Investigation of unauthorized abandonment of a military unit or place of service and desertion (Articles 407, 408 of the Criminal Code of Ukraine)

Abstract

The article examines important issues related to the investigation of military criminal offenses, such as unauthorized abandonment of a military unit or place of service and desertion, which are among the most common in the military sphere. The main legal, organizational and forensic aspects of the investigation of these military criminal offenses and their prevention.

Particular attention is paid to the analysis of the motives for committing unauthorized abandonment of a military unit or place of service and desertion, collecting evidence, tactical techniques for conducting interrogations of servicemen and witnesses, inspecting the scene of events, etc., as well as taking into account the moral and psychological state of servicemen who committed such offenses.

The reasons that encourage the commission of unauthorized abandonment of a military unit or place of service and desertion are outlined: psychological or physical condition, material or socio-economic reasons, conflict situations, etc. It is established that in order to prevent the commission of relevant military criminal offenses, it is necessary to determine the "terms of military service" for the mobilized.

Practical recommendations are provided regarding the effectiveness of the investigation and measures are proposed to prevent unauthorized abandonment of a military unit or place of service and desertion.

Today, a draft law on demobilization has been prepared for submission to the Verkhovna Rada of Ukraine, but this draft law directly depends on the training of reserve servicemen of the Armed Forces of Ukraine and the situation at the front. At the same time, while the issue of demobilization is being resolved, it is necessary to pay attention to the rotation of military personnel, to give more time for recovery (rehabilitation). It is also important to provide professional psychological assistance to military personnel on the front lines.