Кримінальні правопорушення у Збройних силах України: криміногенні фактори

Abstract

The article highlights the main objective and subjective factors that stipulate the commission of criminal offenses in the Armed Forces of Ukraine. It is justified that in this area the need for the development of an effective victimological direction for the prevention of criminal offenses of military personnel is long overdue. It was noted that in our time the concept of international criminal jurisdiction in the doctrine of international criminal law is developing under the influence of many factors, and the UN International Law Commission played a large role in this process. At the beginning of the present century, the content of jurisdiction, its types, the distinction between judicial and executive jurisdiction of States and others became the subject of attention of members of the Commission in the work on draft conventions on jurisdictional immunities of States and their property, on immunities of State officials from foreign criminal jurisdiction and other conventions. It is noted that based on the position of national sovereignty and the rule of state within its territory, on customary legal norms, under the influence of the expansion and deepening of international cooperation, criminal law principles gradually transformed over time, gaining a modern form in international treaties. It was noted that the first International normative legal act in the military sphere was the adopted first Geneva Convention «On Improving the Fate of the Wounded and Sick in the Active Armies,» which was signed in 1864 by representatives of 16 European countries. It was she who gave impetus to the development of all international humanitarian law and the regulation of the rules of conduct of hostilities and in accordance with the consolidation of the concepts of «Laws of war» and «War crimes.» It was noted that the Second World War made its adjustments to the system of international law, it became clear that it was necessary not only to establish a list of prohibited acts that fell under the concepts of «War crime» and «Crimes against peace,» but also to consolidate mechanisms for bringing perpetrators to international criminal responsibility. It is stated that military criminal offenses are a complex system of illegal actions. Ensuring the state of military security is a strategic direction of the Ukrainian state.