A Criminal Of «Illegal Use Of Special Technical Means Of Taking Information» (Art. 359 Of The Criminal Code Of Ukraine)

Abstract

In the article the author considers the issues of the criminal of»Illegal use of special technical means of taking information»

To clarify the fact that the circle of persons is an offense under Art. 359 Criminal Code of Ukraine should be, first, to understand what content is the term «criminal» in modern criminal law Ukraine, and secondly, to reveal the difference between general and special offender. Part 1 of Art. 18 Criminal Code of Ukraine determines the offender physical sane person who committed the offense at an age which according to the Criminal Code of Ukraine may be criminal liability. According to ch. 2 of the same article, the special subject of the crime is the physical sane person committed at the age of which can be criminal liability, crime, the subject of which can only be a special person.

The main argument in favor of the subject of art. 359 Criminal Code of Ukraine is the general, consider the presence of the Law of Ukraine «On operative-investigative activities»: to all natural and legal persons, except specially mentioned departments of state bodies and their representatives engage operatively-search activity.