The concept and social danger of crime "threat or violence against a commander"

Abstract

The article analyzes the issues of public danger of war crime under Art. 405 of the Criminal code of Ukraine which provides criminal liability for threats or violence against a commander. Attention is drawn to the fact that the punishment for committing a crime shall be relevant in accordance with the damage caused to the military law and order in case of committing a crime. These factors shall be significant for strengthening the fight against war crimes by criminal law, which reached the critical extend during 2015-2019 and is a threat to the military security of our state.

The article reveals the issue of war crimes where the legislation has been repeatedly changed and improved, but crimes continue to pose public danger to the military law and order, and therefore remain in the Criminal Code of Ukraine in the "status" of war crimes (criminal offenses).

The article also states that public danger of a crime under Article 405 of the Criminal Code of Ukraine is determined by the fact that the threat that violates the established order can frighten the chief/commander, negatively affect their official activities, harm the life, immunity of the commander and chief, their health, personal mental and psychological integrity.

The crime makes it impossible for them to comply with the statutory requirements for military discipline and, in general, hinders the preservation of general respect and cooperation in achieving common goals, in particular protection of the citizens of Ukraine from the external enemy.

In addition, a common feature of the social danger of this group of crimes is the infliction of significant damage to public relations, ensuring proper coherence, orderliness in military units, combat readiness, combat capability of military formations on the basis of regulations and subordination and military honor.

This crime encroaches on the ability of the chief / commander to control the actions of subordinates in the interests of military discipline and order. Moreover, violent actions against a commander/chief that he is subject to in accordance with the requirements of military statutes, and has to protect in battle, are a gross form of violation of military discipline, which complicates the commander/chief's duties in military service and harms his health. Such actions against the commander/ chief may be revenge for their justified demands, so the criminal law classifies the act in question as a felony.

In addition, the author of the article draws attention to the need in court proceedings, to impose harsher sentences for a crime under Article 405 of the Criminal Code of Ukraine, threats or violence against the chief, to ensure general public protection.