Покарання у виді службових обмежень для військовослужбовців: кримінально-правові та кримінально-виконавчі аспекти

English

Punishment in the form of service restrictions for military personnel: criminal law and penal enforcement aspects

Abstract. Introduction. This article examines the criminal-legal nature of service restrictions for military personnel in Ukraine. It analyzes the relevant criminal and criminal-executive legislation, focusing on the definition, assignment, and execution of this punishment. The paper also delves into the historical context, the observance of rights and obligations of those subjected to such restrictions, and current trends in Ukrainian criminal law regarding this type of punishment. Purpose. The study aims to analyze contemporary criminal and criminalexecutive legislation and its practical application, providing a historical-legal and criminal-legal characterization of service restrictions for military personnel. Materials and methods. The research primarily draws upon criminal and criminal-executive legislation of Ukraine and its practical application. The following scientific methods were employed: legal (dogmatic), sociological, systemic analysis, comparative legal, historical (genetic). These methods were crucial for a comprehensive investigation and analysis of service restrictions for military personnel. Results. The Criminal Code of Ukraine does not explicitly define service restrictions for military personnel. However, based on Articles 50, 52, and 58 of the Criminal Code, it can be defined as a primary punishment exclusively applicable to non-conscription military personnel. During its execution, it entails: deductions from the convicted person's monetary allowance to the state's income, ranging from 10% to 20% (Part 2 of Article 58 of the Criminal Code of Ukraine). These deductions are made monthly from the entire accrued monthly monetary allowance, regardless of other deductions or financial obligations (e.g., alimony). Prohibition (impossibility) of promotion in position and military rank for the offender. Non-inclusion of the time spent on military service while serving this punishment in the length of service required for the next military rank. It is important to note that military personnel receive various forms of support beyond monetary allowances, the structure of which is determined by relevant legal acts. Discussion. The current wording in the criminal-legal norm states that «the term of punishment» is not included in the length of service for awarding the next military rank. This phrasing is considered imprecise. In reality, it is not the duration of the punishment itself, but rather the actual time spent on military service during which the punishment was served, that is excluded from the length of service. Therefore, it is proposed that in the second sentence of Part 2 of Article 58 of the Criminal Code of Ukraine, the words «term of punishment» be replaced with «time spent on military service during which they served this punishment».

Keywords: Criminal Code; Criminal and executive code; criminal punishment; criminal and law description; convicted; serviceman