The concept of crimes against military service is formulated in Art. 331, part 1. It includes the general characteristics of acts provided for 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 infringe on the normative procedure for being in the armed forces. They can be committed by citizens who are in the army by contract or draft. As a subject of a crime against military service, a person who is in reserve, participating in training camps 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 acts. 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 country's security. The state of state protection from external or internal threats acts as it.
Characterization of crimes against military service
These compounds are characterized by specific wrongfulness. Such a sign is caused by the fact that only those provided for in Ch. 33 acts, if committed by citizens serving or in reserve, at military training camps. The specificity of the illegal compositions also lies in the fact that all dispositions of articles are considered blank. In this regard, the essence of each act is regulated by specific industry standards, for the violation of which criminal liability is established. For crimes against military service, persons may be punished if their guilt is proved. The specificity of the compounds under consideration is distinguished only by the content of guilt. It reflects the nature of the act. The guilt of persons who committed crimes against military service in a combat situation or during the training camp is that citizens, acting inadvertently or intentionally, are aware or not aware (provided that they should) of the unlawfulness of their behavior.
Important point
Criminal liability for crimes against military service is applied only if all the signs listed in the Code are present. If at least one of them is absent, punish the citizen under Art. 331 is impossible. An act representing public danger, but not violating the established procedure for being in the ranks of the Armed Forces or conducting fees while in stock, will not be considered a crime against military service.
Differences from misconduct
The types of crimes against military service must be distinguished from disciplinary offenses. In some cases, their internal and external signs are similar. The main dividing criteria are: public danger and the specifics of wrongfulness. A criminal offense is considered only criminally unlawful behavior established by Ch. 33. Moreover, the recognition of the illegality of such a violation will directly depend on the method of describing the elements of the composition in the norm. They can be reflected accurately, for example, damage to moderate health, use of weapons, careless death. In such cases, it is not difficult to establish a crime against military service. Signs may be expressed in terms of value. For example, this could be causing significant harm to official interests. In such situations, the establishment of criminal wrongfulness for each specific act depends on an assessment of the consequences that have arisen as a result. In some cases, the violation, although it includes signs of the composition established by any norm of Ch. 33, but is seen as a disciplinary offense. This is allowed with the insignificance of the act. That is, a person’s behavior formally contains signs of any composition, but does not reach the degree of danger that allows him to be considered under the Criminal Code. Crimes against military service are undoubtedly more threatening than disciplinary offenses. Insignificance should exclude criminal behavior.
Composition of a crime against military service
The Russian Federation is a state that takes great care of security within its territory. This is one of the main reasons for the allocation of these acts in 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 an encroachment of a person in the army or at training camps on the country's security. The concept of a war crime involves the presence of elements that are common to other criminal acts. Each of them has a set of legally relevant criteria. It is the combination of these signs that makes it possible to distinguish a crime against military service from any other act provided for in other chapters of the Code.
Mandatory features
These characteristics apply to all elements of war crimes. These signs are:
- An object.
- Public danger.
- Guilt (in the form of negligence or intent).
- The person has reached the age at which responsibility for a crime against military service arises.
- Staying a citizen in the army or at training camps.
Optional features
Under them understand the criteria that are used to formulate not all, but only some of the compositions. Optional features allow characterizing a war crime with additional properties. They express the specifics of the act. These signs are:
- The subject of the assault.
- The causal relationship between the consequences and the behavior of the perpetrator.
- The place, time, means and instrument of the commission of the act.
- The presence of consequences, representing a certain degree of danger to society, the state.
- Purpose and motive.
Composition Functions
They determine its purpose. Corpus delicti:
- It acts as a way to determine the wrongfulness of behavior.
- It is the only factual and legal basis for the application of criminal punishment.
- Allows you to distinguish one act from another.
- Acts as a theoretical basis for qualifying behavior.
- Serves as a methodological basis for the knowledge of all the acts recorded in chap. 33.
An object
A crime against military service is an encroachment on the established procedure for being in the army. It is recorded in charters, laws and other industry regulations. The 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 protection of independence, territorial integrity, constitutional order, sovereign interests of the country. It is provided by preparation for protection and direct armed defense. Strict observance of the order of stay in the army acts as a necessary condition for the implementation of the tasks facing the state military organization.
Classification
The procedure in accordance with which persons serve is a patrimonial object of assault 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 an encroachment on the order of:
- Statutory relationships between persons located in the Armed Forces (Articles 332-336).
- Stays in the army (Art. 337-339).
- Savings of property of a part (Articles 346-348).
- Bearing special service (340-345).
- The use of military-technical means (349-352).
Additional item attributes
In some formulations, there is an indication of such characteristics, which should be understood as different material formations, in connection with or regarding which a special procedure for military service relations is formulated. They include, in particular, ammunition, weapons, equipment, radioactive materials, explosives and other objects and substances that have an increased danger to others.
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 signs common to all formulations: action, causation, consequences, time, method, weapon, place, means and other circumstances. The characteristic of the objective side of the encroachment on military security has a certain specificity. It is caused directly by the object of unlawful behavior. The act acts as an integral sign in any corpus delicti. It involves action or inaction, always representing a violation of the established rules for being in the army, as enshrined in the relevant regulations.
Effects
Their offense involves most security crimes. The harmful effects in such formulations are special. Their character is also determined in accordance with the characteristics of the object of the crimes, encroaching on the rules of service or passing fees. These include, for example:
- Weakening combat readiness of units.
- Failure to complete tasks. They, in turn, depending on the situation, can be combat or combat training.
The content of harmful consequences to society in such formulations may be:
- Physical. It is expressed in causing damage to health when resisting representatives of the commanding staff or forcing a violation of duties.
- Property. Such consequences are expressed in damage / destruction of material assets in part.
- Organizational. It represents, for example, the disruption of a military event when evading the execution of an order.
- Moral. Such consequences are expressed in the humiliation of the employee’s dignity and honor when insulting him.
A specific feature of all formulations established in Sec. 33, - the presence of organizational harm. Moreover, it arises regardless of its indication as a sign of action. Any crime against the order of military service always causes organizational damage to the rules of military security.
Causal relationship
She acts as a mandatory sign of acts with material composition. A causal relationship is characterized by common features common to all compounds. In the acts under consideration concerning violation of a special order, causation has certain features. They are determined by the socio-legal, mediated and probabilistic nature of these compositions. Of no small importance in qualification are: place, method, means, time, instrument, situation and other factors and conditions under which the crime was committed.
Persons Punished
According to Art. 331 the subjects may be military personnel who are in the army on a contract or draft basis, as well as citizens who are in reserve during military training. A person in respect of whom punishment is allowed to apply, in addition to general characteristics (age and sanity), must also have special criteria. They primarily include direct attendance at training camps or at the time of the crime. Essential in determining the circle of persons to whom the punishment under the Articles of Chap. 33, has a definition of start and end points.
Citizens in stock passing fees
According to Art. 2 of the Federal Law governing the status of military personnel, such persons are recognized as being in the army in the manner and cases provided for by law. Thus, in certain situations, these citizens may be punished for misconduct in the presence of signs of the composition of the acts specified in Ch. 33. The prosecution of these persons is carried out with some restrictions. They are due to the specific content of the norms of Ch. 33, the specifics of their status, the features of passing fees.
Special persons
In some elements of military crimes, not all are provided as subjects, but only certain categories of employees. For example, this is indicated in Art. 332-334. In accordance with the above articles, the subject of an infringement on the chain of command is an employee who is in a subordinate relationship with the victim (boss). In the compositions providing for the violation of the order of performing special tasks, the performer can only be a citizen who is included in the appropriate outfit according to the established rules.
additional information
Persons who do not belong to the circle of subjects of a military crime (civilians) can also participate in its commission together with employees. In such cases, they are punished as organizers, instigators, accomplices under the relevant articles of Ch. 33. The indicated persons cannot act as co-executors of military crimes.
Wines
It forms the subjective part of criminal offenses against military security. In the considered compositions of wine reflects the specifics of the act and the consequences that it causes. The guilty one way or another (depending on the form) refers not only to socially dangerous behavior and the results that arise as a result of his actions. He was involved in the act, forming a violation of the order, according to which the service in the Armed Forces is carried out, as well as in the consequences, which are expressed in causing damage to the fighting efficiency of the unit, security of the state.
Clarification of concepts
At the legislative level, key definitions used in Ch. 33. In particular, Federal Law No. 53 recognizes as military personnel citizens, including foreign citizens (in some cases), who serve under the draft and on a voluntary basis (in accordance with the contract). Federal Law No. 58 is also of great practical importance. It establishes that military service is a professional activity of the official nature of citizens who are in military posts in the RF Armed Forces, other troops, special forces, and bodies authorized to carry out functions to ensure the state’s security and defense. The beginning and end of this period is defined in the Federal Law No. 53. A person who completed the service can be brought to justice, provided that the crime was committed during its passage, and the statute of limitations has not yet expired.