Суб’єкт складу ухилення від призову за мобілізацією

Abstract

Досліджено особливості суб’єкта ухилення від призову за мобілізацією – на підставі аналізу даних, які характеризують як суб’єкта злочину, так й особу злочинця, доведена доцільність внесення змін до ст. 336 Кримінального кодексу України.

В статье исследованы особенности субъекта уклонение от призыва по мобилизации – на основании анализа данных, характеризующих как субъекта преступления, так и личность преступника, доказана целесообразность внесения изменений в ст. 336 Уголовного кодекса Украины.

The article is about features of subject of evasion of mobilization – after the analysys of data describing as well as subject of crime and the criminal identity, the author has proved the need to amend art. 336 of the Criminal code of Ukraine. The author has found that the subject of the crime stipulated by art. 336 of the Criminal Code of Ukraine is an individual, sane person who has reached the age of eighteen and is a reservist. Taking into account the presence of seven convicted servicemen for evasion from of mobilization during 2016-2017 the author has proposed to supplement art. 336 of the Criminal Code of Ukraine with the second part, which would stipulate criminal liability for the same acts, commited by a serviceman, since such cases are characterized by a higher level of danger and negatively affect the state of staffing of the military units and thus the defense capability of the country. There is a criminological portrait of a criminal who evade of mobilization: as a rule it is a law-abiding person of a male under the age of 35 who has either a vocational or secondary education, is a representative of workers' professions or, being able to work , does not work anywhere, but does not study, committed the crime for the first time and is characterized by a positive attitude to the law and the state, but does not want to fulfill the duty to protect the fatherland. The author has proved that art. 336 of the Criminal Code of Ukraine became a "changeover coin" in the achievement by law enforcement of performance indicators - in fact, the norm does not fulfill the protective and educational function of criminal law, and is secure in relation to those who apply it. A promising direction for further research is the study of the forms of the implementation of criminal responsibility for evasion of mobilization, as well as the foreign experience of legal regulation of the relations in order to improve the sanction of Art. 336 of the Criminal Code of Ukraine in such a way that the commission of such a crime was both morally and materially unprofitable, and the norm itself became a really extreme measure ensuring the order of maintaining the combat and mobilization readiness of the Armed Forces of Ukraine and other military formations of Ukraine at the level of the level established by law and other normative legal acts. , which guarantees an adequate response to threats to the national security of the state.