Almanac of law. Issue 15 (2024), pages 307–312.
DOI: 10.33663/2524-017X-2024-15-307-312
Landina A. V.
Modern challenges of criminal law counteraction to violent crimes committed by special subjects
In the modern conditions in which Ukrainian society found itself — a full-scale war, the introduction of martial law — the legislator and law enforcers of the norms of criminal law faced problems related to bringing to justice for criminal offenses, in particular, of a violent nature. Criminal liability for violent criminal offenses with a special subject and a special victim needs additional research. This applies to violent criminal offenses committed by and against military personnel (certain types of military criminal offences), military and civilian personnel of the occupying country. The purpose of this study was to identify modern problems of criminal responsibility for violent crimes under martial law and to make proposals for their solution through the lens of martial law. It was established that the criminal offenses of servicemen of the Armed Forces are covered by the provisions of Chapter XIX “Criminal offenses against the order of military service (military criminal offences)”, including if they are committed against the civilian population. The current legislation of Ukraine in this area needs some improvement. It is worth making changes in Art. 401 of the Criminal Code of Ukraine, noting that the commission of an insult to honor and dignity, a violent criminal offense against a serviceman, by a civilian who is not conscripted, qualifies under Art. Art. 4351 of the Criminal Code of Ukraine. It is proposed to include in Art. 433 of the Criminal Code of Ukraine a note in which to determine which criminal acts include violence against the population. The mechanism of criminal prosecution for violent crimes on the territory of Ukraine, including in the temporarily occupied territories, by military personnel and civilians of the occupying country also needs improvement: it is proposed to develop a special regulatory legal act that will contain clear instructions for prosecuting the specified subjects objects.
Taking into account the relevance of the research topic, as well as the number of unresolved issues in this area, this article is aimed not only at solving certain issues in the area of responsibility of special subjects for violent criminal offenses, but also opens up a number of promising directions within this direction of criminal-legal countermeasures by individual types of violent offenses in the conditions of a special period, including martial law.
Key words: violent criminal offenses, crimes, criminal liability, military serviceman, martial law, special subject, special victim, order of military service, military criminal offenses, violation of laws and customs of war, violence against the population, insult to honor and dignity.
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Anna Valentynivna Landina,
Senior Researcher, Department of
Criminal Law, Criminology and Judicial System,
V. M. Koretsky Institute of State and Law, NAS of Ukraine,
Candidate of Law, Associate Professor
ORCID: 0000-0002-3808-7573