VIOLENT CRIME OF MILITARY SERVICEMEN (notion, SIGNS, CLASSIFICATION)

Abstract

The article deals with the basic scientific approaches that exist in criminal law and criminology to define the concept and signs of violent crime. The author identifies the main criminological signs of this type of crime. Such signs are: intentional nature of the act; increased social danger; the object of criminal violent encroachment is public relations, which provide for the physical well-being of individuals (life and health) protected by criminal law; methods of encroachment can be in the form of both physical and mental abuse; conflict is based on interpersonal relationships between the perpetrator and the victim. Military violent crimes are also distinguished by the fact that they simultaneously affect the life and health of the individual and the established order of military service. The subject of these crimes is also peculiar.

In the article the author defines the notion of violent crime of military servicemen. It is emphasized that although these crimes are qualified under the general rules of the legislation of criminal responsibility, they do have their separate criminological characteristics, which should be taken into account when carrying out preventive activities.

Methods: Dialectical, dogmatic, formal-legal, systemic-structural and separate sociological methods of scientific research were used in the preparation of the article. The dialectical method made it possible to formulate the author's notion of violent crime by military servicemen. Dogmatic and formal-legal methods have been used in the analysis of the content of criminal and other branches of law, which provide for the establishment of various types of legal responsibility for unlawful violent forms of behavior of military servicemen, as well as in the development of proposals for improving the current legislation in the field of prevention of violent offences of military servicemen. The systemic-structural method has been applied in the classification of criminal violence, violent crimes of military personnel, perpetrators of military violent crimes. Sociological methods have made it possible to obtain and process scientifically important sociological information about the state of crime made by military servicemen and perpetrators of military crimes.

Results and conclusions. It is established that violent crimes of military servicemen have their own separate criminological characteristics and differ from other violent crimes by features of the offender's personality, motivation, determination and other criminological features. These features should be taken into account in the development and implementation of measures of general-social, special-criminological and individual preservation of this type of crimes.