ILLEGAL ACQUISITION, SALE OR USE OF SPECIAL TECHNICAL MEANS FOR OBTAINING INFORMATION: PROBLEMS OF DETERMINING THE OBJECT OF A CRIMINAL OFFENSE

The article analyzes the approaches of scientists to determining the object of a criminal offense provided for in Article 359 of the Criminal Code of Ukraine. It has been established that in most cases the commission of a criminal offense provided for in Article 359 of the Criminal Code of Ukraine is directly related to the purpose of obtaining private or confidential information and almost always – to the illegal violation of privacy. It has been determined that in cases where the forms of implementation of the objective side of the criminal offense provided for in Article 359 of the Criminal Code of Ukraine are their acquisition and sale, the criminal offender encroaches on economic activities related to the development, manufacture, supply of special technical means for removing information from communication channels and other technical means of covertly obtaining information. It is proved that the incorrect interpretation of the concept of authority of power narrows its legal meaning, which creates additional factors for the erroneous determination of the object of a criminal offense related to the illegal circulation of special technical means of covertly obtaining information. A key aspect in determining the concept of authority of power is its perception through the prism of legitimacy. Accordingly, in such a case, acts related to the illegal development, acquisition and sale of special technical means of covertly obtaining information should be criminalized in a separate norm of criminal legislation, which should be provided for in Chapter VII of the Criminal Code of Ukraine (criminal offenses in the field of economic activity). It is concluded that, taking into account the fact that the forms of implementation of the objective side of a criminal offense are directly related to interference in private communication, it is appropriate to define the citizen’s right to privacy, personal and family secrets as the direct object of such a criminal offense. Accordingly, the generic object should be social relations that ensure the constitutional rights and freedoms of man and citizen.