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Journal articles on the topic 'Criminal responsibility; desertion; military'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Dwi, Tatak Subagiyo. "Criminal Accountability of Members of the Indonesian National Army (TNI) Who Perform Desersion." International Journal of Social Science And Human Research 06, no. 06 (2023): 3389–99. https://doi.org/10.5281/zenodo.8029452.

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This study aims to find out the form of criminal responsibility for members of the TNI who commit crimes and the efforts of TNI deserters who commit criminal acts of desertion to reunite. This research is a normative research which seeks to study and explore and find answers about what should be from every problem based on norms, not examining social phenomena that occur as a result of legislation. The approach used in this study is a statutory approach and a conceptual approach. This approach is used because in solving the problems in this study, it will refer to existing and related laws. Th

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2

Monballyu, Jos. "Desertie naar de vijand in het Belgische frontleger tijdens de Eerste Wereldoorlog. Deel 2." WT. Tijdschrift over de geschiedenis van de Vlaamse beweging 72, no. 2 (2013): 140–75. http://dx.doi.org/10.21825/wt.v72i2.12214.

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Over de motieven waarom Belgische militairen tijdens de Eerste Wereldoorlog naar de Duitse vijand deserteerden is al veel geschreven. Volgens de Franstalige patriottische pers en literatuur van kort na de Eerste Wereldoorlog was die desertie uitsluitend te wijten aan de defaitistische ingesteldheid van de Vlaamse Frontbeweging en de talrijke aansporingen waarmee hun vier afgezanten naar de Duitsers (Jules Charpentier, Karel De Schaepdrijver, Vital Haesaert en Carlos Van Sante) de Vlaamse soldaten aan het IJzerfront bestookten. De Vlaamse historici probeerden die beschuldiging op allerlei manie

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3

Agildin, Vladimir, and Elena Bodrova. "A Soldier as a Subject of a Crime Related to the Desertion of a Military Unit or Place of Service." Academic Law Journal 22, no. 4 (2021): 344–51. http://dx.doi.org/10.17150/1819-0928.2021.22(4).344-351.

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The scientific article is devoted to the problem of determining the subject of a crime, provided for in article 337 of the Criminal Code of the Russian Federation, that is, a desertion of a military unit. The issues of determining the subject of desertion of a unit or a place of service are considered. The circle of persons who may be the subjects of the crime in question has been determined: a soldier doing military service by conscription, a soldier doing military service under a contract, servicemen serving a sentence in a disciplinary military unit, cadets of military educational instituti

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4

Зозуля, І. В., та О. І. Довгань. "Війна та дезертирство: засади правового регулювання в Україні". Форум права 73, № 2 (2022): 60–79. https://doi.org/10.5281/zenodo.6471065.

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<strong>Постановка проблеми. </strong>Військове дезертирство є всесвітньою проблемою, яка незалежно від обов'язковості чи ні військової служби розглядається як кримінальний злочин і переважно прирівнюється до зради, й тому потребує особливого дослідження. Здебільшого військовослужбовців до дезертирства спонукають причини, які відносяться до соціально-психологічної сфери діяльності людини, що особливо загострюються під час війни. З введенням в Україні правового режиму воєнного стану та початком широкомасштабної військової агресії росії проти нашої держави особливій увазі надається криміналь

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5

Kolomiets, N. V., and A. V. Brovko. "Criminal-legal characteristics of military criminal offenses." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 574–78. http://dx.doi.org/10.24144/2788-6018.2024.02.97.

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The article emphasizes that the topic of military criminal offenses is extremely relevant in the context of violations of legality and discipline in the military sphere. Taking into account the change in the geopolitical environment, the increase in threats to national security, the spread of armed conflicts and hostilities, these problems become especially important. It is noted that the legislation establishing liability for military offenses has many problems in this area, because the conflict between criminal and administrative liability of military personnel remains unresolved, there is n

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6

Yury, Belonogov. "Evolution of State Policy Towards Labour Desertion in 1944-1945." TECHNOLOGOS, no. 2 (2021): 44–56. http://dx.doi.org/10.15593/perm.kipf/2021.2.04.

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The object of scientific research was the evolution of legislation and its law enforcement practice with respect to the deserters from military industrial enterprises at the final stage of World War II. This evolution formally suggested an obvious change of emphasis in the penal policy of labour mobility control: from toughening law enforcement practices to realization of large-scale amnesties of workers who arbitrarily left their places of work.On the basis of the local archival materials the author analyzes practical implementation of innovations reflected in the Decree of the Government of

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7

Yury, Belonogov. "Implementation of the Supreme Soviet Presidium Decree of June 26, 1940 in July ‒ December 1941 (on the Materials of Perm Region)." TECHNOLOGOS, no. 3 (2020): 5–21. http://dx.doi.org/10.15593/perm.kipf/2020.3.01.

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It is considered the law enforcement practice of implementing the Decree of 26 June 1940 before the adoption of the Decree of 26 December 1941, which increased the criminal penalty for desertion from the labour front. On the basis of statistics on the number of convicted and excluded from the party for violations of labour discipline the author points out the refusal of the party-State authorities to continue the unsystematic punitive policy. This refusal was manifested in the purposeful division of violators of labour discipline into "malicious" and "accidental," in the rules on prevention of

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8

Hadi Syahputra, Eko. "Criminal Law Policy On The Crime Of Desertion Performed By Members Of The Indonesian National Army." International Journal of Educational Research & Social Sciences 3, no. 4 (2022): 1459–72. http://dx.doi.org/10.51601/ijersc.v3i4.448.

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An absolute requirement in military life is to comply with TNI regulations and official orders from each superior in order to uphold a life in the military that is full of high awareness. If these things are violated (desertion), it will only shake the joints of discipline and order in the TNI. The formulation of the problems in this study are: 1) What is the criminal law policy on desertion crimes committed by members of the Indonesian National Armed Forces? 2) What are the obstacles to criminal law policies against desertion crimes committed by members of the Indonesian National Armed Forces

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9

Akhmad Alfin, Esti Ningrum, Agoes Djatmiko, and Haris Kusumawardana. "Penerapan Hukum Militer Terhadap Anggota Militer Yang Melakukan Desersi Berdasarkan Kitab Undang- Undang Hukum Pidana Militer." Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma 26, no. 2 (2024): 27–37. http://dx.doi.org/10.51921/chk.8w8fcn18.

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The aim of this research is to determine the process of applying military law to military members who commit the crime of desertion based on the military criminal code and to find out the obstacles to military law against military members who commit the crime of desertion based on the military criminal code. The type of research in writing this thesis is normative juridical research, and the approach method used is law, analytical and case approaches with clinical legal research writing of a perspective nature. The data collection technique was a literature study. The results show that the app

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10

Prakamto, Rudy Dwi, Teguh Prasetyo, and Sator Sapan Bungin. "Implementation of the Military Law on Military Members Involved in the Crime of Desertion." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 4, no. 1 (2024): 442–56. https://doi.org/10.57235/aurelia.v4i1.3767.

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Desertion is a military crime involving members of the Indonesian National Armed Forces (TNI) leaving their duties or military obligations without proper authorization from their superiors. Desertion has serious implications for military discipline, cohesion, and operational efficiency, and it can threaten national defense. The legal enforcement of desertion offenses is regulated under the Military Penal Code (KUHPM), particularly Articles 87 and 88. The process of handling desertion cases involves investigation by the Military Police (POM), investigation by military investigators, and trial b

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11

Sailellah, Aswin Nugraha. "Application of Military Law Against TNI Members Who Commit Desertion Crimes." Jurnal Hukum Volkgeist 5, no. 2 (2021): 115–29. http://dx.doi.org/10.35326/volkgeist.v5i2.846.

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This study aims to: 1) To analyze the application of military criminal law against members of the TNI perpetrators of desertion crimes; 2) To analyze the constraints in the enforcement of miiliter criminal law against members of the TNI perpetrators of desertion crimes. This study uses normative-empirical legal research, while the data analysis used is qualitative approach to primary data and secondary data. where in analyzing / processing data first held organizing of primary data obtained through related legislation and literature. Then the collected data is then discussed, compiled, elabora

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12

Wibowo, Dava Prawira. "The Decide Trials in Absentia in Desertion Crimes." Ius Poenale 4, no. 1 (2023): 61–74. http://dx.doi.org/10.25041/ip.v4i1.2963.

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Military Members are limited by Laws and Military regulations so all the actions that are undertaken must also be based on Applicable laws and regulations. One of the most common crimes committed within the TNI is a criminal act of desertion desertion is the most prominent crime and must be done immediately resolved because it involves the integrity of the troop, it is necessary to regulate it specifically in order to be immediately decided and obtain legal certainty. However what if the military personnel who committed the crime of desertion could not found its existence or in this case the e

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13

Heru Rustaman and Dini Dewi Heniarti. "Penegakan Hukum terhadap Tindak Pidana Militer Desersi di Wilayah Hukum Pengadilan Militer II-09 Bandung Ditinjau dari Aspek Hukum Pidana Militer." Bandung Conference Series: Law Studies 4, no. 2 (2024): 1049–55. http://dx.doi.org/10.29313/bcsls.v4i2.15606.

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Abstract. Desertion is a criminal offense caused by the absence of a military person without the permission of his immediate superior, at a place and time determined by the service, by running away from the unit and leaving military service, or leaving by leaving, running away without permission. Desertion is a purely military crime regulated in article 87 of the Military Criminal Code. In the jurisdiction of Military Court II-09 Bandung in the period from 2021 to 2023 there were 167 (one hundred and sixty) dissent cases. When compared with other crimes, desertion is always the highest crime c

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14

Akhmad Alfin, Esti Ningrum, Agoes Djatmiko, and Haris Kusumawardana. "Penerapan Hukum Militer Terhadap Anggota Militer Yang Melakukan Desersi Berdasarkan Kitab Undang- Undang Hukum Pidana Militer." Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma 26, no. 2 (2024): 27–37. http://dx.doi.org/10.51921/8w8fcn18.

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The aim of this research is to determine the process of applying military law to military members who commit the crime of desertion based on the military criminal code and to find out the obstacles to military law against military members who commit the crime of desertion based on the military criminal code. The type of research in writing this thesis is normative juridical research, and the approach method used is law, analytical and case approaches with clinical legal research writing of a perspective nature. The data collection technique was a literature study. The results show that the app

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15

KUSUMA PURWANTA, I. WAYAN, Anak Agung Sagung Laksmi Dewi, and Ni Made Sukaryati Karma. "Akibat Hukum Bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer Iii-14 Denpasar." Jurnal Konstruksi Hukum 2, no. 1 (2021): 123–27. http://dx.doi.org/10.22225/jkh.2.1.2980.123-127.

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 The Republic of Indonesia is a State based on Law. Every Indonesian citizen is obedient and submissive to the law including Indonesian National Army Soldiers (TNI). Soldiers of the Indonesian National Army besides submitting to general legal rules such as the Criminal Code (KUHP) and also subject to special rules that only apply to soldiers of the Indonesian National Army namely the Criminal Law Code Military (KUHPM) and Military Disciplinary Law (KUHDM). Discipline is a basic milestone for Indonesian National Army Soldiers in carrying out their duties. If a Indonesian National Army Sol

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16

Giska Fajari, Nurwidya Kusma Wardhani, and Irwan Triadi. "Tinjauan Hukum Terhadap Tindak Pidana Desersi Anggota TNI." Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2, no. 1 (2024): 67–75. https://doi.org/10.62383/desentralisasi.v2i1.388.

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This study aims to examine the review of military law for cases of desertion committed by TNI members in the unit. Military law review in criminal cases at Ajendam XVIII/Kasuari in 2018 committed by one of its members. We know that as stipulated in the TNI Law, every member of the TNI has an obligation to submit to official matters. When not complying with these regulations, there will be legal consequences for this. The method of data collection is carried out by means of literacy studies and laws and regulations and conducting qualitative descriptive data analysis to find out how the legal r

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17

Nainggolan, Yolanda, and July Esther. "Legal Settlement of The Crime of Desertion in Absentia in The Jurisdiction of Military Court I-02." Golden Ratio of Data in Summary 5, no. 2 (2025): 278–83. https://doi.org/10.52970/grdis.v5i2.823.

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One type of criminal offense that is often committed by Indonesian National Army (TNI) Soldiers is the crime of desertion as regulated in Law Number 39 of 1947 concerning the Military Criminal Code (KUHPM) precisely in Article 87 which is an act committed by a TNI Soldier to leave military service without superior permission, at a specified time and place. The crime of desertion has the main characteristic of unauthorized absence committed by an army person at a place. The absence can be in the form of traveling to a place, hiding oneself, crossing the enemy, entering the military service of a

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18

Sangkara, Rismoyo Kurnia, and Riska Andi Fitriono. "Penanggulangan Tindak Pidana Desersi di Oditurat Militer (Studi Kasus di Oditurat II-07 Jakarta)." PLEDOI (Jurnal Hukum dan Keadilan) 3, no. 1 (2024): 48–58. http://dx.doi.org/10.56721/pledoi.v3i1.308.

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Soldiers of the Indonesian National Army (TNI) are expected to be ready to carry out their duties and obligations and obey the rules and traditions of the command, but it has become a common thing in the military today if soldiers leave their unit without giving reasons or permission from their superiors. In addition to law enforcement activities, the purpose of this study is to identify the factors that contribute to the occurrence of the crime of desertion of TNI members. The method used in this research is Juridical-Empirical research, where information is collected through interviews with

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19

Pietrzak, Radosław. "Przestępstwa dezercji i samowolnego oddalenia się żołnierza w Związku Socjalistycznych Republik Sowieckich i Polskiej Rzeczypospolitej Ludowej." Miscellanea Historico-Iuridica 19, no. 2 (2020): 297–318. http://dx.doi.org/10.15290/mhi.2020.19.02.14.

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Crimes of desertion and self moving away has been a problem since armed forces have been existing. In the past, crime of desertion mostly had been punishable by the death penalty and in combat situations, combat officers could even kill a deserter without any criminal trial or disciplinary proceedings. When progressive humanitarianization was in progress, penalties for discussed crimes were gradually liberalized in the entire world. Those acts have negative influence not only on the morale of the army and its strength as a consequence, but it can also be bad for society. On the other hand, the

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20

Mbotengu, Noris, Yulia A. Hasan, and Basri Oner. "PENEGAKAN HUKUM TERHADAP ANGGOTA TNI - AD YANG MELAKUKAKAN DISERSI DI KODAM XIV/HASANUDDIN." Indonesian Journal of Legality of Law 6, no. 1 (2023): 74–77. http://dx.doi.org/10.35965/ijlf.v6i1.3836.

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Penelitian bertujuan untuk mengetahui penyebab Desersi di wiliayah Kodam XIV/Hsn, dan langkah-langkah penanganan terhadap pelaku Desersi di wiliayah Kodam XIV/Hsn, dengan metode menggunakan penelitian hukum normatif-empiris, adapun analisa data yang dipergunakan adalah pendekatan kualitatif data primer dan data sekunder. Pengolahan data terlebih dahulu diadakan pengorganisasian terhadap data primer yang diperoleh melalui perundang-undangan terkait dan kepustakaan. Data yang terkumpul selanjutnya dibahas, disusun, diuraikan, dan ditafsirkan, serta dikaji permasalahan sehingga diperoleh suatu ke

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21

Irena Rzeplińska. "Polityka stosowania kary konfiskaty mienia w PRL." Archives of Criminology, no. XVIII (August 19, 1992): 147–67. http://dx.doi.org/10.7420/ak1992d.

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Fofeiture of property is the most severe of all penalties affecting property that have ever been imposed in hisiory. It consists in the convicted offender’s property being taken over – wholly or in part – by the treasury. The paper deals with the history of this particular penalty in the criminal policy of Polish People’s Republic in the years 1944–1990. The penalty of forfeiture of property was not provided for in the 1932 penal code (which remained in force till December 31, 1969). It appeared in the legislation shortly before World War II, in the act of June 23, 1939 on special criminal res

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22

Djarkasih Putro, Sapto Handoyo, Nazaruddin Lathif, John P. Simanjuntak, and Lilik Prihatini. "Application of Criminal Sanctions Against Indonesian National Army Soldiers Perpetrators of the Crime of Desertion." International Journal of Multicultural and Multireligious Understanding 10, no. 12 (2023): 23. http://dx.doi.org/10.18415/ijmmu.v10i12.5398.

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Soldiers of the Indonesian National Army (abbreviated as TNI) have been specially prepared to guard, protect and defend the security and sovereignty of the Unitary State of the Republic of Indonesia (NKRI). In carrying out their duties, TNI members are limited by military laws and regulations, so that all actions they carry out must be based on applicable laws and regulations. In order to guarantee and support the implementation of the TNI's important roles and tasks, special regulations have been made that apply to TNI members, in addition to general regulations. In carrying out their duties

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23

Pramudaya, Vincentius, Sujono Sujono, and Sudarto Sudarto. "LEGAL ANALYSIS OF TNI SOLDIERS WHO COMMIT THE CRIMINAL ACT OF DESERTION IN THEIR JURISDICTION TGKH. M. ZAINUDIN ABDUL MADJID AIR FORCE BASE." LITERATUS 6, no. 1 (2024): 348–59. http://dx.doi.org/10.37010/lit.v6i1.1682.

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The Indonesian National Army (TNI) is part of Indonesian society that is trained and educated to maintain the integrity of the Republic of Indonesia. TNI has a life guideline in carrying out its official life, namely Sapta Marga and the Soldier's Oath to improve discipline in the TNI's official life. However, TNI members are only ordinary people, not free from mistakes and actions related to crime. One of them is the crime of desertion during peacetime. The crime of desertion during peacetime is a crime committed by military members by mistake or intentionally being absent without permission f

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24

Shira, Casta Aurellia Irwan Triadi. "Eksistensi Peradilan In Absentia Dalam Kasus Tindak Pidana Korupsi Oleh Angkatan Bersenjata di Pengadilan Militer." Socius: Jurnal Penelitian Ilmu-Ilmu Sosial 1, no. 4 (2023): 91–95. https://doi.org/10.5281/zenodo.10201239.

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<i>Purpose of this writing is to determine the existence of in absentia trials in military law, especially in trying cases of criminal acts of corruption involving the armed forces in military courts. The existence of trials in absentia, in military courts, is a complex and controversial legal issue. Trial in absentia refers to a trial conducted without the presence of the defendant in the trial process in the courtroom. In military criminal law, this trial is only regulated for the crime of desertion. This then raises ethical debates regarding how to apply trial in absentia in cases of other

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25

Monballyu, Jos. "Desertie naar de vijand in het Belgische frontleger tijdens de Eerste Wereldoorlog. Deel 1." WT. Tijdschrift over de geschiedenis van de Vlaamse beweging 72, no. 1 (2013): 39–67. http://dx.doi.org/10.21825/wt.v72i1.15953.

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Over het aantal Belgische militairen dat tijdens de Eerste Wereldoorlog aan het IJzerfront naar de Duitse vijand deserteerde is al veel geschreven. Dit gebeurde dan telkens op basis van secondaire bronnen, zoals de akte van beschuldiging in het strafproces van Adiel Debeuckelaere, de cijfers die Minister van Justitie Émile-Paul Janson op 6 november 1928 in de Kamer van volksvertegenwoordigers meedeelde, een Duits rapport van 1918 en de cijfers die auditeur-generaal John Gillissen over dat onderwerp vermeldde in een artikel over de Belgische militaire gerechtelijke organisatie tussen 1830 en 19

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Sobko, Ganna, Natalia Chenshova, Maksym Viunyk, Tetiana Duiunova, and Evgenia Palii. "Characteristics of punishment for property embezzlement and appropriation by military personnel through abuse of office." Legality : Jurnal Ilmiah Hukum 31, no. 1 (2023): 157–80. http://dx.doi.org/10.22219/ljih.v31i1.25933.

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The article is focused on the analysis of legislative regulation of sentencing and exemption from punishment of persons who have committed criminal offenses connected with the appropriation and embezzlement of military property by military personnel through the abuse of official position. The variability of responsibility for the appropriation and embezzlement of military property was analyzed, beginning with the Criminal Code of 1960, the effective Criminal Code of 2001, and the draft of new criminal legislation on this criminal offense. This study employed a comparative legal analysis of res

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27

Bodaevskiy, V. P. "Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel." Lex Russica 73, no. 6 (2020): 97–109. http://dx.doi.org/10.17803/1729-5920.2020.163.6.097-109.

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Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based o

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Yury, Belonogov. "Evolution of the Criminal Legislation of the USSR in Relation to Labor Desertion during the Great Patriotic War." TECHNOLOGOS, no. 2 (2025): 48–59. https://doi.org/10.15593/perm.kipf/2025.2.04.

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The article analyzes the development of criminal legislation in the field of combating unauthorized abandonment of a place of work (labor desertion) during the Great Patriotic War. This scientific problem seems relevant in modern historiography in the following context of the unfolding discussions: thanks to or contrary to the criminal punishment for desertion from factories labor resources in Soviet industry were ring-fenced; how effectively labor legislation, with the help of punitive measures, could reduce the severity of the problem of unauthorized abandonment by employees of their place o

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29

Zakomoldin, R. V. "Special Military Criminal Penalties: Status and Prospects." Siberian Law Herald 4, no. 91 (2020): 67–71. http://dx.doi.org/10.26516/2071-8136.2020.4.67.

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Presents an analysis of the problems of legislative regulation and practice of applying special military types of criminal punishment under the current military criminal legislation of the Russian Federation. Close attention is paid to such types of military criminal penalties as deprivation of military ranks, restriction on military service, detention in a disciplinary military unit and arrest with detention in the guardhouse. The definition of “special military criminal penalties”is formulated. The classification of these punishments into types on various grounds is given. The author analyze

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Komissarov, Mykola, and Natalia Komissarova. "PECULIARITIES OF CRIMINAL LIABILITY OF MILITARY PERSONNEL IN NATO MEMBER COUNTRIES." Науковий вісник Київського інституту Національної гвардії України, no. 1 (June 30, 2025): 117–24. https://doi.org/10.59226/2786-6920.1.2025.117-124.

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The article examines the legal regulation of criminal liability of military personnel in NATO member countries through a comprehensive comparative legal analysis. This research investigates the diverse approaches to military criminal legislation across the Alliance, identifying both common elements and distinctive features in the legal mechanisms for prosecuting military personnel. The study reveals that NATO member states have developed two primary models of military criminal legislation: countries with separate military criminal codes (such as the United States, United Kingdom, Poland, and T

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Kolomiiets, N. V., and Ye Yu Luhyna. "UNAUTHORIZED LEAVING OF A MILITARY UNIT OR PLACE OF SERVICE: PROBLEMATIC ASPECTS OF QUALIFICATION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2024, no. 1 (2024): 9–20. http://dx.doi.org/10.32755/sjcriminal.2024.01.009.

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The authors of the article emphasize that, given the contemporary conditions in Ukraine necessitating legislative changes, particularly those concerning the reinforcement of criminal liability for offenses committed during a state of war, it is also crucial to undertake a scholarly analysis of legislative novelties. This analysis can substantiate their feasibility or, conversely, identify legal issues they may engender, such as conflicts, gaps, competition between legal norms, and so forth. It is noted that military criminal offenses are outlined in Section XIX of the Special Part of the Crimi

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Zakomoldin, Ruslan V. "Criminal Law Influence on Military Servicemen in the Military Security Assurance Mechanism." Military juridical journal 3 (March 4, 2021): 7–10. http://dx.doi.org/10.18572/2070-2108-2021-3-7-10.

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The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formula

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Sarnavskyi, Oleksandr. "Differentiation of criminal liability for war crimes." Legal Ukraine, no. 6 (July 17, 2020): 55–61. http://dx.doi.org/10.37749/2308-9636-2020-6(210)-7.

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The article is devoted to the study of the system of means of differentiation of criminal liability for war crimes provided by the General and Special Parts of the Criminal Code of Ukraine. An analysis of the norms of the institute of release from punishment and its serving, the institute of criminal record, which reduced the criminal-legal influence on servicemen who committed war and general criminal offenses. A comprehensive analysis of the norms of military legislation and the norms of the institute of criminal responsibility and punishment of minors on the expediency of mitigating the lia

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Eder, P. "Concept and types of war crimes and the order of their investigation in the Ukrainian People's Republic for the Central Rada." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 34–38. http://dx.doi.org/10.24144/2788-6018.2023.06.5.

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The article carries out a historical and legal analysis of the concept and types of war crimes and the order of their investigation in Ukraine under the Central Rada. It is shown that at the beginning of the Ukrainian Revolution, the «Military Criminal Statute» in the edition of July 1, 1879, with some later additions, remained in force in the military chronicles. More than 90% of the considered cases before the start of the Ukrainian revolution concerned: 1) voluntary desertion of a military unit (escape); 2) not showing up for duty at the specified time; 3) violation of the order and rules o

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Puzyrov, M. "THE CONCEPT AND CONTENT OF THE NORMATIVE AND LEGAL SUPPORT FOR THE ACTIVITY OF THE STATE BUREAU OF INVESTIGATION AS A SUBJECT OF PREVENTING MILITARY CRIMINAL OFFENSES UNDER MARTIAL LAW." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2025, no. 1 (2025): 105–19. https://doi.org/10.32755/sjcriminal.2025.01.105.

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The article is dedicated to the formulation of the definition for the concept of «normative and legal support for the activity of the State Bureau of Investigation as a subject of preventing military criminal offenses under martial law» and the analysis of the system-forming features that make up its content. The author’s definition for the concept of «normative and legal support for the activity of the State Bureau of Investigation as a subject of preventing military criminal offenses under martial law» is formulated, under which it is proposed to understand the consolidation and guaranteeing

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Damanik, Salomo, Hisar Siregar, and Jusnizar Sinaga. "Military Legal Responsibility for Members of the Indonesian Army Who Commit Dispersion." Formosa Journal of Multidisciplinary Research 4, no. 3 (2025): 1049–60. https://doi.org/10.55927/fjmr.v4i3.95.

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This study aims to determine the form of criminal liability for military personnel who commit crimes, especially for deserters who return to their units. This research is normative, based on legal norms in laws, legal decisions, and norms applicable in society. Data is obtained from literature, legislation, and Military Court decisions. The analysis is conducted descriptively by examining the content and structure of positive law to understand the meaning of the rules used in resolving legal issues. The study results show that the form of criminal liability for deserters is regulated in Articl

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Demianovskyi, V. V. "GENESIS OF CRIMINAL RESPONSIBILITY FOR APPROPRIATION, POSSESSION OF MILITARY PROPERTY USING OFFICIAL RANK COMMITTED BY A MILITARY OFFICER." Actual problems of native jurisprudence 5, no. 5 (2021): 76–80. http://dx.doi.org/10.15421/392202.

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The article provides a comprehensive study of the emergence and development of criminal liability for dishonest appropriation, military property acquiring through abuse of official rank committed by a military official. The research of normative-legal acts of different periods of origin of the Ukrainian statehood is carried out, in particular disclosing the essence of responsibility for dishonest appropriation, military property obtained through abuse, misuse of official rank performed by a military officer. Such normative legal acts are Russkaya Pravda, Sudebniki of 1468, 1550, Statutes of 15

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Tkachenko, Р. І. "Strengthening liability for unauthorised abandonment of a military unit or place of service in the light of current criminal law issues." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (2023): 189–200. http://dx.doi.org/10.32631/v.2023.2.48.

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The norm of criminal law in the part of crimes against the established procedure of military service, namely, unauthorized abandonment of a military unit or place of service, has been considered. The chronology of the formation of Article 407 of the Criminal Code of Ukraine has been characterized, the acquired changes, in particular, both in terms of disposition and sanctions. A comparative analysis of draft laws that increase criminal liability for unauthorized abandonment of a military unit or place of service has been carried out. The dispositions that took place in the application of chang

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Cherviakova, Oksana, and Vladyslav Mekheda. "Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine." Problems of Legality, no. 152 (March 29, 2021): 8–18. http://dx.doi.org/10.21564/2414-990x.152.223328.

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This paper addresses the question of the criminalization of war crimes, which are compared at the international and internal legislative level under military law. Considering current threats to the international legal order and security system, justice and defence sector actors, military lawyers and research fellows in military law are faced with the problems of the concept of responsibility for the most serious crimes in the world. The adoption of the Rome Statute of the International Criminal Court in 1998 raises the question of the internal legislation validity. The states Parties to Intern

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Cherviakova, Oksana, and Vladyslav Mekheda. "Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine." Problems of Legality 2021, no. 152 (2021): 8–18. https://doi.org/10.21564/2414-990X.152.223328.

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This paper addresses the question of the criminalization of war crimes, which are compared at the international and internal legislative level under military law. Considering current threats to the international legal order and security system, justice and defence sector actors, military lawyers and research fellows in military law are faced with the problems of the concept of responsibility for the most serious crimes in the world. The adoption of the Rome Statute of the International Criminal Court in 1998 raises the question of the internal legislation validity. The states Parties to I

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WANG, Jiahui. "An Examination of Dilemmas in Executing Illegal Military Orders and A Forward-Looking Exploration of Potential Avenues." Frontiers of Chinese Social Sciences 1, no. 3 (2024): 27–34. http://dx.doi.org/10.48014/fcss.20240508001.

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The regulation of executing illegal military orders constitutes a gap in China's criminal law system. In contrast to the internationally evolving paradigm of “no exemption from liability for executing illegal orders, ” China's current criminal law solely stipulates the responsibility of commanders who issue improper orders, while remaining silent on the accountability of subordinate military personnel who execute such illegal military orders. To address this, a model of criminal accountability under the principle of “no exemption for superior orders” could be established within Chapter 10 of C

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LEȘCU, Anatolie. "New data on the practice of desertions from the Red (Soviet) Army as an expression of the anti-Soviet resistance of the Moldavian SSR population in the years 1944-1954." BULLETIN OF "CAROL I" NATIONAL DEFENCE UNIVERSITY 13, no. 4 (2025): 46–53. https://doi.org/10.53477/2284-9378-24-48.

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The history of the eastern part of what used to be Moldova, or the eastern area of Romanian territory located in the Pruto-Nistrean interfluve, which later became known as Bessarabia, is a tragic and turbulent one. In the last 200 years alone, this territory has undergone three occupations and annexations, all carried out by the Russian state in different forms: 1812, 1940, and 1944. The Sovietization of Moldova after the subsequent occupation of Bessarabia in the summer of 1944 proceeded with great difficulties, as the artificially created population of the Moldavian SSR resisted Soviet autho

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Harust, Y. V., and T. V. Tereshchenko. "Normative and legal regulation of the military sphere in Ukraine." Legal horizons, no. 24 (2020): 64–71. http://dx.doi.org/10.21272/legalhorizons.2020.i24.p64.

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This article is devoted to the study of the current state and trends in the legal regulation of the military sphere in Ukraine. In the process of studying the legal regulation of the military sphere in Ukraine, the authors revealed the concept, essence, legal regulation and areas for improvement of this area. The authors divided the legal regulation of the military sphere in Ukraine into 5 different groups, to which they referred: constitutional regulation (Constitution of Ukraine); codes of Ukraine (Water Code of Ukraine, Forest Code of Ukraine, Air Code of Ukraine and others); other special

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Bodaevsky, Viktor P. "The effect of the Russian criminal law regarding military crimes in space." Gosudarstvo i pravo, no. 7 (2022): 80. http://dx.doi.org/10.31857/s102694520020997-7.

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The article analyzes the specifics of the application of special legal norms provided for in Articles 11 and 12 of the Criminal Code of the Russian Federation: on the operation of the criminal law against persons who committed a crime on a military ship or military aircraft of the Russian Federation; on the operation of the criminal law against military personnel of military units of the Russian Federation stationed outside the Russian Federation. It is stated that full criminal jurisdiction extends to: warships or military aircraft of the Russian Federation, regardless of their location; troo

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Khan, Dr Muhammad Asif, Dr Muhammad Fayaz, and Umar Niaz Khan. "Liability of the Private Military Companies for Violations of International Humanitarian Law." Journal of Law & Social Studies 4, no. 2 (2022): 247–61. http://dx.doi.org/10.52279/jlss.04.02.247261.

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In the wake of the privatization of war, new international players known as private military companies have been given the opportunity to actively engage in many armed conflicts throughout the world. They provide a variety of services such as combat services, logistical support, operational support, intelligence, border monitoring, and providing security guards in exchange for monetary compensation. During armed conflicts workers of these military companies can violate international law, including provisions of international humanitarian law. Under the international humanitarian law, the indiv

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Landina, Anna Valentynivna. "Modern challenges of criminal law counteraction to violent crimes committed by special subjects." Alʹmanah prava, no. 15 (September 1, 2024): 307–12. https://doi.org/10.33663/2524-017x-2024-15-307-312.

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In the modern conditions in which Ukrainian society found itself — a full-scale war, the introduction of martial law — the legislator and law enforcers of the norms of criminal law faced problems related to bringing to justice for criminal offenses, in particular, of a violent nature. Criminal liability for violent criminal offenses with a special subject and a special victim needs additional research. This applies to violent criminal offenses committed by and against military personnel (certain types of military criminal offences), military and civilian personnel of the occupying country. The

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Bodaevsky, V. "The concept and essence of criminal responsibility of military." Gosudarstvo i pravo, no. 5 (May 2019): 123–33. http://dx.doi.org/10.31857/s013207690004885-5.

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Lippman, Matthew. "The Evolution and Scope of Command Responsibility." Leiden Journal of International Law 13, no. 1 (2000): 139–70. http://dx.doi.org/10.1017/s0922156500000108.

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The statute of the newly established international criminal court provides for command responsibility; the vicarious liability of civilian and military officials for the internationally proscribed conduct of their subordinates. The interpretation of this provision requires an understanding of the doctrine's complex and convoluted evolution. The Geneva Protocol of 1977 created a measure of uniformity. The Geneva Protocol, along with the Delalić decision of the trial chamber of the Criminal Tribunal for the Former Yugoslavia, likely will inform the interpretation of command responsibility under

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Maydykov, Andrey А., Alexander V. Parfenov, Alexander E. Ogurtsov, and Sergey O. Konashenkov. "The impact of a special military operation on the transformation of crime in the Russian Federation (criminological and legal aspects)." Gaps in Russian Legislation 18, no. 1 (2025): 131–40. https://doi.org/10.33693/2072-3164-2025-18-1-131-140.

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This article examines the impact of CSR on the transformation of crime in the Russian Federation with an emphasis on the emergence of new trends in the criminal law sphere. The crimes that have arisen in the context of the SVO, such as looting, desertion, false reports and cyber attacks, are investigated, as well as an analysis of the recently introduced elements of crimes in the Criminal Code of the Russian Federation. Special attention is paid to crimes committed using information and telecommunication technologies, which have become increasingly significant in recent years. Statistical data

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Drobot, Sergey A. "Participation in Military Operations and Circumstances Precluding the Criminality of the Act." Bulletin of Chelyabinsk State University Series Law 8, no. 4 (2023): 46–49. http://dx.doi.org/10.47475//2618-8236-2023-8-4-46-49.

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This article examines the issues of a person’s participation in hostilities from the point of view of the current criminal legislation. The constitutional obligation (and in some cases the constitutional right) to participate in military operations presup-poses the inadmissibility of bringing a person to criminal responsibility for causing harm to a military opponent. However, what is seen as obvious from a social point of view is not so clear from a criminal law point of view. The author expressed his opinion on this legal confl ict, taking into account the social, constitutional, legal and c

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