On the military nature of some criminal offences

In order for the state to be able to defend itself, its Armed Forces must have the necessary level of combat readiness and combat capability. Military criminal offenses are violations of the combat readiness and combat capability of the Armed Forces of Ukraine and other military groups. The consequence of military criminal offenses is the reduction (undermining) of the combat readiness and combat capability of a military subunit, a military unit, the Armed Forces of Ukraine and other military groups. In the conditions of war it is necessary that the level of combat readiness and combat capability of each military subunit, each military unit and the Armed Forces of Ukraine and other military groups be high. Therefore, the social danger of military criminal offenses committed in wartime is great. The purpose of the research is to resolve the issue of whether some offenses not provided for in Section XIX of the Special Part of the Criminal Code of Ukraine are refer to the military criminal offences. The research used such methods as observation, dogmatic, modeling and systematic, induction and deduction. Articles 335–337 of the Criminal Code of Ukraine are placed in Section XIV of the Special Part of the Criminal Code of Ukraine. But this does not mean that the generic object of these criminal offenses can be defined as social relations regarding the protection of state secrets, the inviolability of state borders, ensuring of conscription and mobilization. Evasion from conscription for fixed-term military service, military service for conscription of officers leads to the fact that the Armed Forces of Ukraine and other military groups (their specific subunit, unit) will be understaffed as required. Therefore, their combat readiness and combat capability will decrease (the offense is a military one). Criminal offenses provided for in Articles 336 and 337 of the Criminal Code of Ukraine are also military offences. The criminal offense provided for in Article 336¹ of the Criminal Code of Ukraine is very close in its essence to military criminal offences, but it is not military.

generic object, military criminal offences, combat readiness and combat capability, legal error, main direct object.