CRIMINOLOGICAL CHARACTERISTICS OF VIOLATION OF STATUTORY RULES OF RELATIONS BETWEEN MILITARY PERSONNEL IN THE ABSENCE OF SUBORDINATION RELATIONS

Abstract

The article is devoted to the criminological study of violations of statutory rules governing relationships between servicemen in the absence of subordination. It provides a criminal law analysis of such violations and defines the key elements of this offense. The research examines the main components of the criminological characteristics, including the dynamics, structure, and geographic distribution of this type of military crime. Particular attention is paid to the description of the distinctive features of violations of statutory relations among servicemen without subordination, emphasizing their nature as a negative, historically variable, social phenomenon. Statistical data on military crime over the past decade are analyzed, with a specific focus on the rate of registered cases of violations of statutory rules in relation to the total number of recorded military criminal offenses. The study determines the place of the criminal offense stipulated by Article 406 of the Criminal Code of Ukraine within the system of military criminal offenses and assesses its threat to national security in the context of this criminological research.Judicial practice regarding cases of violations of statutory relationships between servicemen is also examined, allowing for the identification of specific features of this type of offense and an analysis of the characteristics typical of servicemen-offenders who commit crimes under Article 406 of the Criminal Code of Ukraine. Based on the analysis of court practice, notable examples of violations of statutory order by servicemen, including under the conditions of martial law, are provided. Furthermore, the article highlights the classification of violations of statutory rules between servicemen without subordination as a distinct determinant of unauthorized abandonment of a military unit or place of service.