TO QUESTION OF QUALIFICATION OF SOLDIERY CRIMES, PERFECT IN THE CONDITIONS OF THE SPECIAL PERIOD
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The signs of the special period, foreseen a current legislation are analysed in the article. Established circumstance that certain to complication for investigators and judges in relation to qualification of the soldiery crimes envisaged by the division of ХІХ of Special part of Criminal Code of Ukraine, when they were accomplished out of limits of the special period in 2016–2018. An analysis of the practice of application of the current criminal law on war crimes demonstrates the problems of their qualification according to features of commitment of a special period. The problem relates to the establishment of time parameters of a special period as one of the signs of the objective part of a crime. This circumstance makes it difficult to qualify crimes against the regulatory order of military service by investigators and judges. Nowadays (2016-2018), in our opinion, there are no sufficient juridical (legal) grounds for qualification of the actions of servicemen for the commission of military crimes “in the context of a special period, except for martial law”. In order to prevent improper qualification of such crimes, it is necessary to clarify immediately the issues of the notion of content and time parameters of a special period at the legislative level. For this reason, it is necessary to amend a paragraph 11 p. 1 Art. 1 of the Law of Ukraine “On Defense of Ukraine” and other legislative acts where the definition of a special period is repeated expounding it as follows: “<...> and covers the time of mobilization, demobilization, wartime and partly renew period after the end of hostilities, which may last no more than six months”. In addition, the issues of qualification of war crimes committed during 2014-2018, in order to prevent their further misclassification both in investigative and judicial practice based on the requirements of Art. 36 of the Law of Ukraine “On Judiciary and Status of Judges” require consideration by the Supreme Court.
Authors and Affiliations
М. І. Карпенко
Keywords
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