Криміналістична характеристика самовільного залишення поля бою або відмови діяти зброєю

The scientific article is devoted to highlighting the issue of the forensic characteristics of the unauthorized leaving of the battlefield or refusal to act with weapons, in particular its quantitative, qualitative composition and interrelation of elements. The importance of studying the forensic characteristics of the unauthorized leaving of the battlefield or refusal to act with weapons as one of the elements of the investigation methodology is emphasized, because it contains important information for putting forward versions and choosing the most optimal methods of investigating this type of criminal offense. The position is proposed that the main elements of the forensic characteristics of the unauthorized leaving of the battlefield or refusal to act with weapons, which will include information about: the method of the criminal offense; the circumstances; the identity of the criminal. It is established that the identity of the criminal of the criminal offense under investigation by us can only be a serviceman and persons equated to them, defined in Part 2 of Art. 402 of the Criminal Code of Ukraine, who, while carrying out the commander’s order to conduct combat to repel and deter armed aggression, does not carry out the order or violates its execution, arbitrarily leaves the area where the battle is being fought or, contrary to the order, refuses to use weapons or to use them. To the circumstances of arbitrarily leaving the battlefield or refusing to use weapons, we include the time, place and circumstances of the criminal offense, as well as the reasons and conditions for its commission, as well as the consequences of the criminal offense. It has been established that the place of the investigated criminal offense will be the battlefield itself, which the serviceman himself arbitrarily left, or on which the refusal to use weapons occurred. It is presumed that the method of committing the type of criminal offense we are investigating is exclusively arbitrarily leaving the battlefield or refusing to use weapons, contrary to the orders of the military command, regarding the conduct of combat. Taking into account the concept of a combat situation, the author’s definition of a battlefield is provided, which should be understood as a section of terrain, sea, river or airspace, where in a combat situation, a battle is being fought, determined by legislative, subordinate regulatory legal acts, as well as orders of the military command, which repels and restrains armed aggression in this area, which also establishes the time of the beginning and end of the battle. Legislative amendments to the Criminal Code of Ukraine are proposed, in particular those relating to criminal liability for unauthorized leaving the battlefield or refusal to act with weapons. Correlations between the elements of the forensic characteristics of the type of criminal offense under study are established: the person of the criminal - the circumstances - the method of committing the crime.