DETERMINANTS OF THE CRIMINAL OFFENSE PROVIDED FOR BY ARTICLE 435-1 OF THE CC OF UKRAINE (INSULTING THE HONOR AND DIGNITY OF A MILITARY SERVICEMAN, THREAT TO A MILITARY SERVICEMAN)

Abstract

Introduction. The unleashed war of Russia against Ukraine forced the legislator to properly look at the protection of professional honor and dignity, mental integrity of military personnel. The result was the criminalization of insults and threats of violence and other actions against military personnel and their family members and the distribution of relevant materials. But effective counteraction to this dangerous socio-legal phenomenon is impossible without criminological support, which is aimed at elimination the causes and conditions of its occurrence and existence. It is the impact on criminogenic factors that will allow to effectively counteract the latter.

Summary of the main results of the study. The article emphasizes that the criminal offense provided for in Art. 435-1 of the Criminal Code of Ukraine, caused by a number of subjective and objective criminogenic factors. It is noted that the most important among them are political criminogenic factors, which include: the absence of a universal political ideology in our country; abuse of the rules of political expediency by the authorities; influence on the consciousness of Ukrainians by the government of the aggressor country, which often speculates on universal values; presence of the practice of political and legal populism in the activities of the power structures of our country. It is emphasized that the determinants of this criminal offense are also ideological in nature. This complex of determinants is caused by the absence of a defining social ideology and national idea. An important element of this complex of determinants is the decline of the spiritual sphere of our society, the negative influence of the mass media, and especially the implementation of information warfare and information terrorism. One should also not ignore the subjective factors that give rise to various manifestations of criminal verbal aggression and criminal mental violence, the manifestation of which is the offense under investigation.

Conclusion. For the implementation of criminal policy in the field of combating the offense provided for in Art. 435-1 of the Criminal Code of Ukraine, the criminal law measures themselves are clearly not enough. Proper criminological support is required, which is impossible without an analysis of criminogenic factors (determinants). It is their establishment, analysis and elimination that should become a priority area in the activities of the subjects of prevention of this manifestation of criminal aggression and violence.