PECULIARITIES OF THE SUBJECT OF CRIMES AGAINST MILITARY PROPERTY UNDER MARTIAL LAW

Abstract

The article provides a criminal-legal analysis of the subject of crimes against the procedure for the use and storage of military property under martial law. Particular attention is paid to the categories of persons who may be the subjects of such crimes: military personnel, employees of military units, volunteers, representatives of private military companies and international consultants. Their legal status, specific duties and scope of criminal liability are studied. The main shortcomings of the current criminal legislation of Ukraine are identified, which consist in the lack of clear regulatory provisions regarding new categories of subjects and the complexity of distinguishing disciplinary offenses and criminal offenses. In wartime, these problems become critical, as they affect the defense capability of the state. In addition, international cooperation and the involvement of foreign experts in ensuring military needs require the adaptation of national legislation to international norms. Recommendations are proposed for improving criminal law regulation, including adapting national legislation to international standards, creating digital mechanisms for accounting for military property, and improving procedures for qualifying crimes in the military sphere. The article also presents a comparison of categories of crime subjects, which allows for a better understanding of the differences in their legal status, role in military activities, and scope of criminal liability. The studied and analyzed proportional distribution of responsibility among different categories of crime subjects against military property demonstrates that the largest share of violations falls on military personnel. This is explained by their direct involvement in the use and preservation of military property. Civilian employees of military units also occupy a significant share, since they perform logistical support functions.