connected with improvement of knowledge about special subject of a crime in whole, and military offender in particular matter.
The author defined the following notions: «specific and concrete subject of a crime», «military offence», «military servant», «being on military duties», «conducting military service»; the theoretical issues concerning the «military offence and subject of military offence under the present Ukrainian penal law», general and special signs of subjects of military offences, the formers` probative peculiarities and their status under European Union states-members legislation are studied as well.
The study pays special attention to the fact that offences among military servants should be divided into two large groups: offences under ordinary law; military offences. Offences among military servants (as a structural element, criminal constituent of any society) will arise on objective and regular basis if military duties take place, and if special subjects are specially authorized to protect national integrity and national interests by means of military actions.
It is stressed that in recent years the general quantity of offences made by military servants, in spite of slight deviations, reduced threefold. But this information is not totally objective, because it does not consider significant amount of latent (hidden) offences, and as a result it`s not presented within penal statistics through following reasons which are: autonomy of military field, public inaccessibility to such statistics (on account of specific character of military activity which often is secret), military servants` traditions and its «corporatism».
It is noted that generic object of military offences determines as well basic features of direct objects of penal acts, because the part always has features of the whole. The mechanism of encroachment on the generic object is following: committing military offence leads to a generic object`s damage, whose permanent way is foremost violation of a particular field (sphere) of military duties within strict order of being on military duties or conducting military service, i.e. by means of encroachment on direct object.
It was established that peculiarities of military servants` criminal liability are connected with specifics of military duties itself and posts that military servants fill; these peculiarities are stipulated by special character of official military interrelations (subordination, military discipline etc.), and also by missions are to be executed (condition of battle readiness to protect national territorial integrity and inviolability). Even minor violating by military servants the order of being on military duties can negatively affect the military units and groups fighting efficiency; and as a result – to damage defensive capacity of Ukraine. Criminal liability of military servants is an extremely important legal means to secure military order, preventing its violation, peculiar guarantee of inviolability, basic factor which secures defensive capacity of Ukrainian military forces.
Scientific originality of the results received is following: complex research study of military offences subject`s peculiarities is made on the basis of penal scientific literature and active Ukrainian legislation; the ways aimed to improve military duties carrying and reduce crimes among military servants are proposed.
