Punishment for Unauthorized Leaving of Military Unit or Place of Duty

Abstract

The article is devoted to the types of punishment and the peculiarities of their execution for the crime under Article 337 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). It is noted that unauthorized leaving of service is a crime committed by a special subject – a serviceman. Responsibility for such an offense is a part of its status. Such types of punishment as arrest, imprisonment, as well as special types of punishment inflicted to the special subject of the crime in question are considered: detention in a disciplinary military unit, restriction on military service. Particular attention to the procedure for serving a sentence in the form of arrest at the guardhouse, detention in a disciplinary military unit is paid. The judicial practice of military courts in terms of imposing the penalties under consideration has been analyzed. According to the results of the study it is proposed to change the current legal regulation. It is advisable in the sanction of part 1 of article 337 of the Criminal Code of the Russian Federation to replace the arrest for up to 6 months with a disciplinary arrest for up to 45 days due to the fact that this act is committed by military personnel on conscription is not long, and arrest with a maximum period is quite severe punishment. It is also proposed to exclude part 2 of Article 337 of the Criminal Code of the Russian Federation and at the same time introduce these provisions into Article 313 of the Criminal Code of the Russian Federation, since the content in a disciplinary military unit is an alternative to imprisonment.