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Abstract

<jats:p>The scientific article is devoted to highlighting the issue of the peculiarities of the pre-trial investigation of criminal offenses provided for in Article 409 of the Criminal Code of Ukraine, which consist in evasion of military personnel from military service by self-mutilation, simulation of illness, submission of forged documents or direct refusal to perform military duties. Based on the analysis of statistical data for 2020–2025, a steady trend towards an increase in the number of such offenses has been established, which requires improving the methodology for their investigation. Special attention is paid to the analysis of typical difficulties that investigators encounter when collecting evidence in cases of this category, in particular, establishing the intention of a serviceman, confirming the fact of self-mutilation or simulation, establishing the authenticity of medical documents, etc. The article describes in detail the algorithm of the investigator’s actions: from the moment of registration of the proceedings to the notification of suspicion and the appointment of forensic examinations. The feasibility of conducting such investigative (detective) actions as: inspection of the scene of the incident, search, interrogation of witnesses, examination of the serviceman, simultaneous interrogations, as well as the use of digital devices as sources of evidentiary information is considered. Particular attention is paid to situations of group evasion or disobedience, where it is important to establish common intent. The author justifies the need for interagency cooperation between the investigation, the command of military formations, the military law enforcement service and medical institutions. The work also provides practical recommendations for improving the efficiency of the investigation, and the role of experts, in particular forensic and psychiatric, in proving the circumstances of the offense is determined. The materials of the article can be used in the practical activities of investigators, prosecutors, judges, as well as in the process of training specialists for military prosecutors’ offices and law enforcement agencies. Keywords: criminal proceedings, pre-trial investigation, evasion, self-mutilation, forgery, docu-ments, refusal, boss, weapon, martial law, special period, consequences, serviceman, military service, investigative (detective) actions, inspection, search, interrogation, examination, expertise, investigative experiment.</jats:p>

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Keywords

military investigation article criminal evasion

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