Features of Criminal Liability of Persons Involved in a Special Military Operation

Abstract

The conduct of a special military operation has led to changes in many spheres of life of Russian society. A natural consequence of these processes was the reform of certain branches and institutions of legislation, including the provisions of criminal law. The separate law providing for the specifics of criminal liability of participants in a special military operation has been replaced by relevant legal norms. Currently, special grounds for exemption from criminal liability and punishment are provided for this category of persons who have committed crimes. Due to the novelty of such legislative prescriptions, there is a need to conduct a legal analysis of the norms provided for in Articles 781 and 802 of the Criminal Code of the Russian Federation. These novelties of the Russian criminal legislation are subject to theoretical understanding, on the basis of which ways to increase the effectiveness of criminal law regulations on exemption from criminal liability and punishment of participants in a special military operation are to be developed. As a result of the conducted criminal law study of the norms establishing the grounds and conditions for exemption from criminal liability and punishment of participants in a special military operation, their socio-legal essence was determined, their relationship with related norms and institutions was revealed, recommendations and explanations on the application of these norms were formulated, as well as potential directions for improving criminal legislation were outlined in this area. In particular, the reasonableness of clarifying the analyzed norms among the persons to whom the application of the relevant provisions is permissible is justified.