The article provides a legal analysis of the subject of a criminal offence under Article 333 of the Criminal Code of Ukraine. It systematises the views of scholars on the definition of the subject of a violation of the procedure for international transfers of goods subject to state export control, both general and special, justifying the expediency of an expanded interpretation of this concept. It identifies the range of potential subjects who are subject to criminal liability under Article 333 of the Criminal Code of Ukraine. The judicial practice confirming the expediency of taking into account the professional status of a person and the form of complicity in the qualification of a criminal offence is analysed. The purpose of the article is to conduct a legal analysis of the legal status of the subject of a violation of the procedure for international transfers of goods subject to state export control in order to improve the application of the law and the classification of such unlawful acts. As a result of the study, it was concluded that the subject of a criminal offence under Article 333 of the Criminal Code of Ukraine, can be either a natural person who does not have any permits for international transfers of controlled goods, or a person who has the relevant powers but violates the established rules, as well as an official of an authorised state body whose actions go beyond the scope of their powers or contradict the interests of the service. This approach is consistent with the principles of personal responsibility, individualisation of criminal punishment and consideration of the actual content of a socially dangerous act. In cases of unlawful acts committed in complicity or as part of organised criminal activity, the role of each participant should be determined taking into account the actual distribution of functions, the degree of participation and subjective awareness of the illegality of the actions. In the event of the involvement of officials of export control authorities in the crime, such actions may be additionally classified as crimes in the sphere of official activities. This approach will contribute to more accurate law enforcement, prevent evasion of responsibility and ensure the protection of national security interests.
Наталя Олександрівна Гольдберг (Sun,) studied this question.