Signs of the Subjective Element of Criminal Off ences Against the Energy Security of Ukraine
Signs of the Subjective Element of Criminal Off ences Against the Energy Security of Ukraine

Summary/Abstract: The destruction of Ukraine’s energy infrastructure and the undermining of its energy security threaten economicstability, generate humanitarian crises through electricity and heat outages, and weakens the country’s defence capacity.Damage to energy infrastructure results in large-scale power cuts, disrupts the functioning of enterprises, and significantlyaffects the daily lives of the population.An important prerequisite for the effective counteraction of such socially dangerous acts is the existence of adequatecriminal sanctions, as provided for by criminal law. This is particularly relevant to the establishment of the constituent elementsof a criminal offence, which requires proof of all its components. A clear understanding of the subject, object, objective elementand subjective element of an offence enables the proper legal qualification of the act and the determination of the appropriatecriminal liability. In each case, particular attention must be paid to the examination of the subjective element.The subjective element is not only one of the structural components of a criminal offence, but also a key criterion forits qualification, for distinguishing it from other socially dangerous acts, and for determining the appropriate punishment.However, the existence of a mandatory feature of the subjective element (guilt) is not always sufficient to establish thefull scope of the offence. Optional features, such as purpose, motive and emotional state, may also be relevant. The studysubstantiates the necessity of establishing certain optional features in specific offences against the energy security of Ukraine.For instance, proving the existence of a specific purpose may constitute a necessary condition for imposing criminal liability.Although motive does not affect legal qualification, it may, in certain circumstances, be taken into account by the courtas an aggravating factor.On the basis of the research findings, the author presents a position concerning the proper application of criminal lawmeasures aimed at protecting Ukraine’s energy security, emphasising the obligatory establishment of relevant optional features.

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