THE PROBLEMS OF LEGISLATIVE REGULATION AND PRACTICE OF APPLICATION OF MILITARY CRIMINAL PUNISHMENTS

  • Ruslan Valerievich Zakomoldin Togliatti State University
Keywords: military criminal legislation, criminal liability of military servants, special military criminal punishments, deprivation of military ranks, limitation in military service, confinement in guardroom, confinement in a disciplinary military unit

Abstract

The paper presents the analysis of the problems of legislative regulation and practice of application of special military criminal punishments under the current military criminal legislation of the Russian Federation. The author pays careful attention to such types of military criminal punishments as the deprivation of military ranks and government awards, limitation in military service, confinement in a disciplinary military unit, and confinement in a guardroom. The author distributes punishments in two subgroups according to the specifics of their execution: related and not related to the social isolation of convicted military servants; analyzes the weaknesses of criminal law provisions concerning military criminal punishments as well as the precedents of imposing of such types of criminal punishments on convicted military servants. Moreover, the author formulates the suggestions for the introduction of amendments and additions in the current military-criminal legislation and in judicial practice of its application aimed at the improvement of the efficiency of special military criminal punishments. The paper highlights the necessity of the existence of detailed explanations in the acts of judicial interpretation regarding the practice of imposing of special military criminal punishments by courts. Additionally, the author criticizes the incentives and attempts both of the scientists and certain government institutions aimed at the exemption of special military criminal punishments from the RF Criminal Code as well as the abolishment of special institutions dealing with their execution as unclaimed and needless. The author substantiates his position by the analysis of scientists’ opinions and official statistical and other data on the activity of courts and institutions executing punishments related to the military servants.

Author Biography

Ruslan Valerievich Zakomoldin, Togliatti State University

PhD (Law), Associate Professor, assistant professor of Chair “Criminal Law and Procedure”

Published
2019-06-11
Section
Статьи