Система кримінальних правопорушень, вчинених комбатантами

The article is devoted to issues related to the formation of a system of criminal offenses committed by combatants, given that the latter are associated with a significant amount of socially dangerous acts - crimes that serve as the material basis for the criminal liability of combatants. In order to obtain substantiated conclusions, the work uses philosophical, general scientific conceptual approaches, as well as approaches and methods characteristic of modern legal science, in particular the science of criminal law, in accordance with the outlined problem. The analysis of normative and scientific sources made it possible to clarify the absence of a legalized concept of a system of criminal offenses committed by combatants, its lack of formation both in domestic legislation and in international humanitarian law. The work draws attention to the fact that it is potentially possible to build a system of criminal offenses committed by combatants on the basis of a classification that acts as a tool. The study found that the legislator directly uses the criterion “type and measure of punishment” common to all criminal offenses and indirectly “by the object of the criminal offense”, “by the method of committing the criminal offense”, “by the normative regulation of criminal offenses”, “by the subjective side of the criminal offense”. These criteria mediate a constructive set of acts that are qualified, among others, as war crimes, but practically reflect the theoretical construction of the system in which the system of criminal offenses of combatants acts as a subsystem. It is emphasized that the structure of war crimes, as understood by the International Criminal Court, differs from the similar structure from the point of view of Ukrainian legislation. It uses a structure that includes: a material element, a mental element and a contextual element. It has been established that the contextual element is a system-forming element in the construction of the system of criminal offenses committed by combatants, since it determines the specifics of the composition of the crime. The main features of the system of criminal offenses committed by combatants are identified, and the concept is formulated.