Military crimes in the system of criminal legislation of Ukraine

Keywords: military crimes, the system of military crimes, criteria for systematization, signs of a system of military crimes, groups of military crimes.

Abstract

The system of military crimes and its signs are considered. The place of the institute of military crimes in the system of criminal legislation of Ukraine has been determined. Criteria of systematization are characterized, the relationship between the system of war crimes and other systems of the Criminal Code of Ukraine is shown.

The system of military crimes (as well as any other crimes) is important both theoretical and practical: first, it provides an opportunity to identify the most significant features inherent in military crimes; and second, due to these signs, the latter differ from each other; thirdly, the system of such crimes permits the separation of war crimes from non-military (ordinary or special-criminal), which is a prerequisite for their proper qualification, which, in turn, embodies the principle of the lawfulness of criminal law. The value of systematizing military crimes lies in their most important and stable functional relationships with various branches of law and allows for legal identification with sectoral legal systems, for example, with administrative and military law, through such logical terms as concepts, judgments and inferences.

The main purpose (function) of the existence of an institution of military crimes is, undoubtedly, the protection of social relations that arise and exist between the state and the serviceman (military and reservists) in the process of bearing them an appropriate form of military service, which consists in the professional activity of its fit for state of health and age of citizens of Ukraine, foreigners or stateless persons, connected with the defense of the state, its independence and territorial integrity. So, the totality of military crimes has all the signs of the system, which characterizes the system-forming factor – a factor that determines the origin of the system itself.

Author Biography

S. О. Kharytonov, Yaroslav Mudryi National Law University (Kharkiv)

Department of criminal law No. 2;
Candidate of Law Sciences (Ph.D.), Docent.

References

Afanas`ev V.G., 1980. System and society [Sistemnost` i obshchestvo]. Moscow: Politizdat, 1980. P. 26.

Prangishvili I.V., 2000. System approach and general system patterns [Sistemnyi podkhod i obshchesistemnye zakonomernosti]. Moscow: SINTEG. P. 33.

Mal`kov S.M., 2015. Crimes against military service [Prestupleniya protiv voennoi sluzhby]. Moscow: Yurlitiform.

Kruglikov L.L. and Smirnova L.E., 2008. An unitization in a criminal law [Unifikatsiya v ugolovnom prave]. St. Petersburg: Yuridicheskiy Tsentr Press. P. 51.

Tenchov E.S., 1986. About principles and grounds of fixing in the law the system of criminal law institutes [O principakh i osnovaniyakh zakrepleniya v zakone sistemy ugolovno-pravovykh institutov]. Directions of criminal politics in a fight against criminality [Napravleniya ugolovnoi politiki v bor`be s prestupnost`yu]. Sverdlovsk. Pp. 19-26.

Soroka K.O., 2004. Bases of the systems theory and systems analysis [Osnovy teorii system ta systemnoho analizu. Kharkiv: KhNAMH, 2004. Pp. 17-20.

Panov N.I. and Tikhii V.P., 2010. Category „safety” in methodology of jurisprudence [Kategoriya „bezopasnost`” v metodologii pravovedeniya]. Model of society and national safety [Model` obshchestva i nacional`naya bezopasnost`]. Kaliningrad. Pp. 61-66.

Matviichuk V.K. (ed.), 2013. Military crimes: description, methodology of investigation and prevention [Viiskovi zlochyny: kharakterystyka, metodyka rozsliduvannia ta zapobihannia]. Kyiv: Dakor. P. 24.

Vinokurov V.N., 2011. Object of a crime: systematization and qualification [Ob``ekt prestupleniya: sistematizatsiya i kvalifikatsiya]. Krasnoyarsk: SibYuI MVD Rossii. Pp. 25-26.

Malinin V. B. (ed.), 2005. Enciclopedia of criminal law [Entsiklopediya ugolovnogo prava]. Vol. 4: Corpus delict. St. Petersburg: Izd. prof. Malinina. P. 147.

Inogamova-Hegai L.V., 2015. Conceptual bases of competition of criminal law norms [Kontseptual`nye osnovy konkurentsii ugolovno-pravovykh norm]. Moscow: Norma. P. 94.

Published
2018-11-09
How to Cite
Kharytonov, S. (2018) “Military crimes in the system of criminal legislation of Ukraine”, Law and Safety, 68(1), pp. 25-30. doi: 10.32631/pb.2018.1.03.
Section
THEORY AND PRACTICE OF LAW ENFORCEMENT ACTIVITY