The essence and characteristics of paramilitary and armed formations not provided for by law in terms of criminal liability for their creation (Article 260 of the Criminal Code of Ukraine)

Abstract

The article analyzes the essence and characteristics of paramilitary and armed formations not provided for by law in terms of criminal liability for their creation, which is provided for in Article 260 of the Criminal Code of Ukraine. Attention is drawn to the fact that the notes to the article and Article 260 of the Criminal Code of Ukraine do not reveal all the signs of paramilitary and armed formations not provided for by law. So, in particular, note 1 does not indicate signs of illegal paramilitary formations at all. All the above signs are characteristic of paramilitary formations provided for by law. As regards note 2, which refers to armed groups, among the signs that indicate their illegal nature there is only one, namely the illegal possession of usable firearms, explosives or other weapons.

The authors express a position according to which in order to provide a meaningful characterization of paramilitary and armed formations not provided for by law, it is necessary to start from the features of military and paramilitary formations provided for by law, which exist in the doctrine of military law. Based on this, the essential features of paramilitary and armed formations not provided for by law include the following: 1) not provided for, not regulated by law or directly prohibited by it; 2) are not included in the mechanism of the Ukrainian state; 3) have their own relatively stable internal military-type structure with the division of duties, as well as the presence of those structures (persons) that manage them; 4) cannot be staffed by military personnel; 5) combat and mobilization readiness, as well as combat capabilities, must be constantly carried out; 6) has a special (paramilitary) nature of military-service relations and methods of activity; 7) goals and objectives are formulated by the persons who create them and manage them; 8) they are not entrusted at the official level with tasks related to the defense of Ukraine, the protection of its sovereignty, state independence and national interests; 9) they may be suitable for the actual conduct of military (combat) operations; 10) paramilitary formations cannot carry weapons, and for armed formations such a sign is mandatory; 11) are organized and function on the basis of unity; 12 subordination; 13) a discipline that has a large number of common features with military discipline; 14) military or military or physical training is carried out.