Circumstances to Be Established During the Investigation of Resistance, Threat or Violence Against a Superior, or Coercion of Him to Violate Official Duties

The article provides a comprehensive analysis of criminal proceedings initiated on the grounds of criminal offenses provided for in Articles 404 and 405 of the Criminal Code of Ukraine, which regulate liability for resistance to a superior or coercion of him to violate official duties, as well as for threat or violence against a superior. Attention is drawn to the problems that arise during the pre-trial investigation of such offenses, in particular, to the difficulties in identifying the key circumstances of the committed act, qualifying the actions of the guilty persons and properly assessing their legal nature in the conditions of a special period or a combat situation. Particular attention is paid to determining the list of circumstances that must be established during the pre-trial investigation of the specified offenses, in particular: the status of the participants (the perpetrator and the victim), the nature of official duties, the fact of resistance or violence, the use of weapons or specially adapted objects, the occurrence of serious consequences, the presence of coercion to violate official duties, etc. Procedural means that allow recording these circumstances are also determined - investigative actions, examinations, interrogations, requesting documents, etc.

The practice of court decisions is analyzed, in particular the position of the Supreme Court of Ukraine and the verdicts of the courts of first instance, which indicate an ambiguous interpretation of the elements of crimes provided for in Articles 404 and 405 of the Criminal Code of Ukraine. Specific changes to the current criminal legislation are proposed, including - improving the wording of Parts 2 and 5 of Article 404, as well as adding to Article 405 a new part, which covers the qualifying features of the intentional murder of a superior. The need to develop a unified methodology for investigating military criminal offenses is especially emphasized to ensure legal certainty and increase the efficiency of criminal proceedings in the field of military jurisdiction.