Forensic classification of military criminal offences and the place of abuse of power or authority by a military official

The relevance of the study lies in the need to develop a forensic classification of military criminal offences, in particular, those related to abuse of power or authority by senior military personnel. This study aimed not only to improve the effectiveness of investigations, but also to provide lega...

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Main Author: I. Kostiuk
Format: Article
Language:English
Published: National Academy of Internal Affairs 2024-11-01
Series:Юридичний часопис Національної академії внутрішніх справ
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Online Access:https://lawjournal.com.ua/journals/tom-14-4-2024/kriminalistichna-klasifikatsiya-viyskovikh-kriminalnikh-pravoporushen-i-mistse-v-niy-perevishchennya-vladi-chi-sluzhbovikh-povnovazhen-viyskovoyu-sluzhbovoyu-osoboyu
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author I. Kostiuk
author_facet I. Kostiuk
author_sort I. Kostiuk
collection DOAJ
description The relevance of the study lies in the need to develop a forensic classification of military criminal offences, in particular, those related to abuse of power or authority by senior military personnel. This study aimed not only to improve the effectiveness of investigations, but also to provide legal protection for participants in military legal relations, which gives it significance in theoretical and practical contexts. The methodological approaches included comparative analysis, classification methods, and typology, which were used to divide military criminal offences into appropriate categories, types, and subtypes, considering their legal and forensic characteristics. As a result of the conducted research, several key conclusions were substantiated. Given the specifics of public relations in the military sphere, it was proposed to consider criminal offences against the established procedure for military service as a separate type of forensic classification. This type covers a wide sector of socially dangerous acts united by common generic features. Within the specified type, groups and forms of offences were identified, characterised by specific features depending on the object of illegal encroachment. When classifying the types of such offences, the emphasis was placed on a detailed structured form that reflects the specific features or conditions of committing a particular type of action. Highlighting the subtypes of criminal offences related to abuse of power or official authority by military personnel, attention was focused on the methods of their commission and socially dangerous consequences. This approach enabled a systematic study of the legal mechanism for committing military offences and their impact on the observance of discipline and the rule of law in the military environment. The results obtained contribute to improving the forensic classification of military criminal offences, which is important for their effective investigation and prevention
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series Юридичний часопис Національної академії внутрішніх справ
spelling doaj-art-7aa277f1b74e45638bf0504014d9f7cb2025-01-23T11:54:50ZengNational Academy of Internal AffairsЮридичний часопис Національної академії внутрішніх справ2519-42162519-43132024-11-01144667710.56215/naia-chasopis/4.2024.66340Forensic classification of military criminal offences and the place of abuse of power or authority by a military officialI. KostiukThe relevance of the study lies in the need to develop a forensic classification of military criminal offences, in particular, those related to abuse of power or authority by senior military personnel. This study aimed not only to improve the effectiveness of investigations, but also to provide legal protection for participants in military legal relations, which gives it significance in theoretical and practical contexts. The methodological approaches included comparative analysis, classification methods, and typology, which were used to divide military criminal offences into appropriate categories, types, and subtypes, considering their legal and forensic characteristics. As a result of the conducted research, several key conclusions were substantiated. Given the specifics of public relations in the military sphere, it was proposed to consider criminal offences against the established procedure for military service as a separate type of forensic classification. This type covers a wide sector of socially dangerous acts united by common generic features. Within the specified type, groups and forms of offences were identified, characterised by specific features depending on the object of illegal encroachment. When classifying the types of such offences, the emphasis was placed on a detailed structured form that reflects the specific features or conditions of committing a particular type of action. Highlighting the subtypes of criminal offences related to abuse of power or official authority by military personnel, attention was focused on the methods of their commission and socially dangerous consequences. This approach enabled a systematic study of the legal mechanism for committing military offences and their impact on the observance of discipline and the rule of law in the military environment. The results obtained contribute to improving the forensic classification of military criminal offences, which is important for their effective investigation and preventionhttps://lawjournal.com.ua/journals/tom-14-4-2024/kriminalistichna-klasifikatsiya-viyskovikh-kriminalnikh-pravoporushen-i-mistse-v-niy-perevishchennya-vladi-chi-sluzhbovikh-povnovazhen-viyskovoyu-sluzhbovoyu-osoboyucriminal offencesmilitary serviceinvestigation methodologyforensic characteristicsofficial crimemartiallawcombat situation
spellingShingle I. Kostiuk
Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
Юридичний часопис Національної академії внутрішніх справ
criminal offences
military service
investigation methodology
forensic characteristics
official crime
martiallaw
combat situation
title Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
title_full Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
title_fullStr Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
title_full_unstemmed Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
title_short Forensic classification of military criminal offences and the place of abuse of power or authority by a military official
title_sort forensic classification of military criminal offences and the place of abuse of power or authority by a military official
topic criminal offences
military service
investigation methodology
forensic characteristics
official crime
martiallaw
combat situation
url https://lawjournal.com.ua/journals/tom-14-4-2024/kriminalistichna-klasifikatsiya-viyskovikh-kriminalnikh-pravoporushen-i-mistse-v-niy-perevishchennya-vladi-chi-sluzhbovikh-povnovazhen-viyskovoyu-sluzhbovoyu-osoboyu
work_keys_str_mv AT ikostiuk forensicclassificationofmilitarycriminaloffencesandtheplaceofabuseofpowerorauthoritybyamilitaryofficial