“SPECIALTY” OF THE SUBJECT OF CRIMINAL OFFENSES AGAINST THE ENERGY SECURITY OF UKRAINE

Abstract

The scientific works of domestic and foreign authors are studied, as well as the provisions of the current legislation of Ukraine in terms of ensuring energy security. The role of the energy sector as an integral part of the national security of the state is established. Taking into account the trends in the existence and spread of modern risks, as well as the peculiarities of the activities of all spheres of the economy in the conditions of the introduction of the legal regime of martial law, the impact of threats in the energy system on the national security policy of Ukraine in general is emphasized. The presence of negative consequences of russian armed aggression not only within the borders of our state, but also at the European and global levels is substantiated. The existence of a crisis in the modern world market is emphasized, when energy sources have become the object of political manipulations in the international arena. A number of articles of the Special Part of the Criminal Code of Ukraine, which provide for criminal liability for socially dangerous acts against the energy security of Ukraine, have been analyzed. A number of problematic issues have been identified regarding the establishment of special features of the subjects of the outlined unlawful acts. The theoretical justifications of scientists regarding the need to consider the age from which it is possible to bring a person to criminal liability as a sign of recognizing such a subject of certain criminal offenses as special have been established. The process of qualifying socially dangerous encroachments on the objects of the energy system of Ukraine, depending on the citizenship of the perpetrator, has been considered. The peculiarities of bringing a person to criminal liability have been identified in cases where: the subject of the offense has dual citizenship; a foreigner receives Ukrainian citizenship; a citizen of Ukraine is deprived of citizenship. Based on the analysis of the current legislation of Ukraine, as well as the positions of domestic and foreign scholars of substantive criminal law, possible options for solving the identified problems have been formulated.