Obstruction the legal activities of security personnel: features of normative regulation

The article examines the specifics of obstruction of security personnel legal activities. The fact of insufficiency of scientific investigations regarding the legal nature of obstruction of security personnel legal activities has been established. The aim of investigation is to analyze the content of obstruction of security personnel legal activities and to determine the relevant types of criminal offenses against security activities. To achieve the aim of the article, a complex of scientific methods was used there, such as: the formal-dogmatic (legal-technical) was used when defining the terms «obstacle», «intervention» and «influence»; comparative legal was used within the limits of comparing the norms of the Criminal Code (CC) of Ukraine and the CCU draft. The application of the methods of analysis, synthesis, induction and deduction made it possible to build a logical structure of the scientific article and draw reasonable conclusions about the content of obstructing the legal activities of security personnel and determining the types of criminal offenses against security activities. The investigation analyzed the concepts of «obstruction», «interference» and «influence». It is expressed and substantiated the hypothesis that the terms «obstruction», «influence» and «interference» are used as signs of the objective side of a criminal offense should be considered identical. The concept of «obstructing the legal activity of security personnel» is defined as the creation of any obstacles or the establishment of restrictions in professional activity, with the aim of preventing the performance of official duties at the proper level or achieving its non-performance. It is substantiated that the following signs of obstruction of security personnel legal activity are: 1) action or inaction, which consists in preventing or complicating the performance of professional duties by security personnel; 2) the purpose of the action is directed against the legal activities of security personnel. It is concluded that the damage inflicted on security personnel consists of physical, material or moral and psychological consequences: physical consequences are manifested in harming the life and health of security personnel; material consequences are manifested in damages caused to the property of security personnel, subjects of security activity or natural and legal entities as customers of security services; moral and psychological consequences are manifested in damage to the mental health of security personnel.