Criminal liability for a crime against military service

The concept of crimes against military service is formulated in art. 331, part 1. It includes the general signs of the acts provided by the Code. The subject of the crime against military service is special.

General information

In the Criminal Code of the Russian Federation, crimes against military service are defined as behavioral acts that encroach on the normative order of stay in the armed forces. They can be committed by citizens who are in the ranks of the army under a contract or draft. As a subject of a crime against military service, the person staying in the reserve participating in the gatherings may also act. The presence in the legislation of this composition is determined by a number of its features, the need for differentiation with other deeds. Equally important is the influence of the traditions of Russian military criminal law.

Public danger

It is expressed in causing damage or creating a threat to harm the interests of the individual, state, society, protected by law. The specificity of the danger that distinguishes criminal offenses against military service is an encroachment on the security of the country. It is the state of the state's security against external or internal threats.

Characteristics of crimes against military service

These compounds are characterized by specific unlawfulness. Such a feature is due to the fact that only the ones envisaged in Ch. 33 acts if they are committed by citizens who are serving or are in reserve, who are on military training. Specificity of the wrongfulness of the formulations also consists in the fact that all dispositions of articles are considered blanket. In this regard, the essence of each act is regulated by specific industry standards, for violation of which criminal liability is established. For crimes against military service, persons may be punished if their guilt is proved. Specifics of the compositions in question are distinguished only by the content of the fault. It reflects the nature of the act. The content of the guilt of persons who committed crimes against military service in a combat situation or during charges is that citizens, acting inadvertently or intentionally, realize or do not realize (if they should) the illegality of their conduct.

An Important Moment

Criminal liability for crimes against military service is applied only if all of the features listed in the Code are present. If at least one of them is missing, punish a citizen under art. 331 it is impossible. An act that represents a public danger but does not violate the established order of staying in the ranks of the Armed Forces or carrying out charges when it is in stock will not be considered as a crime against military service.

Differences from misconduct

Types of crimes against military service must be distinguished from disciplinary violations. In some cases, their internal and external characteristics are similar. The main dividing criteria are: the public danger and specifics of wrongfulness. A crime of war is considered to be only criminal and unlawful behavior, established by Ch. 33. However, the recognition of the illegality of such a violation will depend directly on the method of describing the elements of the composition in the norm. They can be accurately reflected, for example, harm to the health of medium severity, the use of weapons, the imprudent infliction of death. In such cases, it is not difficult to establish a crime against military service. Attributes can be expressed in appraisal terms. For example, it can be causing significant harm to the service interests. In such situations, the establishment of a criminal offense for each particular act depends on an assessment of the consequences that result from it. In a number of cases, the breach even includes the signs of a composition established by some rule of Ch. 33, but is regarded as a disciplinary offense. This is allowed if the deed is insignificant. That is, the person's behavior formally contains the signs of any composition, but does not reach the degree of danger that allows considering it according to the Criminal Code. Crimes against military service are undoubtedly a greater threat than disciplinary offenses. Minority should exclude criminal behavior.

Composition of the crime against military service

The Russian Federation is a state that takes great care of security inside its territory. This is one of the main reasons for the separation of these acts into an independent chapter. The composition of war crimes is a system of mandatory subjective and objective elements established by law. Their signs reflect the public danger of encroachment by a person in the army or on training camps on the security of the country. The concept of the composition of a war crime presupposes the existence in it of common elements for other criminal acts. Each of them has a set of legally significant criteria. It is the totality of these features that makes it possible to delineate a crime against military service from any other act provided for in other chapters of the Code.

Required characteristics

These characteristics apply to all war crimes. Such features are:

• An object.
• The public danger.
• Wines (in the form of negligence or intent).
• Reaching the face of the age from which there is responsibility for the crime against military service.
• Stay a citizen in the army or at the training camp.

Optional signs

They are understood as criteria that are used to formulate not only all but only some formulations. Optional signs make it possible to characterize a war crime with additional properties. In them the specificity of the action is expressed. Such signs are:

• Object of encroachment.
• Causal connection between the consequences and behavior of the perpetrator.
• The place, time, means and instrument of the act.
• Presence of consequences, representing a certain degree of danger for society, the state.
• Purpose and motive.

Composition functions

They determine its purpose. Corpus delicti:

1. Acts as a way to determine the wrongfulness of conduct.
2. It is the only factual and legal basis for the application of criminal punishment.
3. It allows one to delimit one act from another.
4. Acts as a theoretical basis for the qualification of behavior.
5. Serves as a methodological basis for the cognition of all the deeds recorded in Ch. 33.

An object

The crime against military service is an infringement on the established order of being in the army. It is fixed in charters, laws and other branch normative acts. Order in this case acts as a form of carrying out military-service activities. Its main purpose is to ensure the security of the state: the state of security of independence, territorial integrity, constitutional order, sovereign interests of the country. It is provided through preparation for protection and direct armed protection. Strict observance of the order of stay in the army acts as a necessary condition for realizing the tasks facing the state military organization.

Classification

The order, according to which persons serve, acts as a generic object of encroachment, established by Ch. 33. It is classified into types that are associated with certain components of combat readiness as the main factor of state security. In accordance with this division, the responsibility of servicemen for crimes against military service arises from encroachment on the order:

1. Statutory relations between persons in the Armed Forces (Article 332-336).
2. Stay on service in the army (Article 337-339).
3. Savings property part (Article 346-348).
4. The carrying of the special service (340-345).
5. The use of military-technical means (349-352).

Additional features of the object

In some compositions, there is an indication of such characteristics, by which various material formations should be understood, in connection with or about which a special order of military service relations is formulated. They include, in particular, ammunition, weapons, equipment, radioactive materials, explosives and other items and substances that have an increased danger to others.

The objective part

It is reflected in the external manifestation of socially dangerous behavior, encroaching on the order of service in the army (military security). It includes common signs for all trains: an act, a causal connection, consequences, time, method, tool, place, facility, and other circumstances. The characteristic of the objective side of encroachment on military security has a certain specificity. It is caused directly by the object of wrongful conduct. Acting as an integral feature in any composition of a war crime. It involves action or inaction, always representing a violation of the established rules of being in the army, enshrined in the relevant regulatory enactments.

Effects

Their offensive provides for most crimes against security. Harmful effects in such formulations are special. Their character is also determined in accordance with the characteristics of the object of the offense, encroaching on the rules of service or passage of fees. For example, they include:

• Weaken the combat readiness of units.
• Failure to complete the tasks. They, in turn, depending on the situation, can be combat or training-fighting.

The content of harmful consequences harmful to society in such formulations can be:

1. Physical. It is expressed in causing damage to health when resisting representatives of commanders or forcing them to violate their duties.
2. Property. Such consequences are expressed in the damage / destruction of property in part.
3. Organizational. It is, for example, the disruption of a military action when evading execution of an order.
4. Moral. Such consequences are expressed in humiliation of the dignity and honor of the employee when he insults him.

A specific feature of all the compositions established in Ch. 33, - the presence of organizational harm. In this case, it arises regardless of its indication as a sign of the deed. Any crime against the order of carrying out military service always inflicts organizational damage to the rules of military security.

Causal connection

It acts as an indispensable sign of deeds with material composition. Causal communication is characterized by common signs, characteristic of all formulations. In the acts in question, dealing with a violation of a special order, the causal relationship has certain characteristics. They are conditioned by the socio-legal, mediated and probabilistic nature of the character in these formulations. Important in the qualification are: place, method, means, time, gun, situation and other factors and conditions under which the crime is committed.

Persons subject to punishment

According to Art. 331 military servicemen who serve in the army under contract or conscription, as well as citizens who are in reserve, during the period of military fees, can serve as subjects. A person who is allowed to apply punishment, in addition to general signs (age and sanity), must also have special criteria. To them, first of all, include immediate stay at the training camp or service at the time of the crime. Essential in determining the range of persons to whom punishment is applicable under articles Ch. 33, has a definition of the initial and final moments.

Citizens residing in the reserve, passing fees

According to Art. 2 FZ, regulating the status of servicemen, such persons are recognized as being in the ranks of the army in the manner and in cases stipulated by law. Thus, in certain situations, these citizens may be punished for unlawful behavior if there are signs of the formulations of the acts specified in Ch. 33. The prosecution of these individuals is subject to certain restrictions. They are conditioned by the specific content of the norms of Ch. 33, the specifics of their status, the peculiarities of the passage of fees.

Special persons

In some formulations of military crimes, not all, but only certain categories of employees are envisaged as subjects. For example, this is stated in Art. 332-334. In accordance with the above articles, an employee who is in subordinate relations with the victim (the head) acts as the subject of encroachment on the order of subordination. In the composition providing for violation of the procedure for the performance of special tasks, the executor can only be a citizen who is included in the corresponding outfit according to established rules.

additional information

Persons who do not belong to the circle of subjects of a military offense (civilians) may also participate in its commission together with employees. In such cases, they are punished as organizers, instigators, accomplices in the relevant articles of Ch. 33. These persons can not act as co-executors of military crimes.

Wines

It forms the subjective part of criminal offenses against military security. In the compositions considered, the wine reflects the specific nature of the act and the consequences it causes. Guilty one way or another (depending on the form) refers not only to socially dangerous behavior and the results that arise from his actions. He is involved in an act that forms a violation of the order, according to which the service is performed in the Armed Forces, as well as to the consequences that are expressed in causing damage to the fighting efficiency of the unit, the security of the state.

Clarification of concepts

At the legislative level, the key definitions used in Ch. 33. In particular, Federal Law No. 53 recognizes citizens as military servicemen, foreigners including, in some cases, those who serve on conscription and voluntarily (in accordance with the contract). It is also of great practical importance that Federal Law 58. It establishes that military service is the professional activity of the service character of citizens who are on military posts in the Armed Forces of the Russian Federation, other troops, special formations, bodies authorized to implement the functions to ensure the security and defense capability of the state. The beginning and the end of this period is defined in Federal Law No. 53. It is possible to bring to justice the person who completed the service, provided that the crime was committed at the time of its passage, and the limitation periods have not expired yet.