Qualification scientific work, manuscript copyright. Thesis for the degree of Doctor of philosophy (Ph.D). Specialty 081 "Law". ‒ International Humanitarian University, Odessa, 2021.
In the thesis, a comprehensive study was carried out, which resulted in the solution of an actual scientific problem of forming a contemporary methodology for investigating criminal offenses related to evasion from military service.
The extent of scientific development of the methodology for investigating criminal offenses related to evasion from military service, the structure, and species affiliation of such a methodology are revealed. For the first time, a modern comprehensive interspecific methodology for investigating criminal offenses related to evasion from military service is proposed, which, based on this general method of their commission, covers both offenses in the field of providing conscription and mobilization (articles 335, 336, 337 of the Criminal Code) and crimes against the established procedure for military service (articles 407, 408, 409 of the Criminal Code); its elements are: general provisions (information on the structure and forensic classification of the criminal offenses understudy), forensic characteristics of the latter (perpetrators, methods of commission, situation and "trace picture"), as well as recommendations for investigation (organizational nature, features of the initial and specifics of the subsequent stages of Investigation). Knowledge about the scientific development of methods for investigating criminal offenses related to evasion from military service has been further evolved.
The most important criteria for classifying criminal offenses related to evasion from military service for constructing an appropriate investigative methodology are identified, and the corresponding classification is proposed. For the first time, the following criteria for classifying criminal offenses related to evasion from military service were defined as the main criteria for constructing an investigation
methodology: the forensic criterion of the method of commission as a system- forming method of the corresponding methodology; criminal law, since the definition of a generic object automatically indicates the specifics of the subjects of the studied criminal offenses; criminal procedure criterion of jurisdiction, which significantly affects the organization of interaction in the investigation. The classification of criminal offenses related to evasion from military service has been improved, which are divided into offenses in the field of evasion from conscription and mobilization and war crimes related to evasion from service.
The thesis describes the persons who commit criminal offenses related to evasion from military service. The characteristics of persons who commit criminal offenses related to evasion from military service have been further developed.
