CLASSIFICATION GROUPS OF CRIMINAL OFFENSES COMMITTED BY COMBATANTS

Abstract

The article considers the issue of forming classification groups of offenses committed by combatants as a basis for creating model characteristics of such offenses and their system in general. In order to obtain substantiated conclusions, the work uses philosophical, general sci-entific conceptual approaches, as well as approaches and methods characteristic of modern legal science, in particular the science of criminal law, in accordance with the outlined prob-lem. The analysis of normative and scientific sources made it possible to find out the absence of both legalized classifications in domestic legislation and international humanitarian law, as well as sufficient elaboration at the doctrinal level. It was established that the legislator directly uses the criterion "type and degree of punishment" common to all criminal offenses and indirectly such criteria as: "according to the object of the criminal offense", "according to the method of committing the criminal of-fence", "according to the normative regulation of criminal offences", "on the subjective side of the criminal offense". In the course of the research, it is argued that the formation of classification ranks is based on criteria, which are actual parameters arising from the legal nature of crimes com-mitted by combatants. These are the main signs of such a phenomenon as crimes committed by combatants. It has been found that the peculiarity of war crimes is that they are implemented in the criminal legislation of international criminal law, therefore it is worth taking into ac-count contextual, material, mental elements as criteria for distinguishing specific types of criminal offenses committed by combatants. It has been proven that in order to form classifications of criminal offenses committed by combatants, it is expedient to use such criteria as: (1) "according to the object of encroach-ment" (where the object of encroachment means values protected by international humani-tarian law) and (2) "according to the act encroachment on the object" (where the act of en-croachment means socially dangerous acts of an international nature). Two classification groups of such offenses have also been formed.