MILITARY LEGAL LIABILITY FOR VIOLATIONS OF RULES FOR THE USE AND STORAGE OF MILITARY PROPERTY: INTERNATIONAL EXPERIENCE AND PROSPECTS FOR UKRAINE

Abstract

The article provides a comprehensive analysis of the subjective aspect of military offenses related to the use and storage of military property, considering theoretical approaches, law enforcement practices, and international experience. The concept of the subjective aspect of military crimes, its structural elements, and forms of guilt, which play a crucial role in the criminal-legal qualification of military personnel’s actions, are examined. The study explores the distinction between intentional and negligent offenses in the military sphere, which is fundamental for determining the degree of responsibility of individuals who commit offenses related to military property.The normative and legal framework of Ukraine regarding criminal liability for military offenses is analyzed, highlighting key issues in law enforcement practices and outlining ways to address them. The article identifies gaps in current legislation, particularly the lack of clear criteria for differentiating between intentional and negligent harm to military property. The analysis of judicial practice in the qualification of military offenses demonstrates inconsistencies in the interpretation of the subjective aspect of crimes in different court rulings.Special attention is given to the psychological factors influencing the formation of military personnel’s guilt under combat conditions. It is established that combat stress, psycho- emotional exhaustion, and extreme service conditions can significantly impact a soldier’s ability to comprehend the nature and consequences of their actions. The study suggests expanding the mechanisms for conducting military psychological examinations, allowing for a more objective assessment of military personnel’s responsibility in cases of violations related to military property.A comparative analysis of international approaches to regulating military offenses, particularly the practices of NATO and the European Union, has been conducted. The findings indicate that countries with developed military justice systems implement specialized military tribunals, enabling a more effective review of military personnel’s cases. European Union countries emphasize differentiating levels of responsibility and utilizing specialized expert assessments to determine the subjective aspect of crimes.Practical recommendations have been developed for improving criminal-legal regulation of military offenses in Ukraine. It is proposed to introduce a separate institution of military courts to handle violations within the military sector and to refine the Criminal Code of Ukraine to incorporate a differentiation of responsibility for military offenses based on the degree of guilt and combat conditions. The necessity of integrating mandatory military psychological examinations into the qualification of military offenses is substantiated, ensuring the consideration of extreme conditions’ impact on soldiers’ behavior.The research results obtained have practical significance for enhancing criminal legislation, judicial practice, and law enforcement mechanisms in the military sphere. The proposed measures will contribute to strengthening military discipline, increasing the effectiveness of combating military offenses, and harmonizing national legislation with international standards.