Peculiarities of investigating abuse of power or official authority by a military official

Abstract

The issues of the peculiarities of criminal-legal qualification and forensic analysis of crimes related to the abuse of power or official authority by a military official are considered, as well as some forensic aspects of ensuring the collection by the investigator and prosecutor of evidence of the involvement of a military person in their commission are revealed. The special danger of such offenses in the event of their commission during martial law and especially during hostilities is emphasized, since this has grave consequences, wide public resonance, harms the maintenance of combat readiness of troops, disgraces the reputation of military service and the authority of state power.

It is noted that today the problems of forensic support for the pre-trial investigation of such crimes have not received proper and sufficient coverage in the scientific works of domestic researchers. This primarily concerns the issues of the widespread use of forensic provisions for collecting and evaluating evidence during the organization of the investigation and conducting individual investigative actions, and the appointment of expert examinations. The purpose of the publication was to draw attention to a relatively new crime for domestic criminal legislation committed by military officials, and the proper experience of criminal-legal qualification and disclosure and investigation of which domestic pre-trial investigation bodies do not yet have. The used scientific methods of systemic analysis, observation, comparative law, formal-logical, value judgment, etc. made it possible to achieve the task. The result of its implementation was the determination of the role and significance of using the provisions of forensic techniques, tactics and methods of investigating crimes in the fight against certain military criminal offenses.

The conclusions emphasize that the correct criminal-legal qualification of actions involving the abuse of power or official authority by a military official determines the timeliness of the detection and effectiveness of the pre-trial investigation of the crime. The use by investigators of the provisions of forensic tactics, techniques and methods creates conditions for ensuring the collection of evidence, which generally meets the objectives of criminal proceedings.