Military official criminal offences in historical retrospect

Abstract

The article examines the evolution of military offences from the period of Kyivan Rus to the present day, with particular emphasis on the transformation of legal concepts concerning the responsibility of military commanders for committed violations. The relevance of the study is determined by the need to understand the historical foundations of modern Ukrainian military criminal law in the context of Euro-Atlantic integration. The methodology is based on a historical and legal analysis of primary sources, including the Ruska Pravda, Cossack customary law, the Lithuanian Statutes, the legislation of the Russian Empire, Soviet legislation, the current Criminal Code of Ukraine, and the draft of the new Criminal Code of Ukraine. The results demonstrate that the concept of offences encroaching upon the established procedure for military service committed by military officials, as a distinct legal category, emerged only in the twentieth century, while in earlier periods the liability of military commanders was regulated by general norms on treason, failure to perform duties, and abuse of authority. The analysis of Articles 425–426-1 of the Criminal Code of Ukraine reveals their continuity with the Soviet legal tradition while simultaneously adapting to international standards of military commanders’ responsibility. The practical value lies in forming a theoretical foundation for further reform of Ukraine’s military justice system in accordance with international standards and ensuring effective counteraction to offences committed by military personnel that encroach upon the established procedure for carrying out or performing military service. The analytical framework distinguishes between modern concepts of military service offences and their historical analogues. Since the specific legal category of “military service offence” emerged only in the twentieth century, earlier periods are examined for functional equivalents—legal mechanisms addressing unlawful conduct by military commanders related to their duties. A comparative analysis methodology is employed to identify continuity and transformations in the accountability of military command across different historical legal systems. Documentary analysis includes both original historical legal texts and scholarly interpretations of these sources. The comparative approach considers the influence of broader historical, political, and military factors on the development of military service offences.