Features of resposibility for disclosure of state secrets in Ukraine and foreign countries: comparative legal analysis
DOI:
https://doi.org/10.31548/law2021.01.021Abstract
The article provides a comparative legal analysis of the responsibility for the disclosure of state secrets in Ukraine and foreign countries.
It is taken into account that information that is a state secret is extremely important for society and the state. In addition, they need special and vigilant protection from law enforcement, government agencies and civil society and each individual.
It is emphasized that in modern conditions of global information network development the problems of solving access to information, as well as effective use of state information resources, which also includes information with limited access and the establishment of order to assign information from one category to another, become relevant. The legal institution of state secrets is developed in most countries of the world, where it occupies a special place and is under close attention of the state.
It was found that the legislation of the three studied states (USA, UK, Germany, first of all divides the information into three blocks, and according to the degree of confidentiality of information, measures and the degree of protection of information are determined.
It is concluded that a promising way to protect state secrets and distinguish it from classified information will be to adopt the experience of three separate blocks of information, namely: especially classified information, the disclosure of which provides the highest level of punishment, classified information, responsibility for which should also be expressed and enshrining in the Criminal Code of Ukraine and confidential information, for the disclosure of which to establish administrative liability,
Keywords: information, state secret, secret information, confidentiality, criminal liability
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