ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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Object of evasion from draft for term military service, military service on draft of officers

Pages: 190-196
Year: 2017
Location: Pravova Ednist Ltd

Review

Today, the crime of evasion from draft for term military service, military service on draft of officers is particularly dangerous, since the violation of the order of recruiting the Armed Forces of Ukraine undermines the army’s power and strength, which in turn gives the "green light" for aggression by terrorist groups or aggressor countries.

The subject acts as the architect of the crime, therefore, the study of the person of the deviator (in our opinion, it is advisable, regarding the title and content of article 335 of the Criminal Code of Ukraine, to use this very journalistic term in the science of criminal law) is not only important, but also necessary to understand the depth and meaning of this crime, to deal with possible gaps and collisions, to propose amendments to the current legislation.

The purpose of this study is to identify the subject of evasion from draft for regular military service, military service on draft of officers.

The article deals with the problem of defining the concept of "the subject of a crime" and investigates the subject of a crime stipulated with article 335 of the Criminal Code of Ukraine. It is proposed to use the journalistic term "deviator" in the science of criminal law.

As a result of the study, it was found that citizens of Ukraine of draft age who do not have the right to release or deferral from recruitment to a term military service may be exclusively liable for evasion from draft for term military service.

Officers of the reserve (citizens of Ukraine, regardless of sex, who are in the military reserve) are the subject of a crime in the form of evasion by officers of the military from the draft.

Today the problem of avoiding draft for regular military service, military service for officer is extremely relevant, and its research requires prompt and comprehensive consideration. That is why, promising direction of further research we consider the consideration and analysis of the object of the crime, its objective and subjective aspect.

Keywords: evasion, draft, term military service, deviator, subject of crime, corpus delicti, Criminal Code. 

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