TYPES AND SIGNS OF MILITARY FORMATIONS

Abstract

This article discusses the issue of distinguishing types of military formations from among others and establishing their inherent features as part of the criminal offense provided for in Art. 114-1 of the Criminal Code of Ukraine. The purpose and task of the article is to define the main types of "military formation" and establish their typical features. The methodological basis of the research is a combination of theoretical and practical approaches, within which general scientific and special legal methods have been applied. The analysis of the concept of "military formation" and the establishment of its types is carried out at the normative-legal and theoretical-legal levels. In the conditions of constant terrorist threats and events that took place on the territory of Ukraine, the Law of Ukraine "On Amendments to the Criminal Code of Ukraine" of April 8, 2014 introduced criminal liability for obstructing the lawful activities of the Armed Forces of Ukraine and other military formations during a special period (Article 114–1 of the Criminal Code of Ukraine). In addition, it is increasingly possible to observe the use of the term "military formations" at the legislative level, but without defining their types. In order to observe the legal rights and freedom of persons suspected or accused of committing such a criminal offense, it is necessary to correctly qualify the act committed by the person, namely to establish whether certain formations belong to the military. A number of legislative and other normative legal acts regarding military formations, the Armed Forces of Ukraine, the National Guard of Ukraine, the National Police of Ukraine were analyzed, and a set of all the inherent characteristics of military formations and the establishment of types of military formations were highlighted.