Qualifying signs of violation of statutory rules of relations between servicemen in the absence of subordination relations

The article is devoted to the criminal-legal analysis of the qualifying and especially qualifying features of the violation of the statutory rules of relations between servicemen in the absence of a relationship of subordination between them. A theoretical disclosure of the content of the concept of «qualifying features» in criminal law and its significance for the correct legal qualification of a criminal act has been carried out. Based on a systematic analysis of the provisions of Article 406 of the Criminal Code of Ukraine, a number of qualifying and especially qualifying features of the composition of the crime have been identified and characterized. The study identifies the qualifying features provided for in Part 2 of Article 406 of the Criminal Code of Ukraine, which include: violation of the statutory rules of relations between servicemen in the absence of a relationship of subordination between them, which manifested itself in the infliction of beatings or other violence against several persons, causing minor or moderate bodily injuries, mockery or mockery of a serviceman. Special attention is paid to the interpretation and meaningful filling of the specified signs, in particular: commission of a crime against several persons, minor bodily injuries and moderate bodily injuries as separate forms of qualifying consequences. Particular attention is focused on the definition of the concepts of «bullying» and «humiliation», their legal nature, content and meaning in the context of violation of the statutory rules of relations between military personnel. Their role in the formation of the objective side of the crime is revealed. Particularly qualifying signs of a crime are determined, in particular those contained in Part 3 of Article 406 of the Criminal Code of Ukraine, namely: commission of a crime by a group of persons, commission of a crime with the use of weapons, causing serious consequences, namely causing serious bodily injury or death to the victim; inducing suicide; destruction or damage to property, which caused significant material damage; unauthorized abandonment of a military unit or place of service or desertion; self-mutilation of the victim; failure to fulfill a combat mission; mass riots; disruption of the normal work (service) of the relevant units. Based on the analysis of judicial practice, for the purpose of an illustrative example, high-profile cases are given in which a crime was committed against several injured servicemen and with the use of weapons. As a result of the criminal law study, it was substantiated that the correct understanding and application of the qualifying and especially qualifying features of a crime provided for in Article 406 of the Criminal Code of Ukraine is a necessary condition for ensuring the legality and effectiveness of criminal law protection of military discipline and statutory order in the Armed Forces of Ukraine.