Criminal Liability for Offenses Against National Security: Domestic and Foreign Perspectives

Abstract

The article deals with the issue of criminal liability for crimes against the foundations of national security on the example of domestic and foreign experience of certain countries. The author specifically analyzes the legislative regulation of criminal liability for crimes against national security in the Republic of Lithuania, the Republic of Latvia, the Republic of Estonia, Georgia, the Republic of Armenia, the Republic of Poland, Switzerland, the Federal Republic of Germany, and the French Republic. The author suggests that there is a need for more in-depth research and improvement of the legal regulations regarding criminal liability for crimes against the foundations of national security in Ukraine. The article proposes resolving any inconsistencies between the title of Section I of the Special Part of the Criminal Code of Ukraine, which is “Crimes against the Fundamentals of National Security of Ukraine”, and the content of the relevant articles included in it. This section should address criminal liability for all activities that threaten Ukraine’s national security. Therefore, the author recommends to include provisions for criminal liability related to the protection of state secrets, safeguarding critical infrastructure, expanding the scope of information security, imposing penalties for actions that aim to harm the state by an authorized person representing Ukraine in dealings with the leadership of a foreign state or organization, and establishing criminal liability for individuals who publicly insult the Ukrainian people or Ukraine.