Non-Disclosure or any Other Way of Using the Confidential or Other Restricted Information (Article 172-8 of the Code of Ukraine on Administrative Offenses)

Abstract

The article analyzes the judicial practice of applying Article 172-8 of the Code on Administrative Offenses. The key findings of the study contribute to understanding of certain important issues. Firstly, disclosure of information that has become known to a person while performing his/her duties of an official, implies great responsibility regarding transmission or receiving information of the relevant content. Secondly, disclosure should be regarded as committed offense from the moment, when the relevant information was communicated to and understood by at least one outsider. Thirdly, the use of information is referred to as such, when the person, who received it due to the position occupied, uses this information and/or data and receives some benefits by using the obtained information in his/her activities. In contrast to the disclosure, the use of information implies that an advantage or profit gained from possessing the information is used by the very person who received it due to his occupation, it is not transferred to the third parties. Like disclosure, the use of information can occur only in case of the subject’s active practice. The use of information in another way should be considered an accomplished act from the moment, when the person (specified in the comment to the Art.172-8 of the Code on Administrative Offences) has used and benefited from this information due to his official post.