APPLICABLE ASPECTS OF THE APPLICATION OF ARTICLE 407 OF THE CRIMINAL CODE OF UKRAINE (UNAUTHORIZED LEAVING OF A MILITARY UNIT OR PLACE OF SERVICE)

Abstract

The article is devoted to the peculiarities of the applied application of the
criminal offense provided for in Art. 407 of the Criminal Code of Ukraine
“Unauthorized abandonment of a military unit or place of service”. The issues ofestablishing the subject composition of unauthorized abandonment of a military
unit or place of service are determined. The inconsistency of the subject of the
offense under consideration with the provisions of the sectoral law “On military
duty and military service” is revealed. It is proposed to bring this criminal law
institution into line. The regulatory and legal framework on the basis of which the
object of the criminal offense provided for in Art. 407 of the Criminal Code of
Ukraine is formed is analyzed. The essence of military service as an activity of
military personnel related to ensuring the defense of Ukraine, its independence
and territorial integrity is analyzed. Based on the analysis of regulatory legal acts,
it was determined that military service is established in order to prepare citizens
of Ukraine to defend the Fatherland, to provide personnel for the Armed Forces of
Ukraine, other military formations established in accordance with the laws of
Ukraine, as well as special-purpose law enforcement agencies, the positions of
which are staffed by military personnel. It was determined that the objective side
of the unauthorized abandonment of a military unit or place of service was
constructed by the legislator as a formal component of the offense, which obliges
the investigator to focus on a socially dangerous act (action or inaction). A
distinction was made between the subjective side of the unauthorized
abandonment of a military unit or place of service and desertion. A range of
negative factors that constitute the causes of the emergence and existence of such
a phenomenon as the unauthorized abandonment of a military unit or place of
service and desertion was outlined.