Year: 2025
Type: article
Abstract: The article is sanctified to opening of maintenance and finding out of correlation of concepts of prevention and prophylaxis of offences in the Armed Forces of Ukraine. It is well-proven that offences in the Armed Forces of Ukraine present a serious threat to basic principles of military management and possibility of Forces of defensive to execute the task of defensive of Ukraine, defence of her sovereignty, territorial integrity and inviolability, rebuff of the armed aggression of the Russian federation. The author identifies the main reasons for the increase in the number of offenses in the Armed Forces of Ukraine in modern conditions. It is emphasized that at all times military discipline and military order have been considered as the basis of combat readiness and combat capability of the military organization of the State and its army. The author proves the relevance of the task of developing new approaches to the organization of the system of prevention of offenses in the Armed Forces of Ukraine, in particular, in the context of preventive and prophylactic activities. The author proposes that prevention of offenses in the Armed Forces of Ukraine should be understood as proactive actions regulated by law aimed at preventing the occurrence of undesirable consequences related to non-compliance by servicemen with the requirements of the Disciplinary Statute, the provisions of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, and other legislation of Ukraine related to legal liability. It is proved that prevention is distinguished from the concepts of prevention, warning, prevention, termination, etc. by the fact that it is aimed at preventing the development of the subjective side of an offense at its initial stage. The effect of prevention is to have a psychological impact on a person and is aimed at preventing the realization of his/her thoughts of an unlawful nature. The author identifies the features of prevention of offenses in the Armed Forces of Ukraine, in particular: a) prevention is a preventive action aimed at preventing the occurrence of undesirable consequences of violation by the military personnel of the Armed Forces of Ukraine of the norms of military, administrative, criminal and other legislation; b) prevention is applied at the stage of formation of intent and motives for illegal activity; c) prevention measures may be implemented only by authorized entities within their competence; d) prevention is aimed at the consciousness of a potential offender, its goal is to change the motives, moods, values, and psychological attitudes of a person at the psychological level; e) compared to warning, prevention, and suppression, the result of prevention is better, as it is not burdened by the consequences of actions and does not require other measures. The author proposes that prevention of offenses in the Armed Forces of Ukraine should be understood as actions aimed at eliminating, neutralizing or weakening the factors which give rise to or contribute to crime, offenses and other illegal actions in this environment. It is proved that prevention of offenses in the Armed Forces of Ukraine: a) is a separate type of law enforcement activity implemented in the field of military service relations among a special category of subjects (military personnel of the Armed Forces of Ukraine); b) is an integral part of the general social system of prevention of offenses; c) has its own specifics due to the legal status of subjects, methods and means of implementation, conditions and procedure for implementation. It is concluded that the concepts of prevention and prevention of offenses in the Armed Forces of Ukraine are similar but not identical. The concept of prevention has a wider scope and application, since it is aimed at leveling the preconditions for the causes and conditions of crime and provides for a neutralizing effect on a person at the stage of formation of the intent and motives of his/her illegal activity. Both prevention and prophylaxis have a common goal, which is to minimize and prevent the commission of crimes and offenses by military personnel. The content of prevention and prophylaxis is related not only to early, preliminary response to violations of military discipline, crimes and offenses in the Armed Forces of Ukraine, but also to legal education of servicemen who have committed or may commit offenses, and creation of conditions for their prevention.
Author: Maria Koba
Institution: Kyiv Institute of the National Guard of Ukraine
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411834102