Introduction. This study is devoted to the problems of regulation and application of special military types of exemption from criminal liability and punishment, currently provided for in Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation. The issues raised in it, taking into account the prevailing modern conditions, are of particular relevance and importance for the doctrine of criminal law. Theoretical Basis. Methods. The theoretical basis of this scientific work is the works of famous Russian scientists on the analyzed topic and related aspects. During the research, both general scientific and private scientific methods of cognition were used, including dialectical, system analysis, synthesis, comparison, interpretation (interpretation of law), historical and legal, etc. Results. Relevant conclusions and suggestions have been formulated. It is stated that the current military legislation and the blank prescriptions of Art. 78.1 and 80.2 of the Criminal Code of the Russian Federation referring to it, regarding the prohibition of admission to military service during the use of military force in peacetime and restrictions on the admission to military service in special periods of time of persons who have committed crimes, and accordingly, “truncation” of the legal grounds for their release from criminal liability and serving a sentence, in connection with military service (equivalent service) in special periods of time, is not correlated with the provisions of constitutional, criminal procedure, military and other sectoral legislation. Discussion and Conclusion. In this regard, it is proposed to take into account historical experience and return to work on the construction of the prescriptions of the criminal law, providing for the grounds and conditions for granting a delay in serving a sentence imposed or not served, in connection with military service (equivalent service) in special periods of time. Based on the above arguments, it is concluded that these regulations will make it possible to more effectively implement the constitutional requirements on the obligation of all citizens to defend their Homeland, respect the rights of released persons and eliminate the contradictions of the criminal law with the prescriptions of other branches of legislation existing in the studied part.
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