OVERVIEW OF COURT PRACTICE IN CRIMINAL PROCEEDINGS ON MILITARY CRIMES

Abstract

In the article it has been emphasized that law enforcement practice plays a
significant role in the development of a unified approach to the application of the
norms of criminal material and procedural law, in particular during the
investigation of military crimes. It has been established that clarifying the state of
law enforcement practice in the investigation of military crimes is an important
component of the theoretical foundations of the study of these criminal offenses.
It has been substantiated that the law enforcement practice of investigating
military crimes reflects the level of: regulatory regulation of criminal procedural
activity; investigation organization; scientific, methodical and resource support;
effectiveness of the investigation process of the defined category of criminal
offenses. It has been established that one of the integral elements of the law
enforcement practice of investigating military crimes is the corresponding judicial
practice. This is explained by the fact that the latter must be unified, which means
taking into account the most important legal positions and conclusions from
criminal and criminal procedural law. It has been noted that law enforcement
practice in the investigation of military crimes is formed taking into account not only changes in criminal and criminal procedural legislation, as well as legislation
regulating the procedure for military service, but also taking into account judicial
practice in this category of criminal proceedings, especially the position of the
Supreme Court. It has been found that the case law of the Supreme Court in
criminal proceedings on military crimes concerns the following aspects: the
qualification of military crimes and their distinction from administrative military
offenses; application of the norms of criminal procedural legislation during pre-
trial investigation of military crimes and court proceedings in the studied
category of criminal proceedings.