军事刑事犯罪的刑事法律特征

N. Kolomiets, A.V. Brovko
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摘要

文章强调,军事刑事犯罪这一主题与军事领域的违法违纪行为极为相关。考虑到地缘政治环境的变化、国家安全威胁的增加、武装冲突和敌对行动的蔓延,这些问题变得尤为重要。人们注意到,确定军事犯罪责任的立法在这方面存在许多问题,因为军事人员的刑事责任和行政责任之间的冲突仍未解决,军事刑事犯罪的主体和客体也没有明确的定义。在俄罗斯全面入侵乌克兰之后,违反既定兵役秩序的刑事犯罪(军事刑事犯罪)有蔓延的趋势,这一事实强调了本研究的相关性。据统计,在 2022 年上半年,其数量从 2021 年的 1 600 000 起增至 6017 000 起,增幅达 370%。然而,送交法院起诉的刑事诉讼数量仅增长了 22%。这些统计数字显示了以下刑事犯罪的普遍性:第 407 条第 408 条("开小差")和第 402 条("不服从命令")。乌克兰刑法典》第 402 条("不服从命令")。2022 年期间,共记录了 4350 起案件,而 2021 年为 71 起。向法院提起刑事诉讼的有 664 起[1]。这表明,俄罗斯联邦的军事侵略对乌克兰作为一个独立民主国家的存在构成了威胁,在此背景下的立法规范应旨在克服确定战争罪法律责任的法规中存在的缺陷。在研究框架内,确定了军事刑事犯罪的标志及其侵占客体的类型,分析了该类犯罪构成的主客观标志,特别是关注了个别军事刑事犯罪构成的特殊性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal-legal characteristics of military criminal offenses
The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is no clear definition of the subject and object of military criminal offenses. The relevance of the study is emphasized by the fact that after the full­scale invasion of Russia in the Ukraine, there is a tendency to spread criminal offenses against the established order of military service (military criminal offenses). According to statistics, during the first half of 2022, their number increased from 1.6 thousand in 2021 to 6017 thousand, which means an increase of 370%. However, the number of criminal proceedings sent to court with an indictment increased by only 22%. These statistics show the prevalence of such criminal offenses as: Art. 407 ("Unauthorized abandonment of a military unit or place of service”), Art. 408 ("Desertion”) and Art. 402 ("Disobedience”) of the Criminal Code of Ukraine. During 2022, a total of 4350 were recorded, compared to 71 in 2021. 664 criminal proceedings were sent to court [1]. This indicates that legislative regulation in the context of the military aggression of the Russian Federation, which poses a threat to the existence of Ukraine as an independent democratic state, should be aimed at overcoming shortcomings in regulations establishing legal responsibility for war offenses. Within the framework of the study, the signs of military criminal offenses and their types by the object of encroachment were established, the subjective and objective signs of the criminal composition of this group of offenses were analyzed, in particular, attention was focused on the peculiarities of the composition of individual military criminal offenses.
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