GENESIS OF CRIMINAL RESPONSIBILITY FOR APPROPRIATION, POSSESSION OF MILITARY PROPERTY USING OFFICIAL RANK COMMITTED BY A MILITARY OFFICER

Abstract

The article provides a comprehensive study of the emergence and development of criminal liability for dishonest appropriation, military property acquiring through abuse of official rank committed by a military official. The research of normative-legal acts of different periods of origin of the Ukrainian statehood is carried out, in particular disclosing the essence of responsibility for dishonest appropriation, military property obtained through abuse, misuse of official rank performed by a military officer. Such normative legal acts are Russkaya Pravda, Sudebniki of 1468, 1550, Statutes of 1529, 1566 and 1588, Rights and Institutions of Little Russia, ‘Conciliar Code’ of 1649, Military Article of 1715, ‘The civil rights of the Little Russian people’ of 1743, ‘Field criminal law’ of 1812, Code of Laws of 1832 (Criminal Code), ‘Statute of a denomination or police officer’ of 1782, the Statute of Punishment, the Village Court Statute of 1839, Penal and Correctional Regulations of 1845, Statutes of Public Administrations ‘Code of military regulations’ of 1869 ‘Statutes of Punishment Criminal Code’ of 1903, ‘Code on weapon requisition’ of 1917, Criminal Codes of the USSR of 1922, 1927, and 1960, decrees on ‘Criminal liability for theft of state and public property’, and on ‘Strengthening the protection of personal property of citizens’ of 1947, Criminal Code of Ukraine of 2001, etc. Having conducted research on legislative acts that were relevant in today's Ukraine at different times, having reviewed scientific works of domestic and foreign scientists, the main aspects of the formation and development of criminal liability for dishonest appropriation, military property acquiring through abuse of official rank committed by a military official are proposed. It is investigated that the norms of the Military Article of Peter I, which regulated the relations in the army, significantly affected the development and approval of the current military criminal legislation of Ukraine. Much attention in the article is paid to the Criminal Codes of 1922, 1927 and 1960, because they see an experiment in the classification of criminal law, taking into account and improving the rules of past regulations, and clearly states the responsibility for the criminal offense researched by us.