FEATURES OF THE DIFFERENTIATION OF ACTIONS RELATED TO KIDNAPPING, EMPLOYMENT, DEMANDING OF MILITARY PROPERTY BY MILITARY SERVANTS, AS WELL AS POSSESSION OF THEM THROUGH FRAUD OR ABUSE OF THE OFFICIAL POSITION FROM SIMILAR DISCIPLINARY OFFENSES AND OFFENSE

Abstract

The article is devoted to modern problems that arise in connection with the theft, appropriation, extortion by a serviceman of weapons, military supplies, explosive or other combat substances, means of transportation, military and special equipment or other military property, as well as their acquisition by fraud or abuse of official position with similar disciplinary and administrative offenses. In connection with the martial law, which has lasted for almost a year on the territory of Ukraine, questions arise regarding the prosecution of persons who commit the theft of military property using their official position to facilitate and conceal criminal activity, but the legislator has not defined the rules of qualification and differentiation of similar the essence of actions, which in the future cause problems with bringing the guilty to justice. The article is devoted to normative legal acts that would reveal the essence of the specified public acts and give the opportunity to distinguish them according to social danger, as well as provide the opportunity to establish the essential signs of responsibility for the commission of Art. 410 of the Criminal Code of Ukraine “Stealing, misappropriation, extortion by a military serviceman of weapons, military supplies, explosives or other munitions, means of transportation, military and special equipment or other military property or taking possession of them by fraud, committed by a military official with abuse of official position, or repeatedly, or by prior conspiracy by a group of persons, or those who caused significant damage and part 3 and part 4 of this article. Examples are given that could further formulate the signs of the specified actions and bring them in accordance with the Constitution of Ukraine, namely, Artісal # 92 code 22 of the rules on limitation of liability in the event of an offense. The author’s view on the classification of military criminal offenses related to the appropriation of property is offered. Proposals were made to improve the current legislation.