Criminal legal assessment of Article 283 of the Criminal Code of the Russian Federation.

Article 283. Disclosure of state secrets

1. DISCLOSURE OF INFORMATION CONTAINING A STATE SECRET BY A PERSON TO WHOM IT WAS TRUSTED OR BECAME KNOWN FROM SERVICE OR WORK, IF THIS INFORMATION BECAME THE PROPERTY OF OTHER PERSONS, IN THE ABSENCE OF SIGNS OF TREASON -

2. The same act, which entailed grave consequences through negligence, -

Commentary on Article 283

1. DIRECT OBJECT OF THIS CRIME - public relations arising in connection with the assignment of information to state secret, their classification, declassification and protection in the interests of ensuring the security of the Russian Federation, regulated by the Law of the Russian Federation “On State Secrets”.

2. SUBJECT crimes are information constituting a state secret (see commentary to Article 275 of the Criminal Code).

3. OBJECTIVE SIDE is described in the law as the disclosure of information constituting a state secret if this information has become available to other persons. Disclosure is the making public of information constituting a state secret, regardless of the method (private conversation, public speaking, provision of documents, diagrams, maps, plans, product samples, operating models, etc. to unauthorized persons for review.

4. The crime is considered completed from the moment when the disclosed information becomes available to persons who do not have access to it..

5. Disclosure of information constituting a state secret is qualified under Art. 283 of the Criminal Code, provided that the act does not contain signs of high treason described in Art. 275 of the Criminal Code, in the form of issuing state secrets.

6. ON YOUR SUBJECTIVE SIDE disclosure of state secrets can be committed not only intentionally, but also through negligence (for example, the use of information constituting a state secret in a conversation that the offender is having with a colleague in the presence of persons who do not have access to such information, who could hear the conversation).

7. Intentional commission crimes can have different MOTIVES: the desire to show one’s awareness, to demonstrate one’s importance in socially, show intelligence, etc., which does not affect the qualification of the act.

8. SUBJECT crimes special. It can only be a person to whom state secrets were entrusted or became known through service or work.

A person to whom state secrets are entrusted should be considered one who, by virtue of his position, has this information and uses it in the interests of the state in carrying out professional responsibilities. A person to whom this information became known through service or work may be considered an employee who was not provided with state secrets for use, but who became familiar with it while performing his duties. labor responsibilities(typist, copyist, cryptographer, mechanic assembling a working model of a secret device, etc.).

9. QUALIFIED STAFF(Part 2 of Article 283 of the Criminal Code) involves causing by negligence grave consequences. These include, for example, the receipt of information constituting a state secret to foreign intelligence, the disruption of important negotiations and agreements of the Russian Federation, damage to the foreign policy or defense interests of Russia, etc. A subjective attitude towards the onset of grave consequences can only be expressed in a careless form of guilt.

CRIMINAL LEGAL CHARACTERISTICS OF RECEIVING, GIVING AND INTERMEDIATION IN BRIBERY (ART. 290, 291, 291.1 of the Criminal Code of the Russian Federation).

Article 290. Receiving a bribe

Receipt by an official, a foreign official or an official of a public international organization personally or through an intermediary of a bribe in the form of money, valuable papers, other property or in the form illegal provision services for him property nature, providing other property rights for committing actions (inaction) in favor of the bribe-giver or persons represented by him, if such actions (inaction) are included in official powers official or if it is by virtue official position may contribute to such actions (inaction), as well as for general patronage or connivance in the service -

2. Receiving a bribe in a significant amount by an official, a foreign official or an official of a public international organization -

shall be punished by a fine in the amount of thirty to sixty times the amount of the bribe with deprivation of the right to borrow certain positions or study certain activities for a term of up to three years or imprisonment for a term of up to six years with a fine of thirty times the amount of the bribe.

3. Reception by an official, a foreign official or an official of a public international organization of a bribe for illegal actions(inaction) -

4. Acts, provided for in parts first - third of this article, committed by a person holding public office Russian Federation or a public position of a subject of the Russian Federation, as well as the head of an agency local government, -

5. Acts provided for in parts one, three, four of this article, if they are committed:

a) a group of people prior agreement or organized group;

b) with extortion of a bribe;

c) on a large scale, -

6. Acts provided for in parts one, three, four and paragraphs “a” and “b” of part five of this article, committed on an especially large scale, -

Notes 1. Significant amount of bribe in this article, Articles 291 and 291.1 of this Code recognize the amount of money, the value of securities, other property, property services, other property rights exceeding twenty-five thousand rubles, large size bribes - exceeding one hundred and fifty thousand rubles, especially large bribes - exceeding one million rubles.

2. In this article, articles 291 and 291.1 of this Code, a foreign official means any appointed or elected person holding any position in the legislative, executive, administrative or judicial authority foreign country, and any person performing any public function for a foreign state, including for a public agency or public enterprise; An official of a public international organization means an international civil servant or any person who is authorized by such an organization to act on its behalf.

COMMENTARY TO ARTICLE 290

1. A MANDATORY SIGN OF RECEIVING A BRIBE IS THE SUBJECT OF THE CRIME- a bribe, which can be expressed in money, securities, other property or benefits of a property nature.

Money as the subject of a bribe can be Russian rubles and foreign currency. The concept of a security is given in Art. 142 Civil Code. The wording of the law “other property” covers all other cases that do not fall under the receipt of money or securities (all things, as well as property rights).

The subject of the crime is also property benefits, i.e. legal services of a property nature provided free of charge, but subject to payment (providing tourist vouchers, apartment renovation, etc.), illegal services paid for by a third party (for example, in the field of sexual relations), as well as any other unequally compensated action that has property nature(undervaluation transferred property, decrease rental payments, interest rates for using loans). For example, in one of the cases, payment by the bribe-giver of the cost of repairing a car belonging to the bribe-taker was recognized as a bribe (BVS RF. 1997. N 12. P. 10).

A bribe always has a property nature. If executive receives some non-property benefit (for example, a positive review in the press), this does not constitute receiving a bribe.

2. FROM THE OBJECTIVE SIDE the crime is expressed in one of the following actions: a) acceptance of a bribe by the official himself; b) acceptance of a bribe by his family and friends with his consent or if he did not object to this (clause 9 of the Plenum Resolution Supreme Court RF dated February 10, 2000 “On judicial practice in cases of bribery and commercial bribery"); V) actual acceptance bribes by an intermediary of an official with its subsequent transfer to the persons specified in paragraphs. "a" or "b".

3. A bribe is received for a reason, but for a specific and specific action (inaction) in the service or for a general favor in favor of the bribe-giver or the persons he represents.

In the basic structure of receiving a bribe, such behavior of the perpetrator can be expressed as follows::

1) committing actions (inaction) that are within the official powers of an official, i.e. are directly provided for by its competence and formally - in isolation from the fact of receiving a bribe for them - are legal;

2) facilitating, by virtue of one’s official position, the commission of actions (inactions) that are not part of the official powers of the perpetrator, but are part of the powers of another official. IN in this case guilty, using his official position in the broad sense of the word, i.e. official connections, authority and significance of the position held, subordination to other officials, ensures that the actions (inaction) desired by the bribe giver are performed by a third party. Currently, judicial practice, based on the literal interpretation of the law, proceeds from the fact that such a third party is also an official (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000). Previously, in judicial practice, there were cases when officials, for a bribe, facilitated the commission of actions using the position held by a person performing managerial functions, official position(BVS RF. 1996. N 7. P. 12).

The use of personal relationships, if they are not related to the position held, cannot be considered as the use of official position;

3) general patronage - actions related to undeserved encouragement, extraordinary unjustified promotion, or other actions;

4) connivance in service - failure by an official to respond to omissions or violations in official activities the bribe-giver or persons represented by him, subordinate in service to the bribe-taker (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2000).

4. The Plenum of the Supreme Court of the Russian Federation proceeds from the need for a relationship of subordination between the briber and the official with general patronage and connivance. However, it literally follows from the law that according to service, i.e. in relations between the boss and subordinates, only connivance is carried out. General patronage, as a form of official behavior, can take place not only in the sphere of control over the work of subordinates. It is also provided to other persons who are not under the official subordination of the perpetrator, in respect of whom he is entitled administrative powers(for example, the head of the district administration provides general patronage individual entrepreneurs). That's why restrictive interpretation The Plenum of the Supreme Court should recognize the nature of generally favored actions as not based on the law. In judicial practice, there are cases in which general patronage was reasonably stated outside the scope of official subordination (BVS RF. 1999. N 7. P. 9).

5. The actions (inaction) of an official for which a bribe is received are outside the scope of the crime in question. This means that in order to recognize a crime as completed, the actual commission of the crime is not required. Nevertheless mandatory feature elements of receiving a bribe is the connection between them and the fact of receiving a bribe. This connection is expressed in the fact that the bribe is conditioned by the commission of one of the above actions (inaction). The conditionality of a bribe means that it is given under the condition that the official will perform actions (inaction) in the service precisely under the influence of the fact of receiving a bribe, and vice versa - that the condition for taking actions (inaction) is the transfer of a bribe or an agreement on it. Thus, a bribe is always bribery of an official. Even when a bribe is received after the commission of actions or inactions specified in the law (the so-called bribe-reward), it must be conditional, i.e. the commission of actions (inaction) must be preceded by an agreement on a bribe.

6. If an official, not counting on a bribe, commits an action (inaction) in the service, and only then receives from someone for this a reward (gratitude) that was not promised in advance, there is no element of receiving a bribe - the official will be liable for disciplinary the offense or the reward received by him does not go beyond the scope of a lawful donation. Therefore, provided for in Art. 575 of the Civil Code the permissible amount of a gift to public servants, persons replacing government positions, municipal positions, employees of the Bank of Russia - 3 thousand rubles. - is the boundary between lawful behavior And disciplinary offense, but not by receiving a bribe, minimum size which is not established by law at all.

7. In Art. Art. 290, 291 of the Criminal Code states that a bribe can be received and given through an intermediary. An intermediary in bribery is a person who directly receives or transfers certain values, thereby replacing the bribe-taker or bribe-giver. The intermediary differs from these persons in that it does not act in its own interests or on its own initiative. The Plenum of the Supreme Court of the Russian Federation in the Resolution “On judicial practice in cases of bribery and commercial bribery” indicated that criminal liability intermediary in bribery, depending on the specific circumstances of the case and his role in giving or receiving a bribe, occurs only in cases provided for in Art. 33 of the Criminal Code. Thus, in the absence of an independent rule on liability for mediation in bribery, the actions of an intermediary in receiving (as well as in giving) a bribe are qualified as complicity (most often aiding) in the commission of, respectively, receiving or giving a bribe.

8. If a person (the so-called “imaginary intermediary”) receives money or other valuables from someone, allegedly to transfer them to an official as a bribe, and, without intending to do so, appropriates them, what he has done should be qualified as fraud. The actions of the owner of valuables in such cases are subject to qualification as an attempt to give a bribe.

Related information.

Disclosure of information constituting a state secret by a subject to whom it was entrusted or became known in connection with his service, study, work or other circumstances established in regulations shall entail. It applies if specified information became the property of third parties. At the same time, the act must contain no signs of crimes defined in Art. 275, 276

Punishment for disclosing state secrets

Art. 283 of the Criminal Code of the Russian Federation for this crime establishes:

1. Arrest for 4-6 months.
2. Imprisonment up to 4 years.

In addition to imprisonment, a ban on carrying out activities or holding positions determined by the court for up to 3 years may be imposed.

Qualifying composition

Liability for disclosing state secrets may be tightened if the act negligently caused severe consequences. In this case, the perpetrator faces imprisonment for 3-7 years. In addition, the court has the right to impose a ban on holding certain positions or engaging in specific activities for 3 years.

Forms of the act

Disclosure of state secrets may be carried out different ways. the following forms:

Disclosure of state secrets can be carried out in the event of loss of documents containing secret data, as well as in violation of the method of their use.

A comment

Disclosure of state secrets is public dangerous act. The threat lies in the fact that secret information leaves the possession and can subsequently be used to attack internal and external security, as well as other vital interests of the country. The object is, accordingly, the safety of such data. The subject of the crime is information constituting a state secret.

Objective part

From this side, the crime is expressed in the direct disclosure of information considered a state secret. It should be understood as such illegal publication of information in which it became the property of outsiders. They are considered to be persons who, due to their duties or the nature of their work, do not have access to such data.

Specifics of the crime

Objectively, the Criminal Code of the Russian Federation regards disclosure as different actions, as a result of which secret information becomes available to outsiders. This can happen when:

• Public speaking.
• Private, confidential conversation.
• Correspondence.
• Demonstrations of products, drawings, diagrams.
• Showing documentation.
• Loss of unaccounted for notebooks and notebooks with extracts from secret papers, and so on.

At the same time, disclosure of state secrets can also be carried out through inaction. We are talking, in particular, about the uncontrolled leaving of tables, documentation, products, and diagrams at the workplace by the perpetrators in conditions where outsiders can have unhindered access to them. If, for reasons that do not depend on the will of the perpetrator, the deliberate disclosure of state secrets was not perceived by outsiders, the Criminal Code qualifies it as an attempted crime. This situation occurs, for example, due to the other subject’s ignorance of the national language, severe intoxication, deafness, and so on. The act is considered completed from the moment of perception by an outsider disclosed information. In this case, it is enough for the subject to understand the general meaning of the information without detailed perception.

Normative base

The procedure in accordance with which the safety of information that relates to state secrets is ensured is regulated by Federal Law No. 5485-1, the rules for classifying data as to different degrees secrecy, as well as a list of information considered protected by law. In addition, there is a system of by-laws in the form of regulations, instructions, memos, etc. In this regard, during the investigation of the facts, it is necessary to accurately establish the nature of the information made public. In addition, the specific requirement that was not followed should be identified. The degree of secrecy of data is established by comparing it with regulations operating in the country. If necessary, an examination can be carried out.

Subjective part

This aspect of the crime presupposes the presence of intent and reckless guilt. There are several opinions on this matter in legal publications. In particular, some authors believe that the disclosure of information recognized as a state secret can only be carried out in cases of intentional guilt. According to experts, this opinion is due to the semantic and editorial inaccuracy of understanding Art. 24, part 2 of the code. This point requires legislative correction or clarification by the Supreme Court.

Intent

If it is direct, the subject, understanding the social danger of behavior associated with the disclosure of state secrets, assumes that the information will be perceived by outsiders, and wants this. For example, this form of guilt is present if the crime was committed during a confidential conversation with a relative or other close people. If the subject acts with indirect intent, then he understands the threatening nature of his behavior for society and foresees that information that constitutes a state secret may become the property of other, strangers. At the same time, the culprit admits that secret data will be perceived by them, since he treats this fact with indifference. Thus, the conversation of colleagues on a closed topic is assessed in public transport with a volume that allows for the possibility that information will be heard by strangers, loud reading of documents or discussion of secret issues in rooms with insufficient sound insulation, leaving graphs, diagrams, tables, etc. in an office where other people can enter.

Carelessness

Disclosure of state secrets may occur due to frivolity. Typically this is expressed in in writing when copies are made of documentation containing secret information, data is copied into unaccounted for notebooks, notebooks, separate sheets, which may subsequently be lost. In this case, both intentional and careless disclosure can lead to quite serious consequences.

Motives

As practice shows, citizens are willing to divulge state secrets for the sake of bragging. The purpose of the act is the desire to show outsiders one’s competence and awareness, to emphasize the importance of one’s participation in the decision process practical issues. Motives may also be based on other incentives. For example, a subject who divulges state secrets seeks to help a friend who is doing scientific work or preparing to give a lecture.

Part two

It defines the qualifying elements of the act. They admit the same crime as specified in Art. 1. 283, but entailed grave consequences due to negligence. They recognize:

• Transfer of information to foreign intelligence services.
• Disruption of significant events.
• Suspension of promising scientific and technical research, and so on.

In this case, the fault can only be careless. This is indicated in the norm under consideration itself.

Difference from treason

Publication classified information committed exclusively with indirect or direct intent. IN the latter case The question reasonably arises: how does disclosure differ from espionage? First of all, it is necessary to note the specificity of the content of intent and the nature of the act itself. When committing treason, the subject understands that he is transferring secret data to a representative foreign country. At the same time, he consciously wants to do this with the aim of carrying out hostile activities to harm Russia. When disclosing classified information, the culprit understands that he is providing it to outsiders, not representatives of another country.

New edition of Art. 283 of the Criminal Code of the Russian Federation

1. Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service, work, study or in other cases, provided for by law of the Russian Federation, if this information has become available to other persons, in the absence of signs of crime, provided for in articles 275 and 276 of this Code, -

shall be punishable by arrest for a term of four to six months or imprisonment for a term of up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

2. The same act, which entailed grave consequences through negligence, -

shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 283 of the Criminal Code of the Russian Federation

1. Object criminal offense are public relations arising in connection with the classification of information as state secrets, their classification or declassification and protection in the interests of ensuring the security of the Russian Federation (see the Law of the Russian Federation “On State Secrets”).

2. The subject of the encroachment is a state secret (see commentary to Article 275).

3. The objective side is expressed in the disclosure of information constituting a state secret. Disclosure is the making public of information constituting a state secret, as a result of which this information becomes known to outsiders. The transfer of objects or materials constituting a state secret to unauthorized persons is equivalent to disclosure.

Forms of disclosure can be different: oral (private conversation, public speech), written (publication in print media, indication in the letter), by demonstrating certain items, products, materials, diagrams and drawings, violation of the procedure for distributing and storing such information (loss of unaccounted for notebooks, extracts).

4. Outsiders are understood as persons who do not have access to the specified information, to whom this information should not be known through their service or work. The fact that a person has access to other information constituting a state secret, or his possession of such information by virtue of his work or service, does not exclude recognition of this person to outsiders.

5. Disclosure can be made in the following way: active actions(demonstration of a product or public speaking), and inaction in the case when a person does not accept necessary measures to the protection of state secrets, as a result of which outsiders become familiar with them (leaving documents in places where outsiders can become familiar with them).

6. The crime provided for in Part 1 comment. article, ended (by composition) at the moment when the disclosed information became the property of outsiders who perceived and realized its general meaning. A complete understanding of the information received is not required.

For the disclosure of state secrets, it is possible to differentiate stages criminal activity preparation for disclosure (production of an unrecorded extract from a secret document, unauthorized making of a photocopy) and attempt (if, for reasons beyond the will of the perpetrator, the disclosed information is not accepted by unauthorized persons).

7. Disclosure of information constituting a state secret may be committed intentionally.

7.1. When committing this crime with direct intent, the perpetrator is aware of the social danger of his actions, foresees that as a result, information constituting a state secret will become the property of unauthorized persons, and desires this (for example, publication in the press).

7.2. When disclosing a state secret with indirect intent, the culprit is aware of the social danger of his actions to make the state secret public, foresee that as a result of his actions, the specified information may become known to unauthorized persons, and consciously allows the fact that unauthorized persons become familiar with the state secret (for example, during a conversation happening in public place).

8. The motivation for disclosing state secrets is the desire to give importance to one’s own person, help in writing scientific work and so on. The motive, like the goal, does not affect qualifications.

9. The crime provided for in Part 1 comment. articles, belongs to the category moderate severity.

10. Part 2 comments. Article provides for increased liability for the disclosure of information constituting state secrets if the act entailed grave consequences.

10.1. Severe consequences are an evaluative category. They can be understood as the relocation of the object that occurred as a result of disclosure, the collapse scientific and technical developments, awareness of information constituting state secrets of foreign states, organizations or their representatives.

11. The crime provided for in Part 2 of the comment. article, belongs to the grave category.

12. Disclosure of state secrets should be distinguished from committing high treason. When disclosing, the perpetrator has no desire to cause damage external security countries by transferring information foreign country, organizations or their representatives. In addition, the concept of the recipient of the issuance of state secrets in the sense of the commented article is broader than as part of high treason. Information constituting a state secret may be disclosed to any outsider.

13. Special subject. They can be any person to whom state secrets have been entrusted by virtue of job responsibilities or became known through service or work (a worker involved in the manufacture of a special product, an employee responsible for the reproduction of documents).

If information constituting a state secret is disclosed by a person to whom it was not entrusted or became known not due to the fulfillment of official duties or work, there is no corpus delicti.

Another comment on Art. 283 of the Criminal Code of the Russian Federation

1. The objective side of the crime is characterized by actions or, in in rare cases, inaction - disclosure of information constituting a state secret, i.e. unlawful publication of them. Disclosure can take place in a private conversation, public speech, correspondence, it can be expressed in the demonstration of secret drawings, etc. In such cases, disclosure is inseparable from public dangerous consequences this crime is the perception of secret information by other persons (“if it has become the property of other persons”). In case of committing of this crime through inaction, such as uncontrolled leaving of documents on the desktop, specified consequences separated from the action in time.

2. C subjective side a crime is characterized by direct or indirect intent, as well as both types of negligence.

3. Special subject - a person to whom: a) a state secret was entrusted or b) became known through service or work. In the first case we're talking about about persons who have received access to the relevant information in accordance with the established procedure. In the second - about persons who became familiar with them due to their professional activity without obtaining admission, for example due to the negligence of third parties (a lawyer admitted in violation established order to participate in a criminal case).

4. The commented article applies if the act does not contain signs of high treason (disclosure of state secrets). The main difference between these crimes is the direction of intent - in the case under consideration, intent does not cover the direction own actions to the detriment of state security.

• Up

[Criminal Code of the Russian Federation] [Chapter 29] [Article 283]

1. Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service, work, study or in other cases provided for by the legislation of the Russian Federation, if this information has become available to other persons, in the absence of signs of crimes provided for in Articles 275 and 276 of this Code, -

shall be punishable by arrest for a term of four to six months or imprisonment for a term of up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

2. The same act, which entailed grave consequences through negligence, -

shall be punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

3 comments on the entry “Article 283 of the Criminal Code of the Russian Federation. Disclosure of state secrets”

Article 283. Disclosure of state secrets

Commentary on Article 283

1. The object of the crime is relations related to the proper preservation of state secrets for the purpose of ensuring security sovereign state. On the concept of state secrets, see the commentary to Art. 275.
The subject of the crime is information constituting a state secret (see Article 5 of the Law of the Russian Federation of July 21, 1993 N 5485-1 “On State Secrets”). The list of this information is determined by Decree of the President of the Russian Federation of November 30, 1995 N 1203 (as amended on September 21, 2011). In accordance with Decree of the President of the Russian Federation dated October 6, 2004 N 1286 “Issues interdepartmental commission for the protection of state secrets" (as amended on April 2, 2012) The Government of the Russian Federation personally appoints persons to this commission.
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NW RF. 1997. N 41. Art. 4673; 2002. N 52 (part 2). Art. 5288; 2003. N 46 (part 2). Art. 4449; 2010. N 47. Art. 6033.
NW RF. 2004. N 41. Art. 4024; 2008. N 50. Art. 5899; 2009. N 9. Art. 1087. 2012. N 8. Art. 988; N 15. Art. 1732.

Disclosure of information constituting a state secret should be understood as the illegal publication of this information, as a result of which it became the property of other persons.
An outsider is a person who either does not have access or access to state secrets, or who has access or access, but not to the information that was disclosed by the perpetrator.
The scope of disclosure ends from the moment when information constituting a state secret becomes known to an outsider.
When convicting a person under the commented article, it is necessary to establish and indicate which of the disclosed information constitutes a state secret and how they were disclosed (Determination of the Armed Forces of the Russian Federation N 31-001-65).
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Arbitrage practice on criminal cases / Ed. V.M. Lebedeva. M., 2004. S. 74 - 75.

3. Responsibility for disclosure lies with a special subject: only a person who has reached 16 years of age, to whom the secret was entrusted or became known through service, work, study or in other cases.
Persons to whom the secret is entrusted should be considered persons who have clearance and access to state secrets.
Admission presupposes a specially formalized right of a citizen to access information constituting a state secret.
Access means familiarization of a specific citizen with information constituting a state secret, authorized by an authorized official.
The subjects of the crime also include persons to whom the secret was not specifically entrusted, but became known due to the nature of their activity, due to the specifics of the service or work (security guards, couriers, drivers, service staff closed institutions).
4. The crime provided for in Part 1 of the commented article is committed with any form of guilt. The attitude towards the grave consequences specified in Part 2 of this article can only be careless.
When a crime is committed with direct intent, it must be distinguished from treason in the form of betraying state secrets and espionage. The difference is made by the content of intent and its focus on different objects.
When committing treason and espionage, the subject realizes that he is transmitting information to a foreign state, foreign organization or their representatives, and wishes to transfer state secrets to these recipients for the purpose of carrying out hostile activities to the detriment of the external security of the Russian Federation.
When disclosing a secret, the perpetrator realizes that he is transmitting information to an outsider (not a foreign state, organization or their representatives). If the guilty person conveys the secret to the actually indicated addressees, but is not subjectively aware and cannot be aware of the nature of the addressee, then he will also be held responsible for disclosing the secret, and not for high treason.
For example, given that S., knowing guidance documents regulating the protection of state secrets, understood that S-ov and Sh., who did not have the appropriate clearance to work with secret documents, were not supposed to get acquainted with the “Personal Work Plan of the Commander”, which is classified as “secret”, but contrary to the law, he allowed the fact that it was perceived by outsiders, being indifferent to the consequences of his actions, the court came to the correct conclusion that there was indirect intent in S.’s actions disclosure of information constituting state secrets by a person to whom they were entrusted in the service, without signs of treason.
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Determination of the Military Collegium of the Armed Forces of the Russian Federation dated 04/06/2004 N 3-011/04.

5. Part 2 of the commented article establishes liability for the disclosure of state secrets, which through negligence entailed grave consequences. The severity of the consequences is determined by the investigative authorities and the court, depending on the circumstances of the crime (the importance of the disclosed information, the addressee to whom it reached, the use of this information by the addressee, damage from disclosure, etc.).
Intent for the consequences that occurred presupposes the qualification of the act according to the totality of crimes.
6. The act provided for in Part 1 of the commented article is a crime of moderate gravity, and Part 2 is a serious crime.

Article 283. Disclosure of state secrets

Commentary on Article 283

1. Public danger disclosure is that information containing state secrets leaves the possession and can be used to encroach on external and internal security and others vital important interests Russia.
The object of the crime is the preservation of state secrets.
The subject of the crime is information constituting a state secret (see commentary to Article 275).
2. C objective side the crime is expressed in the disclosure of information constituting a state secret.
Disclosure refers to the unlawful making public of information constituting a state secret, in which it became the property of unauthorized persons. An outsider is any person who, due to the nature of the work performed or official duties, does not have access to this information.
Objectively, disclosure is expressed in various actions, as a result of which information constituting a state secret becomes known to outsiders: confidential conversation, public speaking, correspondence, display of documents, demonstration of drawings, diagrams, products, loss of unaccounted for notebooks and notebooks with extracts from documents containing state secrets, etc. P.
Disclosure can be made either by action or by inaction (for example, the uncontrolled leaving of documents, products, tables, diagrams at the workplace by the perpetrator in conditions where unauthorized persons can become familiar with them).
The procedure for preserving state secrets is regulated by the Law of the Russian Federation of July 21, 1993 “On State Secrets”, the Rules for classifying information constituting state secrets as various degrees secrecy (SZ RF. 1995. N 37. Art. 3619), the List of information classified as state secrets (SZ RF. 1995. N 49. Art. 4775), as well as a system of by-laws in the form of instructions, regulations, memos and etc. Therefore, when investigating the facts of disclosure, the nature of the disclosure must be accurately established. publicized information, as well as what specific requirement current rules was violated. The degree of secrecy of information is established by comparing it with current regulations, and, if necessary, by conducting an examination.
The crime is completed from the moment the disclosed information is perceived by outsiders. In this case, a detailed perception of the entire set of disclosed information is not required, but a general understanding of the meaning of the information made public is sufficient. If, for some reason beyond the will of the perpetrator, the deliberately disclosed information is not perceived by unauthorized persons, there is an attempted crime. For example, the disclosed information was not accepted due to ignorance of the national language, deafness, severe intoxication, etc.
3. The subjective side of disclosure of information is characterized by both intentional and careless forms of guilt.
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In the legal literature, the opinion is expressed that disclosure of state secrets can only occur in the case of an intentional form of guilt (see: Commentary on the Criminal Code of the Russian Federation. M.: Yurayt, 2004. P. 867). It occurs due to editorial and semantic inaccuracies in the understanding of Part 2 of Art. 24 of the Criminal Code, which requires legislative correction or guiding clarification by the Plenum of the Supreme Court of the Russian Federation.

With direct intent, a person, publicly aware dangerous character actions related to the disclosure of state secrets, anticipates that the disclosed information will be perceived by strangers, and desires this (for example, in a confidential conversation with relatives and close people). So, working in construction special object, technician O. divulged in a private conversation to his student friend K. information about the location, purpose and design parameters sensitive facility, wanting to show their “solidity and awareness.”
Acting with indirect intent, the subject is aware of the socially dangerous nature of his actions, foresees that information constituting a state secret may become the property of unauthorized persons, and admits the fact of perception of information strangers or is indifferent to it. This is how conversations between colleagues on closed topics in public transport are assessed at a volume that allows the meaning of the conversation to be perceived by other passengers, reading documents loudly or discussing business issues in rooms with poor sound insulation, leaving diagrams hanging in an office where strangers enter, tables, graphs, etc.
Disclosure may also be made through negligence due to criminal frivolity or negligence. Most often this is expressed in disclosure in writing when copies are made from documents containing state secrets into unaccounted for notebooks, notepads, and separate sheets, which are subsequently lost. Moreover, careless disclosure, as well as intentional disclosure, can result in serious consequences.
The motive for deliberate disclosure is most often bragging, and the goal is to show an outsider one’s awareness and competence, to emphasize the “importance” and “significance” of one’s person when solving practical issues. Motivation may also be based on other incentives: “to help” to a loved one in performing scientific work, giving a lecture, etc.
4. The subject of disclosure is special, i.e. a sane person who has reached the age of 16, to whom she was entrusted or became known through service, work, study or in other cases provided for by the legislation of the Russian Federation.
5. The same act is recognized as a qualified crime (Part 2 of Article 283 of the Criminal Code) if it caused grave consequences due to negligence.
The grave consequences of disclosure are recognized as: transfer of information into the hands of foreign intelligence services, disruption due to the disclosure of important state events, “freezing” promising scientific research and so on. In relation to the onset of grave consequences, guilt can only be in the form of negligence, as indicated in the norm itself.
The deliberate disclosure of information constituting a state secret differs from high treason in the direction of intent, i.e. motives and purposes of the act.
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The gap in the preservation of state secrets is the absence of a rule on its illegal receipt in the absence of signs of treason or espionage // Russian newspaper. 2008. July 10.

Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service, work, study or in other cases provided for by the legislation of the Russian Federation, if this information has become available to other persons, in the absence of signs of crimes provided for in Articles 275 and 276 of this Code is punishable by arrest for a term of four to six months or imprisonment for a term of up to four years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Part 2 art. 283 of the Criminal Code of the Russian Federation

The same act, which through negligence entailed grave consequences, is punishable by imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary to Art. 283 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The subject of the crime is information constituting a state secret. For the concept of this information, see the commentary to Art. 275 of the Criminal Code.

2. The objective side of the crime is expressed in actions or inaction. Actions to disclose relevant information consist of illegally communicating it, transferring it to a person(s) who did not know it, in any form (in conversation, correspondence, when demonstrating documents containing relevant information, etc.). Inaction occurs when documents or objects containing relevant information are left unattended.

3. The crime is recognized as completed from the moment the specified information is perceived by third parties who do not have access to this information (Part 1). Perception means familiarization and memorization of specified information or its recording in another way. According to Part 2, the occurrence of grave consequences due to negligence is required (Part 2). The concept of grave consequences is evaluative. In this case, it is necessary to establish a cause-and-effect relationship between the fact of disclosure of state secrets and the resulting consequences, which is complicated when a crime is committed in the form of inaction. It is important to establish that specified actions(inaction) did not contain signs of treason (Article 275 of the Criminal Code) or espionage (Article 276 of the Criminal Code).

4. The subjective side (part 1) is characterized by both intent and negligence. The onset of grave consequences (under Part 2) occurs due to negligence. When committing a crime with direct intent, it must be distinguished from high treason (Article 275) and espionage (Article 276) according to the direction of intent (in mentioned articles there is a goal to damage the security of the Russian Federation), as well as in the subject.

5. Special subject: a person who has reached the age of 16, to whom information constituting a state secret was entrusted or became known through service, work, study or in other cases provided for by law.

Commentary on Article 283 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The direct object of this crime is public relations arising in connection with the classification of information as state secrets, their classification, declassification and protection in the interests of ensuring the security of the Russian Federation, regulated by the Law of the Russian Federation “On State Secrets”.

2. The subject of the crime is information constituting a state secret (see commentary to Article 275 of the Criminal Code).

3. The objective side is described in the law as the disclosure of information constituting a state secret if this information has become available to other persons. Disclosure is the making public of information constituting a state secret, regardless of the method (private conversation, public speaking, provision of documents, diagrams, maps, plans, product samples, working models, etc. to outsiders for review).

4. The crime is considered completed from the moment when the disclosed information becomes available to persons who do not have access to it.

5. Disclosure of information constituting a state secret is qualified under Art. 283 of the Criminal Code, provided that the act does not contain signs of high treason described in Art. 275 of the Criminal Code, in the form of issuing state secrets.

6. On its subjective side, the disclosure of state secrets can be committed not only intentionally, but also through negligence (for example, the use of information constituting a state secret in a conversation that the culprit is having with a colleague in the presence of persons who do not have access to such information, who could hear the conversation).

7. The intentional commission of a crime can have various motives: the desire to show one’s awareness, demonstrate one’s social significance, show intelligence, etc., which does not affect the qualification of the act.

8. The subject of the crime is special. It can only be a person to whom state secrets were entrusted or became known through service or work.
A person to whom state secrets are entrusted should be considered one who, by virtue of his position, has this information and uses it in the interests of the state in the performance of professional duties. A person to whom this information became known through service or work may be considered an employee who was not provided with state secrets for use, but who became familiar with it in the performance of his job duties (typist, copyist, encryptor, mechanic assembling a working model of a secret device, and so on.).

9. Qualified composition (Part 2 of Article 283 of the Criminal Code) involves causing grave consequences through negligence. These include, for example, the receipt of information constituting a state secret to foreign intelligence, the disruption of important negotiations and agreements of the Russian Federation, damage to the foreign policy or defense interests of Russia, etc. A subjective attitude towards the onset of grave consequences can only be expressed in a careless form of guilt.

Commentary on Article 283 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

The object of disclosure of state secrets is public relations that guarantee the fundamentals of information security Russian state. Under information security Russian Federation understands the state of its security national interests V information sphere, determined by the totality of balanced interests of the individual, society and the state. At the same time, one of the most important components of the national interests of the Russian Federation in the information sphere is the protection information resources containing information related to state secrets from unauthorized access.

The subject of the crime is information constituting a state secret.
From the objective side, the crime consists of disclosing information constituting a state secret in such a way that it became known to other persons. Disclosure should be understood as making public or distributing this information in violation of the established procedure. The disclosure itself can take the form of active actions (message in a confidential conversation; demonstration of documents, diagrams, devices, etc.; open report or lecture; publication in media mass media or printed publications etc.), and inaction (failure to take measures to classify the transportation of relevant materials; allowing outsiders to become familiar with classified information, etc.). The method of disclosure can be any: orally, in writing, using the media, etc.

The disposition of the analyzed article can be attributed to the blanket-reference one: when qualifying a crime, an appeal to regulations, regulating the procedure for the circulation of information constituting a state secret (to establish the fact of the illegality of familiarization with the relevant information by unauthorized persons), as well as the requirements of Art. Art. 275 and 276 of the Criminal Code of the Russian Federation (to establish the absence of signs of treason or espionage).

The general rule for handling information containing state secrets is that any form of disclosure and any actions that could lead to the disclosure of information constituting a state secret are prohibited. Specified information may become the property of third parties only if they are declassified or in cases specifically provided for by law (for example, with the participation of a lawyer in criminal or civil case related to state secrets, or in the situation of transferring information constituting state secrets to other states, etc.). When qualifying the disclosure of state secrets, it is necessary to establish the fact of the illegality of the actions of the culprit, which does not present any difficulties, due to the fact that each person gaining access to information constituting a state secret is required to sign a non-disclosure agreement.

When distinguishing the disclosure of information constituting a state secret from high treason in the form of issuing state secrets, the main features are as follows:

a) the addressee of receiving information during disclosure, in contrast to extradition, is not only a foreign state, foreign or international organization or their representatives, but also other third parties;

b) treason, in contrast to the disclosure of state secrets, is pursued by the presence of a strictly defined intent of the perpetrator - to cause damage to the security of Russia.

Unlike espionage in the form of transferring information constituting state secrets, disclosure of state secrets can only be carried out by a special subject - a person, officially and publicly. legally admitted to the relevant information.

The corpus delicti provided for in Part 1 of Art. 283 of the Criminal Code of the Russian Federation, is classified as material. The consequence of disclosure is the fact that information constituting a state secret is perceived by an outsider; At the same time, outsiders should be recognized as persons who did not have access to state secrets at all, and persons who had such access, but did not have the right to get acquainted with the information that the perpetrator told them. The addressee, receiving information from the perpetrator, due to his subjective properties, must be able to realize that this information relates to a state secret (due to which the disclosure of information constituting a state secret to minors, the mentally ill, persons who do not speak the language, etc. cannot constitute a complete crime and must be qualified, if there are grounds for it, as an attempted crime).

The subjective side of disclosure of state secrets is characterized by guilt in the form of intent or negligence. When committing a crime intentionally, a person is aware of the inadmissibility of disclosing information constituting a state secret to other persons, foresees that as a result of his actions the information will become available to these persons, desires or consciously allows these consequences to occur (for example, the perpetrator boasts of his knowledge to friends or discusses information constituting a state secret, with a colleague in a public place). In case of careless disclosure of state secrets, the culprit does not foresee that as a result of his actions the state secret could become the property of third parties, although he should have and could have foreseen this, or he foresees the onset of consequences, but arrogantly hopes to prevent them (for example, the culprit uses a vulnerable cipher when transmitting secret information or inadvertently sends secret information to unauthorized persons).

The subject of the analyzed crime is special - a sane individual who has reached the age of sixteen, to whom state secrets were entrusted or became known through service, work, study or in other cases provided for by the legislation of the Russian Federation. Persons to whom the secret was entrusted should be understood as subjects who have special clearance to state secrets and holding positions in organizations and institutions, the functioning of which is related to the creation or circulation of materials containing state secrets (The list of positions, when filled, a person is considered admitted to state secrets, was approved by Decree of the President of the Russian Federation dated January 15, 2010 N 24 -rp (as amended on January 14, 2011)). Persons to whom the secret became known through service, study or work should be understood as subjects who do not hold positions in these institutions, but have gained access to state secrets (lawyers participating as defense attorneys in criminal proceedings in cases related to information constituting state secrets; members of the Federation Council, deputies State Duma, judges for the period of execution of their powers; persons who have received access to state secrets in connection with the preparation of dissertations or performance of other scientific research, etc.). All these persons are warned about the non-disclosure of state secrets that have become known to them in connection with the exercise of their powers, and about bringing them to justice in the event of its disclosure, for which a corresponding receipt is taken from them. It is the presence of a specially issued clearance (or access) and the receipt of a subscription to non-disclosure of state secrets that are the key features of the subject of the crime being analyzed. Termination of access to state secrets does not relieve an official or citizen from their obligations to not disclose information constituting a state secret. Citizenship of a person is not a mandatory feature of the subject of a crime.

If the disclosure of information constituting a state secret is made by other persons who do not meet the requirements special subject, depending on the situation, they may be held liable for complicity in a crime under Art. 283 of the Criminal Code of the Russian Federation

The law provides qualified personnel disclosure of state secrets - disclosure that, through negligence, entailed grave consequences (Part 2 of Article 283 of the Criminal Code of the Russian Federation).

This attribute is evaluative. Its content must be determined in each specific case, taking into account all the circumstances of the case: the content of the information, its significance, characteristics of the addressee, etc. The disruption of government activities, the need to relocate a sensitive facility, the failure of an intelligence network, etc. can be considered as serious consequences.

From the subjective side, a crime in the qualified category of disclosure of state secrets is characterized either as generally careless, or as a crime with two forms of guilt. This approach is due to the recognition of the possibility of committing the main elements of the crime both intentionally and through negligence. Two forms of guilt in a qualified crime will occur only if the main element was carried out intentionally; if the main element of the crime is committed through negligence, then the qualified element requires a careless form of guilt.

Article 283 of the Criminal Code of the Russian Federation does not cover cases of deliberate collection by a person who does not have access to state secrets of relevant information and its disclosure. Such acts may contain elements of crimes provided for in Art. Art. 275 or 276 of the Criminal Code of the Russian Federation, if a state secret becomes the property of a foreign state, foreign organization or their representatives. If a person who does not have clearance (access) to state secrets collects relevant information in the absence of intent to transfer it to a foreign state, the act may be considered, depending on the circumstances, either malfeasance(for example, the abuse provided for in Article 285 of the Criminal Code of the Russian Federation official powers), or as information crime(for example, provided for in Article 272 of the Criminal Code of the Russian Federation unauthorized access To computer information), or as preparation for some other crime.

Video about the station. 283 of the Criminal Code of the Russian Federation