Objective side of transfer or collection of data constituting official information collected in the course of operational search, counterintelligence activities in the field of defense of the country (Article 330 of the Criminal Code of Ukraine)

The article is devoted to the study of the objective aspect of transferring or collecting data constituting proprietary information collected in the course of operational and investigative, counterintelligence activities in the field of defense of the country. It is established that the objective side of this criminal offense is expressed in two forms: 1) transfer of data constituting proprietary information collected in the course of operational and investigative, counterintelligence activities in the field of defense of the country to foreign enterprises, institutions, organizations or their representatives; 2) collection of such data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives. The transfer takes place when a person possesses them and communicates (transmits, delivers) them to foreign enterprises, institutions, organizations or their representatives. The methods of transmission may be different (oral, written, direct familiarization with any materials, transmission via the Internet, by telephone, using caches, couriers, etc.) It also does not matter whether the transferred sources are copies or only information about them. The collection of data constituting official information collected in the course of operational, investigative, counterintelligence activities in the field of national defense should be understood as active actions to search for, concentrate (summarize, generalize) and record (image, photograph, copy, memorize) information. The peculiarity of the transfer and collection of information constituting proprietary information collected in the course of operational and investigative, counterintelligence, and defense activities is that it becomes the property of only foreign enterprises, institutions, organizations, or their representatives, and not of any interested person. Part 1 of Art. 330 of the Criminal Code of Ukraine does not provide for the occurrence of socially dangerous consequences, and, therefore, is not a mandatory feature of the objective side of this criminal offense. The criminal offense under Article 330 of the CC of Ukraine is considered completed either from the moment of transmission or from the moment of collection of information for the purpose of its transmission. The content of the objective side of this criminal offense includes its optional features - method, means, place, time and setting of the commission. These features are a set of specific conditions under which a criminal offense is committed, the objective side develops and a criminal offense result occurs.