: https://www.irf.ua/wp-content/uploads/2022/07/trap-aggressor_sanctions.pdf (in Ukrainian).
11. Dudorov O.O., Khavroniuk M.I. Criminal law. Kyiv, 2014. 944 p. (in Ukrainian).
12. Zelinska N.A., Andreichenko S.S., Dromina-Volok N.V., Koval D.O. Theory and practice of international criminal law. Odesa, 2017. 582 p. (in Ukrainian).
13. Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968. URL: https://zakon.rada.gov.ua/laws/show/995_098#Text (in Ukrainian).
14. Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction. URL: https://zakon.rada.gov.ua/laws/show/995_182 (in Ukrainian).
15. Comprehensive Nuclear Test Ban Treaty. URL: https://ips.ligazakon.net/document/MU96338 (in Ukrainian).
16. Law of Ukraine On the Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organization on conducting activities, including after certification activities, in relation to international monitoring facilities under the Comprehensive Nuclear-Test-Ban Treaty. URL: https://zakon.rada.gov.ua/laws/show/2108-14#Text (in Ukrainian).