Kharytonov S. Military crimes: meaning, system and qualification problems.

Concept of military crimes has been formulated, concept of these crimes has been defined, their general characteristics have been given, taking into account objective and subjective signs, and a theoretical model of these crimes has been developed. Legal nature of „military crimes“ concept and specifics of its main features: public danger, wrongfulness, guilt and punishability were researched at the same time, by using general scientific research methods interaction of concepts „military crimes“ and „elements of a military crime“ was analyzed. There were analyzed relationship and interaction of legality principles and culpability of an act with legal presumption of innocence and knowledge of laws through the prism of criminal responsibility for military crimes. The criterion of crimes systematization against military service performance order has been determined, their system has been formulated and investigated in conjunction with external environment and other systems of Common and Special Parts of Criminal Code of Ukraine, and a wide range of both direct (immediate) and indirect relations has been shown. There were proved dependence of finding rules that criminalize military crimes in structure of Criminal Code, or in a separate military criminal law. A systematic analysis of actual theoretical problems of qualifying military crimes has been carried out and offer of their solution. Special types of punishments applied to military personnel for committing military crimes by them and suggestion of their improvement are investigated. There are analyzed existence feasibility of this punishment type as content of military personnel in a military disciplinary, and specifics of arrest sentence serving.