METHODOLOGY OF INVESTIGATION OF MILITARY CRIMINAL OFFENSES

Abstract

The article analyzes the methodology of investigation of criminal offenses under Section XIX of the Criminal Code of Ukraine. It is noted that in most of the analyzed criminal proceedings the pre-trial investigation does not reach its logical conclusion, and therefore the issue of improving the methodology of investigation of military criminal offenses is relevant. In addition, some forensic methods of investigating criminal offenses are based on their forensic characteristics. It is the investigator’s knowledge of such elements as the method of committing and concealing a criminal offense and its trace picture, will allow to put forward the relevant investigative versions, determine the direction of work, as well as outline the range of persons involved. It is analyzed that the methods of investigation of the analyzed criminal offenses, especially desertion, are significantly influenced by the ways in which the perpetrator resorts to hide from the authorities conducting his search. The author’s understanding of the circumstances required to establish at the initial stage of the investigation of military criminal offenses, namely: 1) which military criminal offense was committed, where, when and how; 2) the motive and purpose of committing a military criminal offense; 3) the type and amount of damage caused by a military criminal offense; 4) circumstances that contributed to the commission of a military criminal offense; 5) circumstances that affect the severity of the committed criminal offense, characterize the identity of the suspect (accused), aggravate or mitigate the punishment, which exclude criminal liability or are grounds for closing the criminal proceedings; 6) circumstances that characterize the identity of the suspect (accused). It is noted that when planning individual investigative (search) actions, the investigator is obliged to provide the most effective conditions for their implementation. And in an investigative situation complicated by martial law or combat situation, it will be advisable to perform certain investigative (search) actions directly in the military unit in which the criminal offense is recorded or the suspect (accused) is on duty. In addition, attention is paid to the problem of conducting investigative actions, in particular, priority interrogations and inspections in such a case, when servicemen who have committed a criminal offense, as part of a separate unit or military unit during training or combat missions committed these offenses, ie at the place of temporary deployment in another region or in general in another region of the country, in particular, and the area of hostilities. It is proposed to give the pre-trial investigation body the authority to temporarily change the place of service of servicemen. It is outlined that one of the peculiarities of the investigation of military criminal offenses is that during the evidence it is necessary to interrogate the chiefs and their subordinates, seniors and juniors. This imposes on the investigator the duty of strict observance during the investigation of military tact, so as not to damage military discipline in the military unit, unit, not to undermine the authority of the commander and commander.