Воєнні та військові злочини в кримінальному законодавстві Російської імперії, РРФСР та Російської Федерації: теорія і безпосередня практика

Abstract

The qualification of military and war crimes in the legislation of the Tsardom of Muscovy, the Russian Empire, the RSFSR and modern Russia is considered. A conclusion about the primacy of military expediency over considerations of universal morality and humanism is made. Thus, the legislation of the Tsardom of Muscovy foresaw the possibility of turning the so-called boyar children (the younger layer of the boyars), suspended by the tsar from service, into kholops (serfs). The military legislation of Peter I does not distinguish between the suicide of a soldier and treason. The military reform of Alexander II, carried out by Minister Milyutin, somewhat liberalized military legislation and created a clear system of military courts. The refusal of the Provisional Government to use the death penalty disorganized the Russian army, and this was considered by the Bolsheviks while creating the Red Guards and the Red Army. During the civil war, the Bolshevik headship even used decimation regarding the Red Army men. After the end of hostilities, military crimes (Criminal Code of the RSFSR of 1922) were generally punished more mildly, but the tightening of the screws in the direction of repression’s increase began almost immediately. These processes reached their apogee during the Second World War when the widest range of cases was handed over to military tribunals. In the Criminal Code of the RSFSR of 1960, the number of military crimes doubled, and the sanction became as severe as possible (up to the death penalty). The concept of a war crime is first mentioned in Article 67.1. The use of biological weapons, but it was introduced into the Code by the Law of the Russian Federation, dated 29.04.1993. The criminal code of the modern Russian Federation includes both military and war crimes, the sanctions are severe, but thesein no way restrain the Russian army, Rosgvardiya (National Guard of Russia), and paramilitary formations during a full-scale war against Ukraine. The world has witnessed numerous crimes against the civilian population, prisoners of war, and the environment (the blowing up of the Kakhovka HPP).