REGARDING THE PROBLEMS OF THE AMENDMENT TO ARTICLE 43-1 OF THE CRIMINAL CODE OF UKRAINE (PERFORMANCE OF THE DUTY TO PROTECT THE MOTHERLAND, INDEPENDENCE AND TERRITORIAL INTEGRITY OF UKRAINE). DEFENSE IS NECESSARY

Abstract

Today, Ukraine defends its national security and integrity from aggression by the Russian Federation, daily continues to be the target of various attacks (artillery, cyber attacks, propaganda, etc.) aimed at state institutions of critical infrastructure, educational institutions, private businesses, Ukrainian citizens and their homes. Damage to the national security of Ukraine directly violates the rights and freedoms of a person and a citizen. Therefore, every person has the right to independent protection of all components of national security, namely the constitutional system, sovereignty, territorial integrity and inviolability, defense capability, which are immanently necessary and imperative to ensure the rights and freedoms of citizens of Ukraine. The destruction of national security inevitably leads to the destruction of the system of protection of all rights and freedoms of the citizen. Therefore, it is quite logical to highlight the right to protect the Motherland, independence and territorial integrity of Ukraine in the necessary defense. Moreover, the provision of the Constitution of Ukraine given as an epigraph is a confirmation of such a conclusion. Protecting the sovereignty and territorial integrity of Ukraine, ensuring its economic and informational security are the most important functions of the state, the business of the entire Ukrainian people. Analyzing the novel of Art. 43-1 of the Criminal Code of Ukraine and the necessary defense (Article 36 of the Criminal Code of Ukraine) have both common features and distinctive features. Changes to the wording of the new article were proposed, as well as the question of the inappropriateness of singling out one, even a direct aggressor, among almost two hundred countries. It is necessary to act on the perspective and exclude the mention of the Russian Federation from this short story. The term «aggression of another country» is quite sufficient.