The thesis is a comprehensive criminological study of crimes against the order of military service in Ukraine. The scientific work provided a criminological characteristic of these crimes, studied the identity of the offender-serviceman, who violated the order of military service, identified groups of determinants that predetermine these crimes, suggested promising directions and measures for their prevention.
The concept of crimes against the order of military service is given. Under them, it is proposed to understand a separate group of war crimes that committed by servicemen of the Armed Forces of Ukraine and other military formations, military persons, called for training or verification fees, that encroach on the order of military service, and are reflected in illegal acts stipulated by the criminal law directed at temporary or permanent evasion from the passage or fulfillment of duties of military service, thus reducing the defense capability of the state.
The criminological characteristics of these crimes are quantitative and qualitative indicators (level, structure, dynamics, latency, «price», geography), as well as information about the identity of the offender-serviceman.
The criminological characteristic of the personality of the offender-serviceman, who violated the procedure for military service, was given on the basis of his socio-demographic, criminal-law and moral-psychological characteristics. The study of a number of listed traits and qualities made it possible to develop a criminological portrait of the person of such an offender: it is a man (99,7 %), aged 31–40 (29,1 %), a general secondary education (41,3 %), a citizen of Ukraine , by nationality Ukrainian (88,8 %), not married (54,7 %), no children (66,9 %). Before calling for military service he did not work anywhere (38,7 %). Passes after mobilization (77,2 %) in the military rank of a soldier (64,2 %), not convicted (93,4 %). The leading motives for criminal behavior is cowardice. Criminals have a tendency to drink alcohol, undeveloped volitional qualities.
The typology of the personality of such a criminal is provided on the need and the leading motive of criminal behavior. The most common types of these criminals are: self-individualistic (60 %), destructively-oriented (20 %), frivolous (10 %), tense (7 %), situational (3 %).
Determinants of these crimes are classified according to their nature to socio-psychological, organizational and managerial, socio-economic and regulatory. Determinants of the first group have the greatest criminogenic effect.
Prevention of these crimes consists of external and internal strategies. The external strategy consists of the political and diplomatic regulation of the situation in the East of Ukraine and the gradual non-military de-occupation of the territory of Donetsk and Lugansk regions. The internal strategy includes the restriction of the prevalence of these crimes through the implementation of their general social and special-criminological prevention.
The general social prevention of these crimes consists in improving social relations in the military sphere and consists of measures of socio-economic, budgetary, ideological and organizational character.
Special-criminological prevention of investigated crimes consists of measures of criminological prevention, rejection and termination. Criminological prevention measures considered essential, as they can advance to prevent evasion of military service by soldiers. These measures include psychological, organizational and managerial, regulatory and information directions of the activities of various subjects.
The prevention of crimes against the order of military service includes measures of psychological, informational and social orientation.
The cessation of the said criminal offenses may consist in: warning the commanding officer of the military unit where the serviceman is serving, as to the awareness of his criminal intentions; change of external conditions on which the offender counted, etc.
