THE SUBJECT OF A CRIMINAL OFFENSE PROVIDED FOR IN ARTICLE 171 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The work discloses the main provisions on the object of a criminal misdemeanor, provided for in Article 171 of the Criminal Code of Ukraine, namely, the content of things of the material world, which belong to the objects of this offense, is defined and their list is provided. It is argued that the subject of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, may be: 1) materials collected, processed, prepared by the journalist; 2) technical means that he uses in connection with his professional activity; 3) other material values or a material object regarding which, through direct influence on which or in relation to which the legal professional activity of journalists is being hindered (for example, media property, illegal profit, etc.). It is proposed to support the proposal of E.V. Pylypenko regarding the expediency of using in the disposition of Art. 171 of the Criminal Code of Ukraine of the generalizing concept “prepared by a journalist” instead of the phrase “collected, processed, prepared by a journalist”, and also to take into account provisions of Art. 4.11.10. the project of the Criminal Code of Ukraine, which defines the grounds of criminal liability for obstructing legitimate professional activity of a journalist. It was established that the subjects of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, have not only criminal law (taken into account during the qualification of this delict, sentencing for its commission), but also interdisciplinary significance (for forensic, criminological, operative and investigative characteristics of a criminal offense, as well as characteristics of the subject of proof).