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Vol. 41, Nº 77 (2023), 790-808
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 14/12/22 Aceptado el 16/03/23
Personality characteristics of the
participant in an armed or paramilitary
unit not provided for by law
DOI: https://doi.org/10.46398/cuestpol.4177.52
Oleksandr Nazarovich Yarmysh *
Serhii Ivanovych Khalymon **
Yevhen Viktorovich Zozulia ***
Yuliia Petrivna Stepanova ****
Abstract
Through the documentary-based scientic method, the
article is devoted to the study of the criminological features of
the personality of a participant of a paramilitary or armed unit
(ULPAU) not provided by law. In addition, the formation of his
criminological portrait (criminal prole) on the basis of socio-
psychological and legal classication features is discussed. The
value of the determined parameters of the oender’s characteristics for the
formation of negative social and psychological attitudes has been analyzed
and their impact on subsequent criminal activity was considered. A number
of conclusions of theoretical and applied character have been formulated,
among which the following characteristic features of the criminological
portrait (criminal prole) of a participant of the ULPAU: man aged 25-35
years who has Ukrainian citizenship and is Ukrainian by nationality, urban
resident, single, childless, has general secondary or vocational education,
is unemployed, has not been previously convicted; being a member of the
armed unit he guarded the checkpoints and the area of location of the units.
Keywords: paramilitary or armed unit; armed conict; armed unit;
criminal prole; crime prevention.
* Doctor of Law Viktorovich, Professor Corresponding Member of National Academy of Legal Sciences
of Ukraine, 61024, 70 Pushkinska Str., Kharkiv, Ukraine, Leading Researcher of Research Laboratory
of Criminological Research and Problems Crime Prevention of State Research Institute of the Ministry
of Internal Aairs of Ukraine 01011, 4a Y. Gutsalo Lane, Kyiv, Ukraine. ORCID ID: https://orcid.
org/0000-0002-4811-4520
** Doctor of Law Sciences, Professor Chief Researcher of the Research Laboratory for Research of Legal
and Organizational Support of the State Border Guard Service of Ukraine, Bohdan Khmelnytskyi
National Academy of the State Border Guard Service of Ukraine 29003, 46 Shevchenka, Khmelnytskyi,
Ukraine. ORCID ID: https://orcid.org/0000-0003-2998-7235
*** Doctor of Law Sciences, Professor of the Department of General Legal Disciplines Donetsk State
University of Internal Aairs, 87554, 89 Lunina Ave., Mariupol, Ukraine. ORCID ID: https://orcid.
org/0000-0002-8114-1133
**** PhD in Law, Deputy Head of Research Department Bohdan Khmelnytskyi National Academy of the
State Border Guard Service of Ukraine,29003, 46 Shevchenka, Khmelnytskyi, Ukraine. ORCID ID:
https://orcid.org/0000-0001-7698-3486
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CUESTIONES POLÍTICAS
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Características de personalidad del participante en
una unidad armada o paramilitar no prevista por la ley
Resumen
A través del método cientíco de base documental, el artículo está
dedicado al estudio de los rasgos criminológicos de la personalidad de un
participante de una unidad paramilitar o armada (ULPAU) no prevista
por la ley. Además, se discute la formación de su retrato criminológico
(perl criminal) sobre la base de rasgos de clasicación socio-psicológicos
y legales. Se ha analizado el valor de los parámetros determinados de las
características del delincuente para la formación de actitudes sociales y
psicológicas negativas y se consideró su impacto en la actividad delictiva
posterior. Se han formulado una serie de conclusiones de carácter teórico
y aplicado, entre las que destacan los siguientes rasgos característicos del
retrato criminológico (perl delictivo) de un participante de la ULPAU:
hombre de 25-35 años que tiene la ciudadanía ucraniana y es ucraniano
de nacionalidad, residente urbano, soltero, sin hijos, tiene estudios
secundarios generales o de formación profesional, está desempleado, no
ha sido condenado anteriormente; siendo miembro de la unidad armada
vigilaba los puestos de control y la zona de ubicación de las unidades.
Palabras clave: unidad paramilitar o armada; conicto armado; unidad
armada; perl criminal; prevención del delito.
Introduction
The eight years running, an armed conict is taking place in Ukraine,
conducted by unprovided law paramilitary or armed unit by (farther –
ULPAU) and supported by the Government of the Russian Federation.
Despite a wide range of scientic research on the problem of hybrid warfare
combating, separatism, etc., there are no detailed characteristics of a person
who committed a crime related to ULPAU participation at a sucient level
of research at domestic science.
The study of the criminal personality is one of the main clusters of
the criminology subject. It is impossible to determine the main crime
determinants, as well as prevention measures without the criminal
personality investigation. Studying the characteristics of criminals,
scientists determine the link between the behaviour of the oender at
the scene of the crime and his behaviour in society, taking into account
behaviour during the previous crimes commission (Canter, 2000; Salfati,
2008). The main content of this theory is that the behaviour at the scene
of the crime depends on the main character traits of such a person, which
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Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
remain unchanged (stable) in other aspects of the oender’s life (Caspi and
Bem, 1990).
Nowadays there are no detailed characteristics of the ULPAU
participant at the suciently studied level in literature. Thus, the study
of criminological characteristics of the ULPAU participant is of some
interest for criminological science. Knowledge of the main (criminological)
characteristics of the ULPAU participant will facilitate to a more accurate
qualication of this type of criminal activity, high-quality investigation of
such crimes, development of a systematic theoretical and methodological
approach, which includes a set of legal, institutional and socio-psychological
mechanisms aimed at strengthening the eectiveness of criminal law
inuence on the ULPAU participants.
1. Literature review
The study of the criminal personality is one of the areas of the positivist
school of criminal law and criminology, whose supporters relied on the
results of statistical analysis of crime, social characteristics of the criminal
personality. The founder of anthropological criminology, Ch. Lombroso,
was the rst to initiate the study of the criminal personality (Lombroso,
1896). Despite the fact that during the 20th and 21st centuries, this theory
has not obtained reliable data to determine who is a criminal and who is not,
the study of the criminal personality (criminal proling) is still relevant.
There were not enough resources to conduct, for example, DNA tests in the
time of Ch. Lombroso, and therefore, he could not rely on safer and more
evidence-based scientic data (Mschado, 2021).
Scientists-criminologists, whose scientic interests are in the eld
of personality of criminal studying, distinguish dierent classication
features. The main of them are socio-psychological and legal. The rst group
include: sex, age, level of education, level of material security, social status,
family relationships (wife, children), employment in socially useful work,
occupation, specialty, place of residence, level of personal development,
mental state, individual skills, abilities, habits (Salazar-Muñozet et al.,
2020; Kuryliuk and Khalymon, 2020; White and Lester, 2016; Kuryliuk et
al., 2021).
Legal features include: the severity of the crime, recidivism, group
or single crime (complicity in the crime), duration of criminal activity,
object of the oence, form of guilt, type and amount of punishment. Some
studies also consider penal features (Khalymon et al., 2021), but, in our
opinion, they are relevant to determine the impact of punishment of a
person and the possibility of correction and resocialization. Kushnir and
Hutsuliak (2021) attempted to form a typical criminological portrait of
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a person who committed a criminal oense in the eld of state border of
Ukraine protection (violation of the order of entry into and leavingfrom
the temporarily occupied territory of Ukraine). In order to compare the
characteristics, the obtained results will be compared with their results
(Kuryliuk and Khalymon, 2020; Kushnir and Hutsuliak, 2021).
There were quite a bit scientic studies devoted to the study of the
criminological characteristics of ULPAU participants. Only a few scientic
studies devoted to this problem are known. Thus, Finlay (2017) in his
scientic work raises the issue of legal protection of rebels. In particular,
the scientist examines the observance of their right to resistance as persons
who are not combatants and whose legal protection has not received proper
legal regulation in international humanitarian law.
Asal et al. (2017), investigating the activities of specic ethnic
organizations, made an attempt to explain why in some countries
representatives of ethnic minorities unite in militias. And also, they tried
to nd out what leads to the fact that the members of these associations
take up arms. These authors concluded that governments should be very
careful about suppressing ethnic minority organizations with a nationalist-
separatist orientation, as there is a high probability that these organizations
will form illegal paramilitary or armed formations in response to such
measures.
Cunningham (2013) investigated the processes of choosing ways to
resolve disputes that concern the self-determination of certain groups by
analyzing how various factors aect the improvement or deterioration of
the impact of conventional political strategies, mass nonviolent campaigns
and the development of civil war.
The study of the characteristics of persons participating in paramilitary
or armed formations not provided for by law is also carried out by scientists
in the post-Soviet space (Magomedov, 2004; Kononchuck, 2017; Kolianda
et al., 2017; Dudarets, 2020). However, the analyzed works do not contain
such thorough empirical material as in our study.
2. Materials and methods
The detailed analysis of the characteristics of criminals convicted of
participating in illegal armed units operating in Ukraine from 2014 to
the present will be conducted in this study. 129 sentences passed against
persons who participated in the ULPAU in Donetsk and Luhansk oblasts
have been studied.
The purpose of our investigation is to identify the characteristics of
individuals who have participated in ULPAUs and to determine whether
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Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
it is possible to identify these individuals based on these characteristics. In
addition, in our opinion, the identied characteristics that are common may
be useful for investigative bodies in order to better study such persons, to
develop prevention measures aimed at reducing the ULPAU participation.
3. Results and discussion
Among the people we studied, those who were prosecuted between the
ages of 16 and 18 were not identied. 27,9% were young people aged 18–24,
the largest number of 45,7% were aged 24–35, 10,1% were aged 36–45, 14,7%
were aged 46–59 and only 1,5% were aged 60 years and older. The obtained
results show that the ULPAU participants are quite dierent in terms of
age, but the group of people whose age is the most productive was the most
massive. In particular, these are young people whose consciousness must
be fully formed and they must be aware of the illegality of such activities.
According to Bernard et al. (2020), crime is a predominantly male
activity. The number of males is signicantly higher, especially in more
serious oenses in all criminal groups. Our results also conrm the
thesis that women are less criminally active. Our results are conrmed by
previous studies (Kuryliuk and Khalymon, 2020), although the number of
people who smuggled migrants across the state border of Ukraine is higher.
Obviously, the obtained data indicate a dierent social role of women, one
that should not be associated with criminal activity. The obtained data
(Kushnir and Hutsuliak, 2021) also conrm the thesis that women are less
likely to commit crimes related to border violations.
Clarication of the nationality and citizenship of ULPAU participants is
important in determining the motivation to participate in such formations.
According to the Ukrainian Helsinki Human Rights Union, in addition to
Ukrainian citizens, ULPAU members who took part in the military conict
in eastern Ukraine are residents of other countries, primarily the Russian
Federation. Thus, Russians make up about 10% of all ULPAU participants,
except this, there is information about the participation of citizens of Belarus
(44 people), Kazakhstan (38 people), Serbia (28 people), Moldova (20
people), Germany (19 people), Uzbekistan (15 people), Slovakia (12 people),
France (12 people). In total, the Documentation Centre has information on
more than 250 foreigners who participated in the ULPAU.
However, a study of available to us sample of sentences showed that
almost 100% of ULPAU participants were citizens of Ukraine, only 0,8% (1
person) were citizens of the Russian Federation.
How such dierences can be explained? Firstly, if the Ukrainian
authorities applied punishment to foreigners, they were later included in
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the lists for the exchange of prisoners, and sentences were removed from
the Unied Register of Judgments, and some of these decisions were
immediately marked “not for publication.” Secondly, there is the “problem
of opportunities” of law enforcement agencies. It is obvious that foreign
residents rarely enter the territory of Ukraine’s jurisdiction, and therefore
are not detained by the competent authorities of Ukraine.
After participating in the ULPAU, they usually either return to their
homeland and may be persecuted by the authorities, or are unpunished.
Thirdly, some non-residents of Ukraine were prosecuted under other
articles of the CCU, such as (257 – Banditry, 258 – Terrorist act, 258-3 –
Creation of a terrorist group or organization). Nevertheless, the problem of
mercenaries (combatants) is very painful and of particular interest due to
the rise of extremist, terrorist, separatist sentiment in a number of regions
using mercenaries, such as the Middle East and the former Soviet Union.
Among the studied sentences, 92,2% are ethnic Ukrainians, 2,3%
Azerbaijanis, and 5,4% Russians. It is obvious that the nationality of the
persons included in the sample also depends on the circumstances described
above in relation to such a feature as citizenship.
Statistical indicators of crime in terms of the place of their commission
convincingly show that rural residents are less likely to commit crimes
than those living in cities. Our results conrm the statistical data: 85,3%
of people at the time of the crime lived in cities, 10,9% lived in villages and
3,9% lived in urban-type settlements.
Glaeser and Sacerdote (1999) tried to explain why the crime rate in
big cities is much higher than in small towns or in rural areas. Using data
from the National Crime Victimization Survey, they empirically tested
their hypothesis and found that: 45% of crime rates are aected by the fact
that urban families are much less cohesive; in 26% it is caused by a much
higher average level of income of city residents and in 12% the reason is
a lower probability of identifying a criminal and bringing him to criminal
responsibility when committing a crime in the city. This study explains the
higher crime rate in big cities compared to towns and villages.
An important feature of the socio-demographic characteristics of the
oender is marital status. Researches on the oender identity of have
traditionally focused on social connections (family, children, etc.). It is
believed that a family deters a person from breaking the law. In the study
of Laub and Sampson (2003) it was also conrmed that the absence of
marriage signicantly aects the participation in criminal activities of adults
(Laub and Sampson, 2003). The presence of a family and its structure are
considered an important feature by other scientists (Glaeser and Sacerdote,
1999).
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Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
The results showed that the vast majority (66,7%) were single, 6,2%
divorced, 0,8% widowed, 20,9% were ocially married, 5,4% were in so-
called civil marriage. Parental status can also indicate a person’s serious
life intentions. 86,8% of convicted ULPAU participants had no children,
only one person (0,8%) had three children, 4,7% had two children and 7,7%
had one child. The low percentage of married people with children could be
explained by age, but not in our case, as the majority of 70% were between
25 and 60 years of age. This is the age when a person tries to make a family,
to have children. The average age of rst marriage in Ukraine is 23,5 years.
The idea that the less intelligent will also be less likely to foresee and
appreciate the consequences of their acts remains so plausible that most
contemporary textbooks in criminology still address the question of the
intelligence of criminals (Hirschi and Rudisill, 1976).
We also drew attention to the educational level of ULPAU participants.
As can be seen from 72,1% of people had secondary or secondary special
or vocational education (graduated from secondary schools, lyceums
or obtained working professions in vocational schools). 17% had basic
secondary education (graduated from 9th grade), 2,3% had primary higher
education (graduated from college, technical school, college), but 8,5% had
higher education. The low level of education of ULPAU participants is noted
in a study of young people who participated in such formations operating in
Colombia (Hernández-Holguín and Alzate-Gutiérrez, 2016).
It is impossible not to pay attention to Usher’s study (1997) in which he
argued that education can also have a “civilizing” eect, contributing to a
reduction in crime rates. Education increases people’s skills and abilities,
thus increasing the eciency and protability of legal work compared
to illegal activities. Sometimes the presence of education does not have
obvious property advantages, but it signicantly aects the social status of
a person.
This means that the social impact of education is higher than the
personal one. Education has an indirect (non-market) eect that aects
the preferences of individuals. Therefore, the decision to commit a
criminal oense for a person who has an education is psychologically
dicult (Buonanno, 2003). An important factor that has a criminological
signicance and inuence on the determination of criminal activity and
even the formation of the identity of a ULPAU criminal participant is the
level of employment.
A number of scientic studies devoted to the study of the connection
between unemployment and criminal behavior conrm that an increase in
the duration of unemployment is signicantly (P < 0.001) associated with
a number of indicators of delinquency among young people. Specically,
youth who have been unemployed for six months or longer have from 3,0
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to 10,4 times higher rates of property crime, violent crime, arrests, and
convictions than youth who have not been unemployed (Fergusson et al.,
1997).
Such a relationship was conrmed as early as 1963 in a study (Fleisher,
1963) who proved that unemployment has a signicant eect on the level
of crime. Witt et al. (1998) in their empirical study for England and Wales
state that “the persistent fall in relative wages of unskilled men and the rise
in male unemployment in England and Wales is an incentive to engage in
criminal activity”. Verbruggen et al. (2012) also conrm that random eects
models consistently show that employment reduces conviction rates among
both men and women.
The results of our study showed that the vast majority (80,5%) of participants
at the time of the crime were not engaged in socially useful work, 4,7% were
retired, 0,8% were servicemen and only 14% worked in working professions.
The large number of able-bodied people among ULPAU participants is also
explained by socio-economic problems that began after the occupation and
loss of control over part of Ukraine, as a result, loss of livelihoods pushed the
socially unstable element to illegal activities.
The study of previous behaviour is important for a possible criminal
trajectory in the future. Thus, Horning, Salfati and Crawford, studying the
behaviour of murderers, concluded that there is a relationship between
previous criminal specialization and future behaviour in relation to murder
(Horning et al., 2010).
Therefore, it is important to nd out the criminal experience of ULPAU
members. We were somewhat surprised by the results, as only 27,2% of those
convicted of participating in the ULPAU had criminal experience (prosecuted).
While there were many headlines in media publications (2014-2017) that a
signicant proportion of ULPAU members were former prisoners. Thus, we do
not have convincing evidence of the mass participation of former prisoners in
the ULPAU. Comparing the criminal history of ULPAU participants with those
who violated the order of entry into and leaving from the temporarily occupied
territory of Ukraine, it was found that only 12% of persons had a criminal past
(Kushnir and Hutsuliak, 2021). Thus, ULPAU participants had at 15% more
criminal experience than those who violated the procedure for entering and
leaving the temporarily occupied territory of Ukraine.
Forms of ULPAU participation give us an idea of the quality of persons who
have been prosecuted for such crimes. The objective side of the investigated
crime is expressed in the following forms: creation of paramilitary formations
not provided by the laws of Ukraine; participation in the activities of
paramilitary formations not provided by law; creation of armed groups not
provided by law; participation in the activities of armed groups not provided
by law; leadership of these formations; their nancing, supply of weapons,
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Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
ammunition, explosives or military equipment (logistics, etc.); participation in
the composition of these formations in the attack on enterprises, institutions,
organizations or citizens.
Examining the verdicts, we found that only 3,1% of convicts were prosecuted
for creating (leading) the ULPAU, with the largest number (90,7%) participating
in the ULPAU as militants. The vast majority of them, according to the verdicts,
guarded checkpoints, unit locations, etc. Obviously, such a picture does not
t into the general idea of participation in the activities of the ULPAU, which
have operated and continue to operate in eastern Ukraine. After all, Ukrainian
ocials, addressing the international community, including the UN General
Assembly, note that Ukraine lost more than 15,000 citizens in this war, 30,000
were wounded (Speech by President of Ukraine Volodymyr Zeleneskyi, 2021).
The results of our study showed that courts did not nd any case with
consequences in the form of deaths of people. In one case, there were serious
consequences (0,8%), by which the court recognized injuries and iniction of
bodily injuries of various severity (including severe) inicted to 13 servicemen
during the attack on the Luhansk Border Guard Detachment. At the same time,
the report of the OSCE Special Monitoring Mission states that the total number
of civilian casualties since the beginning of 2021 has reached to 78 people (15
dead and 63 wounded) (OSCE SMM Report, 2021).
Life damage and human health is usually caused by the detonation of
explosives and shelling. In particular, 4,193 ceasere violations were recorded
by the SMM from 4 to 17 October. In view of this, on the one hand, we can
state a high level of latency of committing criminal oenses under Part 5 of
Article 260 of the CCU, on the other hand – diculties in qualifying under
Part 5 of Article 260 of the CCU, separation from related oenses under Article
255, 257, 258-3 of the CCU. Such acts (attacks), related to the death of people
or the occurrence of other serious consequences are often classied as a set of
criminal oenses under Article 258 and Article 258-3 of the CCU.
Mostly the criminological characteristics of the criminal oender determine
the type of criminal association, the creation or participation to which it relates,
and the purpose of its activities. Article 260 of the CCU distinguishes two types
of criminal associations – paramilitary formations and armed formations not
provided by the laws of Ukraine, dening their structure and features in the
note to the article. In the terminology used in the UN documentation, “non-
state armed groups” are understood as “organizations that are parties to an
armed conict, but are not subject to by one or more states” (McQuinn and
Oliva, 2014; Petersohn, 2014).
From the analysis of court decisions we come to the conclusion that most of
their activities are aimed at seizing certain territories and their maintenance,
participating in attacks on enterprises, institutions and organizations,
conducting military operations to support illegally created structures,
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suppressing organized resistance in the occupied territories, confrontation
the Armed Forces of Ukraine, law enforcement agencies, state authorities of
Ukraine, destruction of their manpower and material resources, as well as the
commission of serious and especially serious criminal oenses, including the
use of rearms, explosives and other weapons. Studying the sentences, we
found out that the vast majority of persons convicted under Article 260 of the
CCU, were members of non-statutory armed / paramilitary formations of the
“DPR” – 82 people (63,6%), 44 people (34,1%) – “LPR” and 3 people (2,3 %)
were part of the armed formation, whose activities were aimed at creating the
“Odesa People’s Republic”.
Obviously, if the participants of private military companies are
dominated by selsh motivation the participants of illegal armed /
paramilitary formations “DPR” and “LPR” have mostly political motives
(Kononchuck, 2017), separatist motives, often their actions are subject
to additional qualication as crimes against the foundations of national
security of Ukraine (Articles 109, 110 of the CCU) (although in Article 260
of the CCU the purpose of the ULPAU is not specied). We will study the
issue of motivation of criminally illegal behaviour in more detail below.
The analysis of studied sentences showed that the majority of persons
(121 persons (93,8%) convicted under Article 260 of the CCU were
members of armed groups not provided by the laws of Ukraine and only 8
(6,2%) – paramilitaries (as a rule training units where military training was
conducted).
Taking into account this feature, it should be borne in mind that an
armed formation is a type of paramilitary formation characterized by the
availability of usable rearms, explosives or other weapons (Article 260
of the CCU) and a military-type organizational structure, some of which
try to copy the attributes of a legitimate military formation, such as
name, hierarchical structure, and military discipline. For example, armed
formation “military unit L-73438”, which was part of the “2nd separate
motorized infantry brigade” of People’s Militia of the LPR”. Some have only
certain features of the military formation: “People’s militia of Dzerzhynsk”
(DPR), battalion “Leshiy” (“LPR”), “Sevastopol Self-Defence Detachment”
(ARC).
The feature of armament increases both the social danger of these
criminal groups and the social danger of the acts committed by their
members. This is proved by a comparison of sanctions under Part 1 and
Part 2 of Article 260 of the CCU. Thus, if the upper limit of punishment set
for the creation and participation in paramilitary formations not provided
by the laws of Ukraine is 5 years, then for the same acts in armed groups – 8
years of imprisonment.
800
Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
The length of time when a people take part at ULPAU largely depends
on why they joined them. As noted, (Kolianda et al., 2017) the ULPAU
composition is carried out on a voluntary basis. Forced “mobilization” of
the male population in a certain area is also possible. However, forcibly
mobilized individuals are signicantly worse than volunteers in combat
training, levels of psychological readiness for combat with state military
formations and law enforcement agencies (Kolianda et al., 2017), in
addition, they leave ULPAU at the rst opportunity. Part 6 of Article 260
of the CCU gives the possibility of release from criminal liability in case
of voluntary withdrawal from such formation and notication about its
existence to public authorities or local governments.
From the content of the analyzed verdicts we can conclude that most of
the convicted ULPAU participants voluntarily left them, but only over time
their illegal activities have come to all knowledge, and they were detained.
The study of court verdicts showed that 89,9% of convicts (116 people) were
in the ULPAU from 1 to 6 months, 8,5% (11 people) – from 6 to 12 months.
And only one person was there from 12 to 18 months and from 18 to 24
months and more than 2 years was not detected.
These data are slightly dierent from the obtained data (Dudarets,
2020). Studying the materials of criminal proceedings, the researcher
concluded that the duration of participation in non-statutory paramilitary
or armed groups is: 14% – up to one month, 40% – from one month to
one year, 46% – over a year (Dudarets, 2020). However, in general, they
conrm the thesis that the majority of ULPAU participants are in their
membership for up to 1 year.
The criminological signicance of a person’s duration of stay at the
ULPAU should also be taken into account. The longer the time – the more
persistent negative attitudes are formed regarding further illegal activities
both within and outside the formations.
For a deeper understanding of a person’s mental attitude to the
commission of a crime, it is necessary to study his inner motivation, i.e., the
motive for the crime. The peculiarities analysis of the specic motivation
of the crime aects the reasonable solution of issues related to establishing
the degree of public danger of the act, individual criminal assessment,
determining ways to prevent criminal acts and resocialization of convicts
(Kozyriev, 2012).
Theories of crime causation have attracted criminologists long ago.
Traditional approaches to the causation of crime (biological, psychological,
sociological) cannot be considered monolithic and are periodically
criticized. According to (Hirschi and Rudisill, 1976) obviously only the
biological theory has retained its inuence (its unchanged form), although
mainly outside the academic environment, where it is periodically fueled by
the popular press.
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Three groups of people who had the following motives for ULPAU
participation have been revealed as the results of our study. 84,5%
participated in ULPAU in order to change the government in Ukraine, 9,3%
wanted to earn money, and 6,2% during the investigation said that they
were deceived and joined ULPAU not to commit criminal activity, but vice
versa, in order to protect their territories from possible encroachments.
However, in the process of being in such formations, they realized that the
purpose of their creation is aimed at overthrowing the constitutional order,
and therefore is criminally illegal.
During 2014–2015, one of the authors of this article had the need to
stay in certain periods in the temporarily occupied territories of eastern
Ukraine, which allowed studying this issue. The gained experience allowed
us to conclude that one of the components of the motivational sphere of
persons convicted of ULPAU participation (84,5% participated in order to
change the government in Ukraine), is that this category of persons, despite
the fact, that the vast majority of them had Ukrainian citizenship, did not
identify themselves as real citizens of Ukraine.
We think that their lack of national self-identication is due to the fact
that, unfortunately, during the entire period of Ukraine’s independence,
the Ukrainian socio-cultural environment was not created in these
territories, the full functioning of the state language was not ensured, the
symbolism of the “Russian world” was actively cultivated. Also, the so-
called “Donbas mythologists” were actively spread (“the hard-working
Donbas feeds Ukraine”, “Russian has always been the main language in the
Donbas”, etc.) in the information environment. The consequence of this is
the denationalization of a large part of the population of eastern Ukraine,
which, in turn, allowed introducing into its consciousness a negative attitude
towards the state, contributed to the formation of a fundamental ideological
thesis “the need to ght Ukrainian fascism for Donbas participation in
ULPAU”.
Historically, the largest number of prisons were at the Donetsk
and Luhansk regions of Ukraine (since Soviet times). As of 2013, 34
penal institutions operated in these regions, it was more than 18% of all
penitentiary institutions in Ukraine (Babenko, 2015).
Former prisoners, being released from prisons, remained to live in
these regions, and the assimilation of the local population with former
prisoners took place. Donetsk and Luhansk regions have traditionally been
characterized by a high level of crime intensity per capita. According to
Babenko (2015) the average coecient of the intensity of general crime per
100,000 population recorded in the Donetsk and Luhansk regions for the
period 2001-2013 was 1172 and 1363, respectively, which is considered a
very high indicator compared to the average for Ukraine of 1024.
802
Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
In 1974 See Edwin (1974) proposed the theory that criminals estimate
the crime positively. That is, the environment in which they live, grow and
develop positively relates to criminal behavior.
An example of a positive assessment by the environment of criminal
behavior was the frantic support of the voters of the fugitive former
president of Ukraine V. Yanukovych, who, having two conrmed convictions
for committing intentional crimes, was supported by the overwhelming
majority of residents of Donetsk and Luhansk regions in the presidential
elections in 2004 and then in 2010. In our opinion, it is precisely this
attitude towards the commission of crimes by the inhabitants of these
regions that explains their easy participation in the activities of the ULPAU.
In addition, it is necessary to pay attention to the role of the mass
media that functioned in the territory of these two regions, as well as to
the simultaneous suspension of broadcasts of state TV channels and the
inclusion of broadcasts of Russian TV channels. Since the beginning of
the conict, the Russian Federation has been making enmity between
the western part of Ukraine and the eastern part. False stories about
“nationalists” who seek to destroy the residents of Donetsk and Luhansk
regions have been xed in the minds of the residents of these regions.
This inuence continues to operate even today during the full-scale
Russian invasion of Ukraine. An example of the negative inuence of mass
media (incitement of enmity) is the activity of the radio station “Radio
of thousand hills”, which worked in Rwanda. American scientist David
Yanagizawa-Drott (2014) examined the role of the media during the conict
in Rwanda. Using a unique dataset on the Rwandan genocide, the author
assessed the impact of a then-popular radio station (Radio of thousand
hills) that encouraged violence against the Tutsi minority. The results
showed that broadcasts of this radio had a signicant eect on participation
in murders.
The high intensity of activity of combat units and mass killings of Tutsis
was observed in those territories of Rwanda, where the radio station “Radio
of thousand hills” made deep coverage. The author provides evidence of
how mass media can inuence participation in violence directly through
appeals to violence and indirectly through social interactions (Yanagizawa-
Drott, 2014).
Mass propaganda of Russia is also one of the determinants of the
participation of residents of Donetsk and Luhansk regions in ULPAU
activities.
However, it should be noted that the ULPAU also included persons who
did not hate the state, but they were forced to do so due to the dicult
economic situation in the occupied territories, the inability to otherwise
earn money to support their families.
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For example, ULPAU participants in Colombia were motivated by a
desire for recognition, power, and money. Their violent and illegal actions
have become a strategy to achieve their goals. Belonging to an armed group
was an alternative that gave work and money to participants. Thus, the
armed group was an environment in which they gained public recognition,
which they lacked (Hernández-Holguín and Alzate-Gutiérrez, 2016).
Apparently, the ULPAU members operating in the temporarily occupied
territories of Ukraine were also guided by such motives to some extent.
The quality of pre-trial investigation and judicial examination of such
cases should be studied separately. Examining the motives for such crimes,
we found out that 9,3% of people joined the ULPAU with the aim to earn
money, some – because they had no means of subsistence, and some
actually believed that will have “big money” as mercenaries. However, only
in 6 verdicts we found information about the amount of money received by
the ULPAU participants. On the average, such individuals received between
$ 200 and $ 500 per month. It is obvious that there were more such people,
but in our opinion, in order to mitigate their responsibility, they tried not to
testify about the fact of “earning” money for ULPAU participation.
And it is impossible to obtain legal facts of obtaining such funds in
the manner prescribed by law. Also, it was probably not part of the pre-
trial investigation task, taking into account that more than 92,2% of such
persons pleaded guilty and entered into a plea agreement. The low quality
of the pre-trial investigation obviously leads to the fact that courts are
forced to apply non-custodial sentences and pretend to achieve the goal
of punishment – to prevent new crimes from being committed by both
convicts and others (individual and general prevention).
It is necessary to pay attention to the problems of sentencing for ULPAU
participation. For the purpose of comparison, we studied the results of a
study conducted by T. Magomedov on the ULPAU participants based on
the materials of the Republic of Dagestan. Thus, according to his data, out
of studied 84 people, 3 people were sentenced to probation, 27 people to 2
years of imprisonment, 42 people to 5 years of imprisonment, none to more
than 5 years; 8 people were acquitted (Magomedov, 2004). Thus, 82,1%
were sentenced to real terms of punishment.
A study of our sentences showed that 65,9% of people were released
from probation and only 34,1% were sentenced to imprisonment for a
term: 6,2% – for a term of 1 to 3 years, 21,7% – from 3 to 5 years, 6% –
from 5 to 10 years and 1,6% – for a term from 11 to 15 years imprisonment.
Does it correspond to the logic and principle of fairness of sentencing?
The question is quite complicated, because assessing how much grief the
ghting in the east of the country has brought to the Ukrainian people, how
many innocent victims have died, the sentencing of ULPAU participants
looks like mockery of such victims.
804
Oleksandr Nazarovich Yarmysh, Serhii Ivanovych Khalymon, Yevhen Viktorovich Zozulia y
Yuliia Petrivna Stepanova
Personality characteristics of the participant in an armed or paramilitary unit not provided for
by law
However, other principles of sentencing must be kept in mind:
individualization of punishment and humanism. We want to believe that
the people who were included in the sample were not involved in the
massacres, so such lenient punishments are enough to correct them and
prevent new criminal oenses.
Obviously, the general trend towards the humanization of criminal
justice and the liberalization of the judiciary does not forget those who are
prosecuted for ULPAU participating.
However, one should remember the inevitability of punishment, because
unpunished evil returns. Buonanno (2003) based on an analysis of the
literature on socioeconomic determinants of crime, concluded that criminal
behavior is inuenced by the probability of punishment and detention. That
is, a person who knows that he will be punished for committing a crime will
probably refrain from committing a crime.
Conclusions
Thus, our study allowed us to form a typical criminological portrait
(criminal prole) of a person – a ULPAU participant on the basis of two
groups of classication features – socio-psychological and legal, which is
characterized by the following features: male (98%), 25–35 years old (46%),
who has Ukrainian citizenship (99%) and is a Ukrainian by nationality
(92%), urban resident (85%), single (66%), do not have children (87%), has
a general secondary or vocational education (72%), do not work (85%), was
not previously convicted (73%).
According to the functional distribution, the majority of the studied
persons were members of armed formations (94%) of the pseudo-state
formation “DPR” (64%) and guarded checkpoints, locations of units, being
in the formation from 1 to 6 months (90%).
ULPAU participants are also characterized by a set of negative social and
psychological traits that lead to the commission of criminal acts on ULPAU
creation or participation and are intensied by negative motivations
associated with the desire to change government in Ukraine. At the same
time, the instability of criminal attitudes is manifested in the fact that the
majority of those who were surveyed showed sincere remorse and admitted
their guilt (92%).
We have found out that the diculties in studying the person –
an ULPAU participant are largely due to the unresolved criminal law
aspects of ULPAU combating, in particular the vagueness of the criteria
for distinguishing the crime under Article 260 of the CCU, from terrorist
crimes, the widespread practice of applying (sometimes unjustied) release
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from serving a sentence (66% of sentences), as well as the low quality of
certain pre-trial investigations and litigations of penal proceedings on
criminal activities of ULPAU participants, as a result, convictions do not
contain suciently detailed information to conduct an in-depth analysis of
the personal characteristics of ULPAU participants.
After the russian federation’s full-scale unprovoked invasion into
Ukraine on February 24, 2022, it became clear that the occupying forces
would continue to use the residents of the occupied territories as proxy
troops. The mildness of the punishment, as evidenced by the results of our
research, will contribute to the involvement of residents of the DPR and LPR
in ULPAU. After all, their previous experience of participating in ULPAU
showed that the state of Ukraine treats such violators too humanely.
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