Qualification features of illegal deprivation of liberty or abduction of a person by a representative of authorities under martial law conditions

The article examines the qualification features of illegal deprivation of liberty or abduction of a person by a representative of the authorities under martial law. It is concluded that the qualification of illegal deprivation of liberty or abduction of a person by a representative of the authorities in the conditions of martial law has been not the subject of an independent scientific analysis. The aim of the research is to determine the algorithm for the qualification of illegal actions of a representative of the authorities, which are related to the illegal deprivation of liberty or abduction of a person under martial law. To realize the aim of the article, the following scientific methods have been used, such as: formal-dogmatic one has been used for legal analysis of the powers of servicemen of the Territorial centers of recruitment and social support and policemen during mobilization measures; the method of comparative analysis makes it possible to compare the degree of social danger of individual criminal offenses associated with liberty deprivation of a person by a representative of the authorities; the statistical method makes it possible to determine the quantitative indicators of individual criminal offenses related to the deprivation of liberty of a person by a representative of authorities. The methods of analysis and synthesis makes it possible to propose specific algorithms for criminal offenses qualification related to the deprivation of liberty of a person by a representative of the authorities. The research emphasizes that the mechanism of limiting constitutional human rights and freedoms in Ukraine under martial law conditions does not determine the possibility of limiting the rights and freedoms guaranteed in Art. 29 (right to freedom and personal integrity), Art. 55 (right to judicial protection), Art. 62 (presumption of innocence), Art. 63 (right to protection) of the Constitution of Ukraine. It was established that due to incorrectly set priorities and the absence of a clear mechanism for the implementation of mobilization norms, some representatives of the authorities distorted the mobilization by committing criminal offenses, in particular, illegal deprivation of liberty or abduction of a person. Artificial latency of criminal offenses related to mobilization committed by representatives of the authorities has been established. Qualification algorithms of the government representative actions who commits certain illegal actions during mobilization under martial law are proposed, such as: according to Art. 365 of the CC of Ukraine; Part 5 of Art. 426-1 of the CC of Ukraine; according to Part 1 of Art. 146-1 of the CC of Ukraine; according to Art. 186 of the CC of Ukraine; according to Art. 187 of the CC of Ukraine; according to Art. 397 of the CC of Ukraine.