Військові правопорушення у контексті змісту загальної системи запобігання правопорушенням і злочинності

The article is devoted to the disclosure of the concept and content of the prevention of military offenses; definition of criteria for dividing military offenses into categories (types); establishing the specifics of disciplinary, administrative and criminal military offenses in the context of the organization of the system for their prevention. It is proposed that the concept of prevention of military offenses should be understood as a specific direction of the state and society’s activities, which is implemented in the military sphere, concerns military personnel, and is aimed at preventing, eliminating, and neutralizing the causes and conditions that may cause military personnel to commit disciplinary, administrative, and criminal offenses, as well as at termination of crimes that have already started, other illegal actions among military personnel. It is substantiated that the prevention of military offenses in the conditions of unprecedented military and political challenges facing the Defense Forces of Ukraine is one of the prerequisites for achieving such a level of management of military units that would best ensure the fulfillment of the tasks of defense and protection of Ukraine set before the Defense Forces, ensuring its sovereignty, territorial integrity and inviolability of state borders. It was determined that the purpose of preventing military offenses is to limit the effect of negative social phenomena and processes in the environment of military personnel, to eliminate the causes and conditions that contribute to the commission of offenses; neutralization of the negative influence of the microenvironment, which forms or can form an antisocial attitude of a serviceman, negatively affecting his behavior; exerting influence on military personnel who, by their moral and psychological qualities, are capable of committing offenses or other antisocial actions. It has been proven that the system of military offenses consists of military disciplinary, military administrative, and military criminal offenses. The definition of the concept of military disciplinary, military administrative, military criminal offenses is proposed, their signs and content are disclosed. It is substantiated that at least three categories of special ties function in the system of prevention of military offenses. Namely, these are connections related to the features of: a) the object of criminogenic influence; b) means and forms of its implementation; c) legal status of implementation entities. Military offenses, not being a direct element of the prevention system, belong to the category that mediates the goal of preventive measures, namely, it is the subject, the total and individual number of which is planned to be reduced. It is assumed that the further improvement of the theoretical foundations of the prevention of military offenses should be connected with the study of the institutional components of the mechanism of its implementation, which, in the end, should contribute to the effective performance by the Defense Forces of tasks related to the implementation of the defense and protection of Ukraine, deterring the armed aggression of the Russian Federation against Ukraine, fight her off.