CHRONOLOGY OF THE EMERGENCE OF LEGAL STRUCTURES OF CRIMINAL OFFENSES THAT INVOLVE THE DISCLOSURE OF INFORMATION WITH LIMITED ACCESS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 36)Publication Date: 2021-02-28
Authors : Prokopchuk Timea;
Page : 55-60
Keywords : disclosure of information with limited access; genesis; historical development; treason; trade secret;
Abstract
Establishing the legal essence of crimes in connection with the impossible without a special study of their genesis. Any correct position that exists in the respective state is unexpectedly based on its disadvantage, if it is necessary to analyze the entire legal institution, it is necessary to trace its legal fate. An article devoted to the study of the issue appears in the domestic criminal law of the legal structures of criminal offenses — disclosure of information with limited access. The regularities in the development of criminal-legal regulation are outlined, the peculiarities of technical-legal character are determined. The study of criminal law protection of information with limited access in historical sources of law shows that the issue of creating an optimal model (design) of the relevant criminal law has not been resolved. Certain legislative approaches, reflected in the historical monuments of criminal law, can become guidelines for improving the existing criminal law. In particular, the author comes to the conclusion that the first full-fledged mention of a criminal offense — disclosure of information with limited access should be considered paragraph 6 of article 2 of Chapter Three «The rights by which the Little Russian people are suing». In the future, other legal structures of criminal offenses appear — disclosure of private, official and professional secrets, information about pre-trial investigation, secrets of adoption. Negatively characterized the tendency of the appearance in 1970–2000 of a number of similar legal structures of criminal offenses in terms of the characteristics of the act, namely, the disclosure of information about the medical examination for HIV, information about security measures in relation to the person taken under protection, the secrets of financial monitoring, information, which is stored in electronic computers (computers), automated systems, computer networks, insider information.
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