CRIMINALISTIC CHARACTERISTICS OF PERSONS WHO COMMIT EVASION OF CONSCRIPTION FOR MILITARY SERVICE DURING MOBILIZATION, FOR A SPECIAL PERIOD

Abstract

The article examines the criminalistic characteristics of persons who commit evasion of conscription for military service during mobilization, for a special period. The relevance of the topic is determined by the fact that, under martial law and general mobilization, the proper fulfillment of military duty by citizens is of particular importance for ensuring the defense capability of the state and maintaining the proper functioning of the Armed Forces of Ukraine and other military formations. In this regard, criminal offenses related to evasion of conscription during mobilization require proper scientific understanding not only from the standpoint of criminal law, but also from the standpoint of criminalistics. It is noted that in the process of investigating criminal offenses provided for in Article 336 of the Criminal Code of Ukraine, it is important to establish not only the fact that a person liable for military service failed to appear upon summons to the territorial recruitment and social support center, but also a set of information about the personality of the offender. Data about the person, including his or her socio-demographic, legal, military registration, psychological, motivational and behavioral characteristics, make it possible to clarify more deeply the mechanism of committing the criminal offense, the method of evasion, the motives of unlawful behavior and possible sources of evidentiary information. The article substantiates that a person who commits evasion of conscription for military service during mobilization is an important element of the criminalistic characteristics of this type of criminal offense. The criminalistically significant characteristics of such persons include age, gender, marital status, level of education, place of residence, occupation, the presence or absence of previous military service experience, military registration status, undergoing a military medical commission, the existence of legal grounds for deferment, attitude toward the fulfillment of military duty, motives for evasion and behavior after receiving a summons. Particular attention is paid to typical forms of behavior of persons who evade conscription during mobilization. In particular, such behavior may be manifested in failure to appear upon summons without valid reasons, ignoring calls from the territorial recruitment and social support center, changing the place of residence without proper notification of the relevant authorities, and referring to family, medical, domestic or other circumstances that are not always confirmed by proper evidence. It is emphasized that establishing such characteristics is important for putting forward investigative versions, planning a pre-trial investigation, verifying the explanations of the suspect and distinguishing criminally punishable evasion from cases of lawful non- appearance. It is concluded that the study of the criminalistic characteristics of persons who commit evasion of conscription for military service during mobilization, for a special period, has both theoretical and practical significance. It contributes to a more complete understanding of the mechanism of committing the relevant criminal offense, makes it possible to systematize the typical characteristics of the offender and increase the effectiveness of pre-trial investigation in criminal proceedings of this category.