OBJECT OF VOLUNTARY ABANDONMENT OF A MILITARY UNIT OR PLACE OF SERVICE: DOCTRINAL PROBLEMS AND WAYS TO SOLVE THEM

Abstract

The article is devoted to the study of the features of the object of the criminal offense provided for in Art. 407 of the Criminal Code of Ukraine "Unwillingly leaving a military unit or place of service." The doctrinal positions regarding the definition of the generic object of the specified criminal offense are analyzed and their diversity is indicated. It was established that the term "order of military service" includes the order of subordination and military honor; procedure for completing military service; the procedure for the operation with weapons and military equipment and the use of military property; procedure of doing special services; procedure for keeping military secrets; the procedure for doing their powers by military officials of the Armed Forces of Ukraine and other military formations; the procedure for performing military duty in battle; the procedure for observing the customs and rules of warfare. It has been proven that the "order of military service" encompasses those social relations that arise in connection with the regulation of the life process of the Armed Forces of Ukraine and other military formations, related to the performance of the tasks assigned to these military formations; instead, the understanding of the term "order of military service" covers a narrower circle of social relations: those that arise in connection with the regulation of activities related to the implementation of special rights and obligations by military personnel in the performance of tasks of combat duty, internal, border, sentry and patrol services for a certain period of time. It was determined that the generic object of the act provided for in Art. 407 of the Criminal Code, covers both the procedure for passing and the procedure for carrying out military service.