The object of military corruption crimes

As pointed K.Sh.Kurmanov, social danger of military crimes defined by the fact that they infringe on public relations in the Armed Forces. These relations are governed by military law. Violation of this law is detrimental to the degree of readiness of troops, military discipline weakens. Called the author draws attention to the following military crimes:

- Focus action against the established order of military service (special object);

- An act or military reservists during military training or verification fees (special subject);

- Punishable acts according to the law on criminal responsibility for war crimes (military criminal wrongfulness) *.

With respect to the subject matter of crime that the order of military service (military order) is a set of social relations that arise in the course of life and combat activities, enshrined in the laws of the state, the military oath, military regulations and other acts of military law. This procedure is mandatory for all military personnel.

Each military crime encroaches on some specific social relations. It is the relationship of the service

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* См.: Курманов К.Ш. Указ. сочинение. – С. 564-565.

chiefs and subordinates, senior and junior in rank, soldiers who are not in a relationship of subordination and seniority; order of military service; procedures for the use of military equipment and military equipment operation; procedure for storage of military secrets; the order of combat duty; order on guard, the interior and other special services, which is the direct object of military crime *.

With regard to corruption offenses under military law the direct object of these acts acts procedures of military commanders and other officials to ensure adequate combat capability of units, military units, and the army and the fleet as a whole.

Main conclusions:

1. The complex of military criminal offenses provided for in Chapter 18 of the Criminal Code, corruption offenses are abuse of authority (st.450), abuse of authority (st.451, paragraph 2), Part Two), inactivity of authority (st.452).

2. High degree of danger of these crimes due to their negative impact on the combat readiness of the army and navy, on national security in general.

3. The degree of social danger of the military crimes of corruption increases significantly under combat conditions and wartime.

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* Курманов К.Ш. Указ. сочинение. – С. 565.

4. The subjects of corruption crimes are military military chiefs and other officials of the army and

navy. The subject has a special character.

5. The object of the military crimes of corruption is the order of operations on military superiors, and other officials.

Questions for self-control:

1. What are the differences in terms of:

a) soldier and reservist?

b) combat situation and wartime?

c) the military commander and other officials?

2. What are the characteristics of the military law?

3. What causes a higher degree of public danger of military crimes?

4. What is meant by the object of military crimes?

5. Who is meant by the subject of the military crime?

Recommended reading:

1. Таранов А.А. Феномен власти в контексте проблем борьбы с организованной преступностью // Борьба с организованной преступностью и кор- рупцией: Материалы международной конферен- ции. – Алматы: Алматинская высшая следственная школа ГСК Республики Казахстан. – 1996. – С. 127-132.

2. Жунусов К. Основные причины воинских преступлений, их профилактика и предупреждение // Закон и время. – №9 (97). – 2008. – С. 35-38.

3. Курманов К.Ш. Воинские преступления // Уголовное право Кыргызской Республики. – Бишкек. – 2000. – С. 563-607.