Methodological Basics, Provisions and Principles for the Study of Military Crime, as the Excess of Military Authority or Official Authority by a Military Official
The article discusses the general provisions of the study of issues of war crimes, namely the excess by a military official of authority or official authority in modern realities. The author conducts a comparative analysis of the point of Article 426-1 of the Criminal Code of Ukraine with its predecessor, explores the point of view of domestic scientists regarding the concept of the object and subject of crime, the excess of military authority or official authority by a military official. The concept of military crime is based on the definition in the Criminal Code of the general concept of crime, formulated in Part 1 of Art. 11 of the Criminal Code ("The crime is a socially dangerous act (act or omission) committed by the subject of the crime under this Code"), and is a derivative of it. In addition, it also has a number of specific features that follow from the content of Art. 401 of the Criminal Code. These characteristics are: 1) a separate and relatively independent object of these crimes (ancestral object) - the procedure established by the legislation of Ukraine for carrying on or passing military service; 2) the special subject of the crime is a serviceman, as well as a conscript during the training (or testing) or special meeting; 3) so-called "military wrongfulness" - recognition of an act of crime only if it is directly provided for by the relevant article of section XIX of the Special part of the Criminal Code and at the same time related to violation of the rules of the law governing the order of military service or the rules of co-operation in military collectives. With regard to the notion of exceeding a military official or authority, it is necessary to identify features that are specific to the concepts that characterize general offenses. The object of the crime of excess by a military official or authority in the form of non-statutory methods of influence is the honor and dignity of the subordinate, and in the use of violence against the subordinate - life, health, will, honor and dignity of ...