Violation of the procedure for international transfers of goods subject to state export control (Article 333 of the Criminal Code of Ukraine) and high treason (Article 111 of the Criminal Code of Ukraine): problems of distinction

The article examines the issue of distinguishing between related elements of high treason and violation of the procedure for international transfers of goods subject to state export control, since the following are partially common features: a socially dangerous act (transfer of information constituting a state secret (Article 111) and violation of the procedure for international transfers of goods (Article 333)), subject matter (information constituting a state secret (Article 111) and goods subject to state export control (Article 333)), and form of guilt (direct intent). The distinguishing features are: a) the main direct object (internal national security of the state – Article 111; the order of public relations related to the provision of criminal law protection of the state (customs) border of Ukraine – Article 333); b) the subject of criminal offenses: information constituting a state secret (the subject of high treason in the form of espionage), goods subject to state export control (military; c) a socially dangerous act (transfer or collection with the purpose of transferring information constituting a state secret – Art. 111, violation of the procedure for international transfers of goods – Art. 333); d) the presence of an alternative action as part of espionage as a form of high treason – collection of information constituting a state secret; Art. 333 of the Criminal Code of Ukraine does not name such an action); e) by addressee (a foreign state, foreign organizations or their representatives – Art. 111; the addressee of receipt of goods subject to state export control is not provided for in Art. 333 of the Criminal Code of Ukraine is not provided); f) possible place of commission of the crime (actions of the accused with goods subject to state export control are aimed at moving them across the state border of Ukraine in the future; the state (customs) border of Ukraine is not mentioned as part of high treason in the form of espionage); g) subject (citizen of Ukraine – Art. 111, any person regardless of citizenship or any other special characteristics – Art. 333); g) the direction of the subject’s actions (aimed at harming the sovereignty, territorial integrity and inviolability, defense capability, state, economic or information security of Ukraine – Art. 111; such direction of actions is not provided for – Art. 333).