COMPARATIVE ANALYSIS OF ELEMENTS OF CRIMES PROVIDED BY THE MODERN MILITARY-CRIMINAL LEGISLATION OF FRANCE, GERMANY AND THE USA
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 1, Issue
Abstract
The article deals with the composition of the crimes provided by modern military-criminal law in France, Germany and the United States. The modern laws of these states are analyzed, in particular: the Code of Military Justice of France, the Military Criminal Law of the Federal Republic of Germany, the United States Code of Military Justice. Comparative composition of certain types of crimes provided by military-criminal law of peacetime: desertion, unauthorized abandonment of part, self-maiming, evasion from military service by deception, etc. An integral part of the military-criminal legislation of each state are the rules that establish the responsibility of servicemen for evasion from military service. The struggle against these crimes was carried out at all times and in all peoples since the armed groups of people appeared to serve the function of ensuring the military security of the state. It has been established that the effectiveness of combating various evasion from military service depends on many factors - from the position of the army in society, including its provision of everything necessary, from the methods of its manning, especially officer personnel, from discipline and law and order in the troops, etc. Modern states have accumulated a wealth of experience in criminal-law regulation of the military service. Study of this experience, comparison of various options of legal solution of the issue, in order to improve the national military-criminal law, is one of the priority tasks of the military-legal science. The most dangerous form of evasion from military service is desertion. By imposing strict liability for this crime, legislators of different states have differently formulated the features of this crime, thus extending or restricting the scope of criminal repression against persons who evade military service. The most convicted servicemen and other citizens form a form of evasion from military service is self-maiming. It can be concluded that from the medical point of view, self-maiming is an artificial damage to various organs or tissues of the body, disruption of the normal functioning of the internal organs, the induction of various diseases, in particular mental disorders. It can also consist in an artificial deterioration or exacerbation of truly existing diseases. Offenses against the order of subordination and the observance of military honor in the structure of modern military-criminal legislation occupy a special place. In any state, the main purpose of the armed forces is the display of aggression, armed protection of the integrity and inviolability of its territory. Successful fulfillment of this task is connected with the high-quality performance of the servicemen of their duties, undeniable obedience to the subordinate chiefs. In turn, the officers of the army are endowed with full authority over the subordinates and are personally responsible to the state for all aspects of the life and activities of the troops. Failure by servicemen to give orders to them, to command them or to force them to violate their official duties, as well as physical or mental violence against them in all armies of the world and at all times, resulted in strict measures of action, in particular, measures of criminal- legal nature. Among other crimes, we note that in foreign countries the plunder of military property, in particular weapons and military equipment, as a rule, is included in the system of military-criminal legislation.
Authors and Affiliations
П. В. Шалдирван
Keywords
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