DAVYDENKO Valeriy,
PhD in Law, associate professor, associate professor
of the department of general law disciplines
of Kyiv National University of Trade and Economics
OVERCOMING OF THE COUNTERACTION
TO THE INVESTIGATION OF VIOLENT
CRIMES AMONG MILITARIES
Background. According to Article 17 of the Constitution of Ukraine, the defence of Ukraine and protection of its sovereignty, territorial integrity and inviolability shall be entrusted to the Armed Forces of Ukraine. The issue of ensuring high combat readiness and combat capability of troops is extremely important in the context of the armed aggression of the Russian Federation against Ukraine. Legal scientists faced a complex task of solving the problems of investigating military crimes, developing forensic means of influence to overcome the counteraction to the investigation of crimes among militaries.
Analysis of recent researches and publications. Separate issues of scientific support for the investigation of military crimes became the subject of research by V. P. Bodaievskyi, V. V. Bondariev, A. H. Voievoda, V. S. Davydenko, V. V. Davydenko, S. I. Diachuk, Ye. B. Puzyrevskyi, M. M. Senko, O. S. Tkachuk, M. I. Khavroniuk, V. O. Shamryi and others. However, the above works do not give a detailed account of the issue of overcoming the counteraction to the investigation of military crimes, the causes, conditions and circumstances contributing to this form of counteraction.
The aim to examine the problems and formulate proposals for the optimal overcoming of the counteraction to the investigation of violent crimes among militaries.
Materials and methods. The research methodology rests upon a set of philosophical, general scientific and special approaches, principles and methods of cognition. In the process of work, the following methods were used: dialectical, formal-dogmatic, comparative legal methods, the method of structural and system analysis.
The provisions and conclusions of the article are based on empirical research, personal observations, practical experience of the author in the system of the military prosecutor’s offices, the examination of academic papers, analysis of legal literature and legislative acts.
Results. The increase in crime among militaries negatively affects the level of combat readiness in conditions of armed aggression against Ukraine. The military command is inclined to conceal crimes among its subordinates, to counteract their detection and investigation, to maintain a conspiracy of silence, which results in a high level of latency in military crimes. Unfavorable is the expansion of criminal subculture among military groups. The typical forms of such counteraction are also hindering the establishment of the causes and conditions that contributed to their commission.
The effective forms of the investigator’s preventive work would be both individual and general prevention, however the new Criminal Procedure Code of Ukraine does not envisage any provisions of preventive nature.
Conclusion. The increase in crime among militaries adversely affects the combat capability of troops, which is extremely important in the face of armed aggression against Ukraine by the Russian Federation. The challenge faced by scientists and practitioners is to ensure the effective work of the law enforcement agencies with regard to the investigation of military crimes, which have a high level of latency. This is not uncommon for the command to conceal crimes among the subordinates, to counteract detection and investigation thereof. The activity of the law enforcement agencies is also complicated by a number of objective and subjective factors, a criminal subculture in the military groups and a conspiracy of silence.
The counteraction to the investigation of crimes would be promoted by the application of the scientific recommendations suggested in the article, which are based on the provisions of forensic science, criminal procedure, criminal law, criminology and psychology. Important in this process would also be the preventive measures with the optimal utilization of modern information technology.
Keywords: countering the pre-trial investigation, conspiracy of silence, violent crimes, non-statutory relations, concealment of crimes, investigation situation, preventive work of the investigator.
