About some signs of the objective side of military crimes
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2018, Vol 3, Issue
Abstract
The article analyzes some features of the objective side of military crimes. Particular attention is paid to the way they are committed. Violation of the established order of carrying out military service is the basis of the mechanism of causing harm to the normal activities of the military organization of Ukraine. Each of the entities that ensure the normal operation of the military organization, can itself become a subject of internal threats to this activity. Specificity of these threats is mainly determined by various offenses that dysfunction the activities of certain units of the military organization, and in certain cases it is a violation not within the military organization, but outside. When it comes to cases of violation of the normal activity of a military organization from within by committing various offenses, including crimes, the internal mechanism of causing harm is schematically as follows: 1. a serviceman violates the duties assigned to him; 2. due to such illegal activities, the objects of criminal legal protection and public relations that ensure the normal activities of the military organization of Ukraine are harmed, which is manifested in the reduction of the level of military discipline, military-professional training, combat training, lack of personnel, combat equipment and armament, unsatisfactory organization of the carrying out of various military services and the like; 3. the legal structure of public relations of military service is deformed as a system, and the military organization, not achieving its goals, begins to dysfunction; 4. as a result, this leads to a decrease in the level of combat readiness of the military organization for the armed defense of Ukraine. Violations of special rules of conduct are characterized by the failure of the person to meet the requirements that are imposed. The external manifestation of this behavior is in relation to the offender first of all to the normative prescriptions (norms, rules). The section of the XIX of the Criminal Code of Ukraine contains references to the following ways of committing a crime: (a) with the use of weapons; (b) the commission of violent acts; (c) committing other violence; (d) the use of violence; (e) violence or ill-treatment; (f) committing acts that have the character of bullying or mockery; (g) poor treatment or special cruelty; (h) arson or other generally dangerous method.
Authors and Affiliations
С. О. Харитонов
Keywords
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