On the Subject of Crimes Against Military Service (Chapter 33 of the Criminal Code of the Russian Federation)

Abstract

The modern criminal law defines that the subjects of crimes against military service are military personnel undergoing military service on conscription or under contract, as well as citizens who are in reserve during their military training. The signs characterizing these categories of persons are determined by federal laws, general military charters and departmental regulatory legal acts. In accordance with the latter, military personnel and citizens who are in reserve, during their military training, perform the duties of military service, are in the sphere of military-service relations and can be brought to criminal responsibility under articles of Chapter 33 of the Criminal Code of the Russian Federation. Along with this, Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service” (paragraph 2 of Article 1) defines that the forms of implementation of the constitutional duty to protect the Fatherland are military service during mobilization, martial law and in wartime. Article 22.1 of Federal Law No. 61-FZ of 31.05.1996 “On Defense” provides for the possibility of citizens’ participation in volunteer formations performing tasks in the field of defense. In cases and in accordance with the procedure provided for by federal laws and other regulatory legal acts of the Russian Federation, the status of military personnel may be extended to the above-mentioned persons. Consequently, if there are grounds, they can also be brought to criminal responsibility for committing crimes against military service. Taking into account these circumstances, recommendations are proposed to improve the current version of Part 1 of Article 331 of the Criminal Code of the Russian Federation.