A new period of evolution of the system of crimes against military service

Abstract

The object of the study is the system of crimes against military service, as determined both in the current criminal law and in domestic criminal laws that have lost their force, as well as the system-forming criterion for its construction in the form of time and the situation of the objective side of crimes against military service. The purpose of the study is to establish that the specified criterion for constructing a system of crimes against military service in certain periods of the development of the national state and law had a direct impact on the structure of the system under study. The relevance of the study is connected with the need to solve the problems of protecting relations that develop in connection with the passage (carrying out) military service. The research is based on a systematic approach, as well as proven general scientific and private scientific methods. The novelty of the study lies in the fact that the norms of the criminal law on crimes against military service are studied from the point of view of a systematic approach. The authors continue to consider these norms precisely as a system, that is, a certain model, which is based on the criteria for its construction (system-forming criteria). The study of domestic sources of criminal law and an extensive list of scientific literature made it possible to establish that the criterion of constructing the objective side of the system of crimes against military service in the form of time and situation influenced its structure, but at present it is excluded, which allows us to state the beginning of a new period of its evolution, opening the "doors" for novelties of criminal legislation as in parts of the norms on crimes against military service, as well as other provisions of the criminal law. The study may be of interest both for scientists studying the problems of criminal liability for crimes against military service, and for representatives of the legislative branch of government in the Russian Federation.