Система кримінальних правопорушень, що пов’язані з перетинанням державного кордону України незаконним способом та/або зі злочинною метою

The article highlights an attempt to define the system of criminal offenses related to crossing the State border of Ukraine in an illegal manner and/or for a criminal purpose. It is proved that criminal offenses under Articles 332, 332-1, 332-2, 333, 334 of Section XIV of the Special Part of the Criminal Code of Ukraine encroach not only on the inviolability of the state borders of Ukraine, but also on border security, which is a component of Ukraine’s national security. The author establishes the difference between crossing the State border of Ukraine, transportation of goods across the State border of Ukraine and transportation of persons across the State border of Ukraine. Based on this comparison, it is determined that crossing the State border of Ukraine in an illegal manner and/or for a criminal purpose is characterized by the physical movement of a person across the State border of Ukraine without the purpose of moving a certain product or other object. In addition, unlike illegal transportation of persons across the state border of Ukraine, crossing this border in an illegal manner and/or for a criminal purpose is characterized by the direct physical movement of a person across the state border of Ukraine, which in itself is criminalized if carried out in an illegal manner and/or for a criminal purpose, while illegal transportation across the state border of Ukraine is characterized by such a property as indirectness, which is of paramount importance for criminal law enforcement of border security. The system of criminal offenses related to crossing the state border of Ukraine illegally and/or for criminal purposes should include terrorist financing in the form of providing, collecting or storing any assets directly or indirectly with the intent to use them or with the knowledge that they will be used in whole or in part for any purpose by an individual terrorist or terrorist group (organization) to cross the state border of Ukraine for terrorist purposes (Art. 258-5), crossing the state border of Ukraine for terrorist purposes (to carry out activities that are considered terrorist according to the law) (Art. 258-6), illegal crossing of the state border of Ukraine (Art. 332-2), violation of international flight rules (Art. 334) of the Criminal Code of Ukraine.