Open AccessON THE REGULATION OF THE SPECIAL PERIOD AS THE FACTOR AFFECTING THE CRIMES CLASSIFICATION
Author(s) -
Т. Б. Ніколаєнко
Publication year - 2020
Publication title -
aktualʹnì problemi vìtčiznânoï ûrisprudencìï
Language(s) - English
Resource type - Journals
eISSN - 2664-6226
pISSN - 2408-9257
DOI - 10.15421/3919117
Subject(s) - period (music) , legislation , law , unification , adversary , context (archaeology) , political science , interpretation (philosophy) , history , computer security , computer science , physics , archaeology , acoustics , programming language
It has been determined in the article that taking into account the measures for preventing military crime, there are problems regarding the usage of a special period as a qualifying circumstance in investigative and judicial practice.The author has proved that in the current conditions in the east of Ukraine, amid the war crime growth, any violation of the military discipline order is a negative manifestation of the weakening of the military formations ability to reliably counteract the enemy, but also a direct threat to the national security of Ukraine. Hence, the issue of the special period unification has become problematic amid the increased criminal responsibility for committing crimes under the conditions of special period. They relate, in particular, to the time limits of the special period affecting the origin and termination of criminal legal relations, the qualification of crimes committed under the special period, and the possibility of applying the retroactive effect of the law in case of a change of legal regime in the state.Investigating these issues, taking into account the acts of the current legislation, governing the categorical apparatus of the special period, the general rules for the legal norms interpretation and practice of the special period applying, the author has proved that the special period does not contain defining features in terms of its time limits unification, which affects the accuracy in norms’ content understanding, and accordingly its correct application.In that context, the author has suggested the notion of “special period” where, from the point of view of its time limits, it is determined that the moment of its termination (in case of partial mobilization) is exclusively the promulgation of the President’s of Ukraine decision on demobilization. The content of “mobilization time” is the period from the beginning of mobilization (announcement of mobilization) to its termination (announcement of demobilization).By analyzing the probability of the retroactive effect of the law in case of the special period ending, it has been proved that persons convicted for committing crimes in the conditions of the special period upon its completion are not subjected to the retroactive effect of the law as mitigating or abolishing liability, since the change of regime affects only the application of the law in terms of punishment imposition as having committed the crime of qualified composition.