CRIMINALITY IN THE ARMED FORCES OF UKRAINE AS AN OBJECT OF CRIMINOLOGICAL RESEARCH
Author (s): Puzyrov M. S.
Work place:
Puzyrov M. S.,
Doctor of Sciences (Law),
Head of the Department of Scientific Activity and International Cooperation,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0002-7814-9476
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2021 No 1(12): 103-114
https://doi.org/10.32755/sjlaw.2021.01.103
The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine.
The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation.
Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.
References
- Ukraine (1996), Constitution of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
- Ukraine (2001), Criminal Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.
- Karpenko, M. І. (2013), “Reasons and prevention of military crimes of anarchy motivation”, Law Science, № 3, pp. 81–89.
- Karpenko, М. І. (2013), “Reasons and prevention of careless military crimes of frivolous motivation”, Law Science, № 4, pp. 113–120.
- Kolodiazhnyi, М. (2013), “Military crimes in Ukraine: determination and prevention”, Bulletin of the National Academy of Legal Sciences of Ukraine, № 4, pp. 191–197.
- Bakun, V. І. (2013), “Problematic issues of individual crime prevention in the Armed Forces of Ukraine”, Law Science, № 7, pp. 36–44.
- Dmitrienko, N. А. (2018), “The use of a polygraph as one of the means of crime prevention in the Armed Forces of Ukraine”, Scientific Bulletin of Uzhhorod National University. Series: Law, Issue 53, Vol. 2, pp. 62–66.
- Turkot, М. (2013), “Determinants of military crime”, Bulletin of the National Academy of the Prosecutor’s Office of Ukraine, № 3, pp. 19–23.
- Bohatyrov, І. H. (2013), “Prevention of crime among servicemen in Ukraine through the application of criminal punishment”, Collection of scientific works of Irpin Academy of Finance and Law (economics, law), № 2, pp. 96–100.
- Kulyk, О. H. (2013), Crime in Ukraine: theory and practice of criminological research: dissertation of the Doctor of Sciences (Law): 12.00.08, Kyiv.
- Kostenko, О. М. (2014), “Modernization of the doctrine of modern criminology in the paradigm of social naturalism”, Bulletin of the Association of Criminal Law of Ukraine, № 1, pp. 190–208.
- Kurilo, V. І., Mykhailov, О. Ye. and Iara, О. S. (2006), Criminology: General Part. Lections course: manual, Kondor, Kyiv.
- Dzhuzha, О. М. and Ivanov Yu. F. (2006), Criminology: manual, PALIVODA А. V. Publisher, Kyiv.
- Ukraine (2021), On the decision of the National Security and Defense Council of Ukraine dated March 25, 2021 “On the Military Security Strategy of Ukraine”: Decree, President of Ukraine, available at: https://zakon.rada.gov.ua/laws/show/121/2021#n2 (accessed 09 April 2021).
- Bondarev, V. V. (2002), Violence among servicemen (concepts, characteristics, reasons and prevention): monograph, Kyiv National University of Trade and Economics, Kyiv.
- Karpenko, М. І. (2007), Criminal liability for violation of the statutory rules of relations between servicemen in the absence of subordination relations (criminal law and criminological research): monograph, KNT, Kyiv.
- Hryhorian, V. А., Kosoplechev, N. P. and Fedulov, I. V. (1988), Measures system of crimes prevention. Activities of state bodies and public organizations for the prevention of parasitism, drunkenness, drug addiction, recidivism: methodological guide, Moscow.