ACTUAL PROBLEMSOF QUALIFICATION OF CRIME BY THE ART. 109 OF THE CRIMINAL CODE OF UKRAINE

This article is devoted to the analysis of the relevant Criminal Code of Ukraine, namely Art. 109 on the subject of legal certainty of its individual formulations, resulting on numerous problems that face relevant state bodies during the qualification of acts under this the norm. This article provides the criminal liability for the acts, aimed at forcible change or overthrow of the constitutional order, or seizure of state power. Along with this, article focused on the issue of increasing of criminal liability, when these acts are committed with the use of the media. It was figured out the specific judicial practice and demonstrated that the problems that arose in practice were not due to poor efficiency of the relevant state bodies, but due to the presence in the formulation of the content of the Art. 109 of Criminal Code of Ukraine of a large number of assessments in terminology. By resolving these criminal law conflicts of terminology and concept within crimes against the foundations of national security under Art. 109, it seems to be appropriate the replacement of ambiguous concepts on clear and specific provisions and their official interpretation directly in the Criminal Code of Ukraine. Deserves attention also the fact that the foundations of national security are particularly important object of protection by criminal law, as noted in Art. 17 of the Соnstitution of Ukraine, the protection of these foundations is the most important function of the state and the deal of the entire Ukrainian people. Therefore, we believe that the rules that ensure the protection of these goods must be clear and act on performance of tasks on protection of national security and other tasks of the Criminal code of Ukraine specified in its Art. 1.