INTELLECTUAL FORM OF COMMITTING OBSTRUCTION OF THE LAWFUL ACTIVITIES OF THE ARMED FORCES OF UKRAINE: CRIMINAL LEGAL ASPECTS

Abstract

The scientific research is devoted to the current issues of the criminal-legal characteristics of obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations. The necessity of criminalizing acts from the point of view of criminal-legal science is characterized, in particular, a number of social relations that were in urgent need of protection by criminal-legal means are outlined. An analysis of the current legislation is carried out in order to determine the range of military formations formed in accordance with the laws of Ukraine. In addition, the work defines the main direct object, the additional necessary direct object of the crime, as well as the objective side of the crime, the subject and the subjective side of the crime as integral elements of the criminal-legal characteristics. The qualifying features are generalized and the concept of “obstruction” is defined in the context of the criminal-legal characteristics of obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations. The main forms of committing a criminal offense provided for in Article 114-1 of the Criminal Code of Ukraine have been determined, in particular, physical and intellectual forms have been distinguished. Judicial practice has been analyzed, which in turn has made it possible to single out a method of committing obstruction of the lawful activities of the Armed Forces of Ukraine in intellectual form, namely by administering Internet resources on the platform of various messengers in which information is disseminated regarding the movement of military personnel, including territorial recruitment and social support centers during mobilization activities. The legal basis for the implementation of activities, as well as the structure and subordination of territorial recruitment and social support centers, has been determined.