Concept and criminal-legal description of military service evasion
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2017, Vol 1, Issue 1
Abstract
The article deals with defining the concept and features of draft evasion, avoidance determine the cause and try to formulate ways of combating crime in that area. Avoidance of conscription for military service interferes with the Armed Forces of Ukraine, undermines readiness, and therefore the country's defense and disrupt the activities of state bodies exercising an acquisition. Draft evasion relating to ongoing crimes. Already completed crime continues as long as the recruit that evaded the draft, appears to be recruiting or detained by law enforcement agencies. This issue is important for the application of the law on statute of limitations for criminal responsibility for this crime. Public risk of these actions is that timely and rapid mobilization is the key to effectively repel military attack on the country or the implementation by Ukraine of the relevant international obligations on common defense against an aggressor. Therefore evade conscription into the Armed Forces to military contingents under conditions such that commenced or envisaged, poses a serious threat to the security of the state of defense. Implementation of criminal responsibility for evasion of military service is a complicated process, which is accompanied by a number of inconsistencies and gaps in the law, and the low level of legal culture and legal awareness of citizens and lack of fear of punishment. Only under the condition of a comprehensive solution possible improvement of the order of military service in Ukraine, reduce facts evading conscription for military and raising the prestige of the military profession, as to be a soldier, to defend their country and citizens - is the most honorable and extremely responsible duty.
Authors and Affiliations
Iryna Medvedeva
Keywords
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