Dissertation for the degree of Candidate of Law in the specialty 12.00.08 – criminal law and criminology; criminal enforcement law – National Academy of Internal Affairs, Kyiv, 2025.
The dissertation represents one of the first comprehensive studies in Ukraine addressing the issues of criminal liability and punishment of military personnel under Ukrainian criminal law during martial law. The research defines the scope of criminal liability for committing military criminal offenses, clarifies the specific features for the application of punishment and release from punishment, and proposes a system of measures to improve national criminal legislation.
The analysis of historical and legal foundations shows that the norms defining the limits of criminal liability for special subjects are historically rooted and aimed at protecting relevant social relations. Historical and comparative legal analysis has made it possible to identify trends in the development of military criminal law and to substantiate grounds for improvement of certain legal institutions. The study proves a gradual strengthening of criminal liability boundaries for military personnel, which is explained by the needs of the defense sector, regulation of state-military relations, development of military criminal law, and the necessity of distinguishing legal measures applied to civilians and military personnel.
It is concluded that the absence of clearly defined international legal principles regarding the criminal liability and punishment of military personnel complicates the development of this area in national law. It is argued that the grounds for social conditioning of liability should include normative-legal, social, criminological, and international legal factors. The constitutional framework is based on the Constitution of Ukraine, which defines the protection of the homeland and territorial integrity as a fundamental principle.
A comparative analysis of foreign legislation (Latvia, Poland, Czech Republic, Slovakia, Germany, and France) reveals similarities in punishment systems and types of offenses committed by military personnel. At the same time, some countries have unique approaches: for example, Poland applies additional duties alongside service restrictions, while the Czech Republic and Slovakia differentiate types of military crimes depending on the object of encroachment. The experience of Germany and France in adopting separate laws on the criminal liability of military personnel is assessed positively and is also proposed for implementation in Ukraine.
The dissertation substantiates the advisability of amending Article 62 of the Criminal Code of Ukraine to stipulate that committing a military criminal offense during martial law excludes the possibility of imposing punishment in the form of detention in a disciplinary battalion. Attention is drawn to inconsistent judicial practice regarding the imposition of additional punishments, as well as the lack of a clear mechanism for distinguishing cases where imprisonment is replaced by service restrictions or detention in a disciplinary battalion.
It is proven that the current sanctions do not always correspond to the social danger of the offences committed and the needs of wartime. The study analyzes gaps in the application of release from punishment, particularly under Article 75 of the Criminal Code of Ukraine, which creates conditions for judicial subjectivism. Special attention is paid to the criminalization of the offense under Article 336-2 of the Criminal Code of Ukraine (evasion of enlistment for military service under contract), which, according to the author, requires reconsideration due to its low prevalence and duplication with other norms (Articles 407, 408 of the Criminal Code of Ukraine).
The dissertation concludes that the effectiveness of applying conditional early release for military service remains questionable, and the absence of an international mechanism for protecting the rights of military personnel complicates the formation of a balanced criminal law policy. The proposed directions for legislative improvement aim to enhance the quality of regulation of criminal liability and punishment of military personnel during and after martial law.
