FEATURES OF CRIMINAL RESPONSIBILITY FOR MILITARY CRIMINAL OFFENSES COMMITTED DURING THE PERIOD OF MARTIAL STATE

Based on the analysis of the current legislation and scientific literature, the peculiarities of criminal responsibility for military criminal offenses committed during the period of martial law were investigated, which made it possible to formulate proposals for changes to the current legislation. It was determined that the lack of a systematic approach to the issue of using such a qualifying feature as the commission of an act under martial law led to a violation of the principle of justice, an imbalance in the system of measures of criminal law influence on the commission of criminal offenses. In view of this, a number of articles of Chapter XIX of the Special Part of the Criminal Code of Ukraine need to be supplemented with the specified qualifying feature. We are talking about articles 406, 412, 414-417, 422 of the Criminal Code of Ukraine. It has been established that the sanction of Part 2 of Article 433 of the Criminal Code of Ukraine does not comply with the rules of construction of sanctions of special criminal law norms and requires an increase in the amount of punishment in order to harmonize with the sanction of Part 4 of Article 187 of the Criminal Code of Ukraine, which provides for responsibility for a uniform criminal offense. It is proved that Article 435-1 of the Criminal Code of Ukraine should be placed in Chapter XV of the Special Part of the Criminal Code of Ukraine, and its content has been significantly changed taking into account the comments expressed in this work and by other authors. It is substantiated that part 4 of Article 401 of the Criminal Code of Ukraine should be supplemented with a provision on the possibility of exemption from criminal liability for the commission of a military criminal offense by a special purpose police officer of the National Police of Ukraine with the application of measures provided for in the Disciplinary Statute of the National Police of Ukraine.