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Persons Who Commit Military Property Theft: The Case of Ukraine

Published online by Cambridge University Press:  02 January 2025

Ganna Sobko Open the ORCID record for Ganna Sobko [Opens in a new window] ,
Hanna Reznichenko ,
Ruslan Mukoida ,
Andrii Svintsytskyi  and
Andrii Padalka
Ganna Sobko
Affiliation:
Department of Criminal Law, Criminology and Penaltу Law, Odesa State University of Internal Affairs, 65000, 1 Uspenska Str., Odesa, Ukraine. E-mail address:[email protected].
Hanna Reznichenko
Affiliation:
Department of Criminal Law and Criminology, Odesa State University of Internal Affairs, 65000, 1 Uspenska Str., Odesa, Ukraine.
Ruslan Mukoida
Affiliation:
Faculty of Training Specialists for Criminal Police Units, Department of Tactical-Special and Special Physical Training, 65000, 1 Uspenska Str., Odesa, Ukraine.
Andrii Svintsytskyi
Affiliation:
Department of Criminal Procedure and Criminalistics, Educational and Scientific Institute of Humanities, National Academy of the Security Service of Ukraine, 03022, 22 Mykhailo Maksymovych Str., Kyiv, Ukraine.
Andrii Padalka
Affiliation:
Ukrainian Scientific and Research Institute of Special Equipment and Forensic Expertise of the Security Service of Ukraine, 03113, 3 Mykola Vasylenko Str., Kyiv, Ukraine.
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Abstract

This article aims to analyze the characteristics of individuals who commit military property theft while their country is at war. For nearly two years, Ukraine has been at war, and for nearly nine years, the country has been living under the regime of an antiterrorist operation, later transitioning to the operation of combined forces. However, some citizens’ attitudes towards military property and its preservation have not changed.

This article examines key issues in characterizing the individual who commits military property theft and bears responsibility for their actions. Emphasis is placed on applied cognition methods and the Ukrainian researchers’ attitudes towards analyzing the typical characteristics of an individual who appropriates military property during wartime. Additionally, the normative-legal framework regulating the actions of subjects (perpetrators) of military theft crime is explored.

It is argued that the specific norm under Ukraine's criminal responsibility law is applied based on the type of crime for which the person will subsequently be held accountable. According to the general rule, only a person who has reached the age of 18 can be considered a military ‘entity’; however, the article challenges this position and suggests alternative possibilities for holding a person accountable based on age. The article also examines holding foreign military personnel accountable, which is particularly relevant for a country in a state of war.

The age and social status of individuals committing military property theft are examined using statistical indicators from the Office of the Prosecutor General from 2018 to 2021, which allowed the tracking of changes in the commissions of specific types of military property theft. These trends are also represented visually in diagrams. The article specifically delves into those individuals who commit administrative offenses involving the misappropriation or unlawful use of military property, which is the subject of special administrative liability under article 172-13 of Ukraine's Administrative Offenses Code. Following that, we present data from our survey of 1,273 respondents. Along with these aspects, the article discusses the matter of complicity between military personnel and civilians and provides court decisions as examples. Finally, the authors recommend expanding the accountability of individuals who misappropriate military property.

Keywords

Criminal OffenseDisposal of PropertyMilitary PersonnelMilitary PropertyAbuse
Type
Article
Information
International Journal of Legal Information , Volume 52 , Issue 1 , Spring 2024 , pp. 39 - 54
Copyright
Copyright © The Author(s), 2024. Published by International Association of Law Libraries

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References

Busel, V.T., ed. Comprehensive Explanatory Dictionary of Modern Ukrainian Language: 170,000 Words. Kyiv: Irpin: Perun, 2001. Ukrainian language.Google Scholar
Case no. 1-kp/754/23/17, Case No. 754/21244/14-k EDRSR 67768217, dated July 14, 2017. Accessed January 15, 2024. http://reyestr.court.gov.ua/Review/55583347. Ukrainian language.Google Scholar
Case no. 335/2010/22 Category. Accessed January 15, 2024. https://reyestr.court.gov.ua/Review/103877885. Ukrainian language.Google Scholar
Case no. 521/10256/22. Accessed January 15, 2024. https://reyestr.court.gov.ua/Review/109165905. Ukrainian language.Google Scholar
Case no. 607/1764/21 Category. Accessed January 15, 2024. https://reyestr.court.gov.ua/Review/102901509. Ukrainian language.Google Scholar
Case no. 725/1747/23 Category. Accessed January 15, 2024. https://reyestr.court.gov.ua/Review/109928952. Ukrainian language.Google Scholar
Case no. 750/141/23 Category. Accessed January 15, 2024. https://reyestr.court.gov.ua/Review/110386220#. Ukrainian language.Google Scholar
Golovin, D. et al. “Electronic Evidence in Proving Crimes of Drugs and Psychotropic Substances Turnover.” Access to Justice in Eastern Europe 5, no. 2 (2022): 156–66. https://doi.org/10.33327/ajee-18-5.2-n000217.CrossRefGoogle Scholar
Judicial Authority of Ukraine. “Report of First Instance Courts on the Examination of Cases on Administrative Offenses Compiled for the Years 2018–2021.” Accessed January 15, 2024. https://court.gov.ua/inshe/sudova_statystyka/zvitnist_21. Ukrainian language.Google Scholar
Judicial Authority of Ukraine. “Report on the Composition of Convicts.” Accessed January 15, 2024. https://court.gov.ua/inshe/sudova_statystyka/zvitnist_21. Ukrainian language.Google Scholar
Karpenko, M.I. Crimes Against the Established Order of Military Service (Military Crimes): Theoretical and Applied Aspects: Monograph. Kyiv: Higher Education Institution: “National Academy of Management,” 2018. Ukrainian language.Google Scholar
Khar, I.O. “Subject of Crimes Against the Established Order of Military Service.” Legal Science 12, no. 78 (2017): 120–60.Google Scholar
Kharitonov, S.O. Criminal Liability for Military Crimes Under the Criminal Law of Ukraine Kharkiv: Pravo, 2018. Ukrainian language.Google Scholar
Kharitonov, S. O., and Panov, M.I.. “Crimes Against the Established Order of Military Service (Military Crimes).” In Criminal Law of Ukraine. Special Part: Textbook, 5th ed., edited by Baulin, Yu. V. et al., 611–40. Kharkiv: Pravo, 2015. Ukrainian language.Google Scholar
Khavronyuk, M.I., ed. Corruption Schemes: Their Criminal-Legal Qualification and Pre-Trial Investigation. Kyiv: Moskalenko O. M., 2019. Ukrainian language.Google Scholar
Korniienko, M.V. et al. “Negative Effects of Corruption Offenses for the Country's Economy.” International Journal of Management 11, no. 5 (2020): 1072–83. https://doi.org/10.34218/IJM.11.5.2020.098.Google Scholar
Kovalova, O., Korniienko, M., and Postol, O.. “Ensuring of Child's Dignity as a Principle of Modern Education: Administrative and Legal Aspects.” Asia Life Sciences Supplement 21, no. 2 (2019): 341–59. https://doi.org/10.34218/IJM.11.5.2020.098.Google Scholar
Military Justice Attorneys. “Military Larceny Defence.” Accessed January 15, 2024. https://www.militaryjusticeattorneys.com/practice-areas/court-martial/larceny-defense/.Google Scholar
Ministry of Defense of Ukraine. Ministry of Defense of Ukraine Order dated August 14, 2008, no. 402 “On Approval of the Regulation on Military Medical Examination in the Armed Forces of Ukraine.” Accessed January 15, 2024. https://zakon.rada.gov.ua/laws/show/z1109-08#Text. Ukrainian language.Google Scholar
Plenum of the Supreme Court of Ukraine. Plenum of the Supreme Court of Ukraine Resolution dated October 24, 2003, No. 7 “On the Practice of Imposing Criminal Punishment by Courts.” With Amendments and Additions Introduced by the Resolutions of the Plenum of the Supreme Court of Ukraine. Accessed January 15, 2024. https://ips.ligazakon.net/document/view/vs04255?ed=2004_12_10&an=16. Ukrainian language.Google Scholar
Rediger, A. Formation and Organization of the Armed Forces: Course for Junior Military Administrative Officers. 2nd ed., parts 1-2. Saint Petersburg: Military Publishing House, 1892.Google Scholar
Smokov, S.M. et al. “Rule of Law as a Principle of Criminal Procedure (on Materials of the European Court of Human Rights).” Pakistan Journal of Criminology 14, no. 3 (2022): 37–46.Google Scholar
Sobko, G. et al. “Characteristics of Punishment for Property Embezzlement and Appropriation by Military Personnel through Abuse of Office.” Legality 31, no. 1 (2023): 157–80. https://ejournal.umm.ac.id/index.php/legality/article/view/25933/12441.Google Scholar
Stratonov, V.M., ed. Military Offenses and War Crimes: Background, Theory and Practice: Collective Monograph. Riga, Latvia: Baltija Publishing, 2023.Google Scholar
Ustimenko, V.V. Special Subject of the Crime. Kharkiv: Higher School, Publishing House at Kharkiv University, 1989. Ukrainian language.Google Scholar
Verkhovna Rada of Ukraine. Code of Ukraine on Administrative Offenses (Articles 1–212-24) (Article 213 – Article 330). Official Gazette of the Supreme Soviet of the Ukrainian SSR, Appendix to no. 51, 1984. https://zakon.rada.gov.ua/laws/show/80731-10#Text. Ukrainian language.Google Scholar
Verkhovna Rada of Ukraine. Criminal Code of Ukraine. Official Gazette of the Verkhovna Rada of Ukraine, 25–26, 2001. Ukrainian language.Google Scholar
Verkhovna Rada of Ukraine. Law of Ukraine dated Mar. 25, 1992, no. 2232-XII “On Military Duty and Military Service.” Accessed January 15, 2024. https://zakon.rada.gov.ua/laws/show/2232-12#Text. Ukrainian language.Google Scholar
Vorobey, P.A., and Grudzur, O.M., “Crimes Against the Established Order of Military Service (Military Crimes).” In Scientific-Practical Commentary on the Criminal Code of Ukraine, edited by Azarov, D. S. et al., 969–1016. Kyiv: Yurinkom Inter, 2016. Ukrainian language.Google Scholar