Stopping criminal offenses at critical infrastructure facilities by the security service of Ukraine as a component of the counteraction system: theoretical and legal aspects

The article is devoted to the study of the theoretical and legal principles of stopping criminal offenses at critical infrastructure facilities of Ukraine as one of the components of counteraction by the Security Service of Ukraine to criminal offenses. The peculiarities of the legal nature of stopping are determined, its place in the system of counteraction to threats to state security is characterized, the stages of implementation of criminal intent and the forms of response of the special service are characterized. The need for legislative consolidation of the concept of «stopping criminal offenses» in the context of the activities of the SBU is substantiated. It is stated that the specified activity in the conditions of increasing threats from criminal encroachments on critical infrastructure facilities is of great importance for ensuring national security, economy, public order and realization of national interests of Ukraine in many areas. The main theoretical approaches to understanding stopping criminal offenses in the context of protecting OKI are analyzed. In particular, the operational-preventive approach treats termination as an active form of counteraction to crime, which consists in identifying persons who are preparing or committing crimes and preventing the implementation of criminal intent. The national security approach considers termination as a complex of operational-search, counterintelligence, criminal-procedural, anti-terrorist and other measures aimed at preventing threats to critical infrastructure. The procedural-legal approach defines termination as a stage of operational-search or criminal-procedural activity aimed at fixing criminal acts and ensuring the inevitability of punishment. The formal-legal approach focuses on termination as a final procedural action carried out in compliance with the requirements of the Constitution of Ukraine. The functional (systemic) approach considers termination as a component of the elements of a risk-oriented security system, which includes analytics, counteraction, minimization of consequences and recovery. The position is substantiated that the cessation of criminal offenses at critical infrastructure facilities is a multifaceted concept that encompasses a complex of legal, organizational, operational-search, technical and other measures aimed at interrupting criminal activity and preventing the occurrence of socially dangerous consequences. Given the specifics of the SBU’s counteraction to criminal offenses at critical infrastructure facilities, the traditional understanding of the cessation of crimes requires significant additions and expansion. The analysis of the regulatory and legal regulation of the SBU’s activities is carried out at several levels, including constitutional norms, laws of Ukraine, subordinate regulatory and legal acts, as well as international treaties. Of particular importance are the provisions of the Constitution of Ukraine, the laws of Ukraine «On National Security of Ukraine», «On Critical Infrastructure», «On the Security Service of Ukraine», the Criminal and Criminal Procedure Codes of Ukraine, as well as special laws «On Combating Terrorism», «On the Basic Principles of Ensuring Cybersecurity of Ukraine» and others. It was found that the organizational and legal mechanisms for stopping criminal offenses are implemented through a system of interconnected elements, including the subjects of stopping, the legal grounds for their activities, the forms and methods of responding to threats, as well as the system of interaction between various state authorities and business entities. The SBU performs a number of specific functions, in particular counterintelligence protection against OKI threats, coordination of the counterterrorism system and counteraction to cyber threats. The need for an integrated approach to stopping criminal offenses at OKI is substantiated, which involves the use of the entire range of legal and organizational tools available to the SBU, taking into account the specifics of a particular threat and the characteristics of the object in need of protection. Of particular importance in the context of stopping criminal offenses is the system of interaction between various security entities, including international cooperation with competent authorities of foreign states and international organizations.