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.
