CORRECTION AND RESOCIALIZATION OF CONVICTED MEMBERS OF THE ARMED FORCES: CURRENT STATE AND PROSPECTS OF THEIR IMPLEMENTATION AND IMPROVEMENT

Author (s): Tsariuk S. V., Nesterenko V. V.

Work place:

Tsariuk S. V.,

Ph.D. in Law,

Associate Professor of the Department of Criminal, Criminal and Executive Law and Criminology,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0001-5971-0419;

 

Nesterenko V. V.,

Postgraduate student,

Methodologist of the Department of Postgraduate Studies in a Military College (Postgraduate Studies),

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0002-6113-6548

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2021 No 1(12): 78-91

https://doi.org/10.32755/sjlaw.2021.01.078

Summary

The analysis of military crimes committed from 2014 till 2020, the process of the development of the Armed Forces of Ukraine and a range of issues related to the process of correction and re-socialization of convicted members of the armed forces are represented in the article. Studying and determining the patterns of crimes committed while performing active duty in Ukraine, as well as the educational impact of remedies and re-socialization applied to convicted members of the armed forces is studied insufficiently and needs more attention from scholars. One of the main problems that remains relevant among scholars to this day is the development and implementation of optimal ways to correct convicted members of the armed forces. The state of affairs studied during the Anti-Terrorist Operation on Protection the Independence, Sovereignty and Territorial Integrity of Ukraine in Donetsk and Luhansk Regions showed that the criminal-executive system was not ready for the growth of the number military criminals. Taking into account the specifics of these subjects of criminal offenses, and the rapid development of the Armed Forces of Ukraine, which are in a state of undeclared war with the Russian Federation, we have proposed the necessary measures to correct and re-socialize convicted members of the armed forces in order to meet their needs and protect their rights and interests and, what is most importantly, to develop law-abiding behavior of the personality of a convicted member of the armed forces. The criminological portrait of a military criminal was also considered in the article. The changes through the prism of reforms in the defense sector were analyzed. Moreover, the international experience of studying the problems related to military crimes was analyzed. On the basis of the conducted analysis, corrective measures were proposed. Today, under the influence of legislative changes caused by Ukraine’s movement towards NATO membership, the transformation of the personnel of the Armed Forces of Ukraine was studied, and the ways to address the emerging needs of the members of the armed forces were proposed.

Key words: correction, Military law enforcement service, members of the armed forces, offense, punishment, crime.

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