DIFFERENTIATION THE CRIME ACCORDING TO THE ART.405 OF THE CRIMINAL CODE OF UKRAINE WITH OTHER RELATED CRIMES AND OFFENSES

Abstract

The article analyzes separate issues of the qualification of a war crime, provided for in Art. 405 («Threat or violence against a superior») of the Criminal Code of Ukraine. It considers a military crime, which provides for criminal liability in case of encroachment by subordinates on superiors and commanders in connection with their performance of military service duties. At the same time, judicial statistics maintained by the State Judicial Administration of Ukraine shows that with the beginning of hostilities in the East of Ukraine, the level of military crime has significantly increased, in particular, comparing with 2013. Thus, in 2017, the amount of servicemen convicted of war crimes (now military criminal offenses) increased more than in 15 times. And although it gradually decreased in the following years, it nevertheless remains stably high. In the system of military criminal offenses, war crimes against the order of subordination according to Art. 405 of the Criminal Code of Ukraine. During the period of 2011-2021, 184 servicemen were convicted of committing the specified crime, which indicates an unsatisfactory level of military discipline among a separate category of servicemen, whose criminal actions are aimed at violating the principle of subordination, as one of the fundamental principles in the construction of a military formation. Therefore, correct qualification of the specified military crime is extremely important, which requires relevant knowledge and experience in law enforcement activities. Key words: crimes against the established order of military service, war crimes, threat or violence against a superior, composition of the crime, objective side, qualification of war crimes.