PROCEDURAL SUPERVISION OF THE PROSECUTOR IN CRIMINAL PROCEEDINGS CONCERNING MILITARY VIOLENT CRIMINAL OFFENSES

Abstract

The article examines certain aspects of the prosecutor’s procedural supervision in criminal proceedings concerning military violent criminal offenses. Considering that one of the key subjects of criminal proceedings is the prosecutor, their procedural activity is reflected through various functions of the prosecution authorities at different stages of the criminal process. It has been determined that the peculiarities of implementing procedural supervision depend on the type of criminal offense under investigation. It has been established that the exercise of prosecutorial supervision in criminal proceedings concerning military violent criminal offenses is connected with the establishment of all elements of the subject of proof. Proving the occurrence of a military crime requires demonstrating, through all possible investigative, search, and covert investigative (search) actions, the commission of acts specifically provided for by the relevant provisions of Chapter XIX of the Criminal Code of Ukraine. It is noted that the procedural supervisor must pay special attention to distinguishing between such concepts as a “military crime”, a “crime committed by a serviceman”, and a “war crime”. It is emphasized that a characteristic feature of the studied criminal offenses is the method of commission – violent in nature. Such violence may be either physical or psychological. Attention is drawn to the fact that the procedural supervisor must verify whether, during the pre-trial investigation of criminal proceedings concerning violent military crimes, all data about the identity of the serviceman, conscript, or reservist have been established, as well as the form of guilt, motive, and purpose of such criminal activity.In addition, it is important to verify information regarding the type and extent of damage caused by the criminal offense, as well as other circumstances relevant to the criminal proceedings.