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1 2018

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The Subject Matter of Criminal Evidence Relating to the Disclosure of Information on Security Measures Applicable to Law Enforcement or Control Officials

100%

Zajcew O. , Yepikhin A.

tom 10(1)

261-270

The article analyses the characteristics of the subject of evidence (Article 73 of the Penal Code of the Russian Federation) of objective and subjective characteristics of crime, which are listed in Article 320 of the Penal Code of the Russian Federation. Considerable attention has been given to the establishment of criminal sanctions for the disclosure of information on security measures towards law enforcement or control officials as an important guarantee of the stability of the Russian management system and legal protection activities. The characteristics of the subject-matter of the evidence in criminal matters under investigation are expressed in the need to establish objective and subjective grounds for disclosing information on security measures in the course of criminal proceedings against law enforcement or control officials. The state protection measures themselves are defined by separate regulations and are applied in the process of criminal proceedings and in the presence of evidence. However, this complex and multifaceted security process could be seriously undermined by the‘leak’ of classified security information. In case of such illegal disclosure, the penalty is defined in Article 320 of the Penal Code of the Russian Federation. The authors draw attention to the existence of a direct or indirect relationship between the unauthorised activity and performing state service in legal protection bodies, as well as the need to prove the intention to commit this crime and the awareness of not disclosing secret information to unauthorized persons who do not have formal access to the above information. The authors conclude that the implementation of criminal evidence proceedings for the criminal case of the offence under Article 320 of the Penal Code of the Russian Federation needs to be improved at this stage in order to increase the effectiveness and security of the protection of judges, law enforcement and control officials in Russia.