INVESTIGATION OF CRIMINAL OFFENSES COMMITTED BY MILITARY PERSONNEL: CHALLENGES OF MARTIAL LAW AND WAYS OF ADAPTATION OF THE CRIMINAL PROCESS

Abstract

The study of the problems of investigating criminal offenses committed by military personnel is relevant, which has become particularly acute in the conditions of full-scale armed aggression of the Russian Federation and the operation of the legal regime of martial law in Ukraine. The article highlights the problem of the need to adapt the criminal justice system to the unprecedented challenges associated with conducting hostilities. The growth of the number of Defense Forces, extreme psychological stress and the specifics of the military environment objectively lead to an increase in the number of offenses, the investigation of which is complicated by objective (impossibility of access to the scene, loss of evidence, death of participants in the proceedings) and subjective (pressure from the command, psychological state of military personnel) factors. The article substantiates the need for a deep scientific understanding and improvement of criminal procedural legislation and law enforcement practice. The research methods were a formal-legal analysis of the norms of the Constitution of Ukraine, the Criminal and Criminal Procedure Codes, the laws of Ukraine and military statutes. The system-structural method was also used to analyze the interaction of military justice bodies and the method of case law analysis to study the key positions of the Supreme Court on the qualification of military criminal offenses, such as disobedience and desertion, which allowed us to identify complex legal dilemmas and approaches to their resolution.The article analyzes the specifics of the qualification of military criminal offenses, taking into account such aggravating circumstances as «commitment under martial law», and examines their impact on the degree of social danger of the act. The author of the article believes that ignoring this qualifying feature is a gross violation, which leads to the imposition of an unjustifiably lenient punishment. The subjective composition of military offenses, the criminological portrait of the offender and the key factors contributing to their commission are considered, in particular, the deterioration of the mental health of servicemen.The paper concludes that effective investigation of military criminal offenses in wartime requires a comprehensive approach. Special attention is paid to the concepts of «disobedience», «desertion», «extreme necessity» and «severe emotional distress» in the context of a combat situation. The feasibility of strengthening the institutional capacity of the State Bureau of Investigation is established. The author offers his own proposals for improvement, in particular, the introduction of mandatory forensic psychological examinations, the development of specialized investigation methods and amendments to the Criminal Procedure Code of Ukraine to adapt investigative actions to the conditions of combat operations, while ensuring compliance with the fundamental rights of servicemen.