1. Restrictions on military service are imposed on convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of this Code for committing crimes against military service, as well as convicted military personnel performing military service under contract, instead of corrective work provided for in the relevant articles of the Special Part of this Code.
2. From the monetary allowance of a person sentenced to military service restrictions, deductions are made to the state's income in the amount established by a court verdict, but not more than twenty percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank.
- Article 50. Correctional work
- Article 52. Repealed
Application principle
Persons performing military service under a contract who have committed an offense are subject to a similar type of liability measures. It consists in the fact that a certain amount of funds is withheld from the employee’s money in favor of the state, and he is also limited in his career advancement.
This is a relatively new method, introduced so that military personnel can continue to carry out their service , but taking into account the prohibitions and restrictions that are assumed under Art. 51 of the Criminal Code of the Russian Federation. After all, many citizens serving in the army are very good specialists in their field, and their work there is very important. Thus, they continue to perform their duties and at the same time fulfill the responsibility assigned to them.
It is by depriving a person of part of his monetary earnings, as well as limiting career advancement in the army, that the correction of the attacker is achieved, according to legislators.
Judicial practice: sentences and punishment under Art. 51 of the Criminal Code of the Russian Federation
- Decision of the Supreme Court: Determination N 203-APU17-21... THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 203-APU17-21 APPEAL DECISION Moscow August 31, 2022 Judicial Collegium for Military Personnel of the Supreme...
- Decision of the Supreme Court: Resolution No. 310P13 dated... DECISION OF THE PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 310-P13 Moscow January 23, 2014 Presidium of the Supreme Court of the Russian Federation...
- Judicial Collegium for Criminal Cases, appeal:... THE SUPREME COURT OF THE RUSSIAN FEDERATION Case No. 72-APU 17-21 APPEAL DECISION Moscow October 04, 2022 Judicial Collegium for Criminal Cases...
- Ruling of the Constitutional Court of the Russian Federation dated March 13, 2018 N 578-O THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION RULING dated March 13, 2018 N 578-O ON THE REFUSAL TO ACCEPT A CITIZEN’S COMPLAINT FOR CONSIDERATION...
- Ruling of the ECtHR dated 02/14/2017 EUROPEAN COURT OF HUMAN RIGHTS THIRD SECTION CASE “MASLOVA VS. RUSSIAN FEDERATION” (Complaint No. 15980/12) JUDGMENT…
- Decision of the Supreme Court: Determination No. 56-КГ16-46 dated... THE SUPREME COURT OF THE RUSSIAN FEDERATION No. 56-КГ16-46 DETERMINATION Moscow March 6, 2017 Judicial Collegium for Civil Cases of the Supreme Court...
- Decision of the Supreme Court: Determination No. 56-КГ16-46 dated... THE SUPREME COURT OF THE RUSSIAN FEDERATION No. 56-КГ16-46 DETERMINATION Moscow March 6, 2017 Judicial Collegium for Civil Cases of the Supreme Court...
- Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENARY OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION of November 15, 2016 N 48 ON THE PRACTICE OF APPLICATION BY COURTS OF LEGISLATION GOVERNING FEATURES...
- Resolution of the Plenum of the Supreme Court of the Russian Federation dated... PLENARY OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 27, 2002 N 29 ON JUDICIAL PRACTICE IN CASES OF THEFT,...
- Resolution of the Presidium of the Supreme Court of the Russian Federation dated... PRESIDIUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION DECISION dated December 5, 2018 N 126-P18 ON RESUMING PROCEEDINGS IN THE CASE DUE TO NEW...
Features of punishment
Punishment is applied primarily to those who belong to the corresponding categories of restricted fitness for military service under articles of regulatory legal acts.
From the income of a convicted military man, no more than 20% of his earnings are deducted in favor of the state. He is prohibited from being promoted, and the period of execution of the punishment is not included in the total period of time for obtaining a new rank.
This type of punishment is determined only by a court verdict. A copy of the document is sent to the commander of the military unit. He, in turn, must within 3 days indicating the following information:
- on what basis and for how long a person cannot advance further up the career ladder in the army;
- what period does not count toward his length of service for receiving a military rank;
- what specific amount will be withheld from the employee’s earnings during the execution of the sentence.
This amount is calculated based on the following factors:
- salaries;
- allowances;
- other extras payments
The order is announced on the territory of the military unit to the citizen to whom this measure of responsibility will be applied.
At the same time , the commander must carry out educational work with him , explaining to him all the asociality and unseemly nature of his offense and the need to follow the laws of the Russian Federation.
Period and place of execution
According to Art. 51 of the Criminal Code of the Russian Federation, the period of punishment ranges from 3 months to 2 years or from 2 months if it was prescribed instead of correctional labor. The period is counted from the moment the court renders the relevant sentence. It must be executed by the commander of the military unit within 3 days from the date of receipt of a copy of the document.
3 days before the period of execution of the measure of responsibility expires , the unit commander is obliged to issue an order to end the restriction on military service. A copy of this document must be sent to the court.
Let's say the employee has already completed his military service before he fulfilled his punishment. Then the commander of his military unit sends the appropriate paper to the court with a request to replace the unserved part of the measure, since the citizen has changed his status.
The convicted person carries out his sentence in the same unit where he serves. An exception occurs if he is unable to fulfill his duties as a manager. Then he may be appointed to another position in another unit.
When the period may not be taken into account
The term may not be counted in cases where a citizen does not want to fulfill the measure of responsibility assigned to him. At the same time, the law does not provide for the replacement of this type of liability measures with any other, if such has been established.
In this case, the time period during which he is obliged to fulfill the measure of responsibility may be extended. Such decisions are made only by the court, at the request of the commander.
Commentary on Article 51 of the Criminal Code of the Russian Federation
1. The type of punishment named in the article has the following characteristic features:
1) applies only to military personnel performing military service under a contract;
2) excludes the possibility of their promotion while serving a sentence in office and military rank; the term of punishment is not counted towards the length of service;
3) from the monetary allowance of the convicted person, deductions are made to the state income in the amount established by the court verdict, but not more than 20%.
Restriction of freedom is assigned, as a rule, for committing crimes against military service, provided for in Ch. 33 of the Criminal Code, since sanctions in the form of restrictions on military service are established only for the commission of these acts. However, the law provides for the possibility of imposing this type of punishment for other crimes instead of correctional labor provided for in the relevant articles of the Special Part of the Criminal Code.
2. Restrictions on military service are imposed for a period of three months to two years, and when a serviceman is subject to correctional labor - for a period of two months to two years.
3. The amount of deduction from the monetary allowance of a convicted serviceman established by a court verdict is calculated from the official salary, salary according to military rank, monthly and other allowances and other additional monetary payments (Article 144 of the Penal Code of the Russian Federation).
Is it possible to appeal
The citizen to whom the restriction should apply has the right to appeal it to higher authorities. This requires submitting an application indicating objective reasons why it should not be used in relation to him. Additionally, you can list mitigating circumstances, if any (presence of small children, etc.).
It is best to seek the help of a professional lawyer to avoid obvious blots and mistakes. Only he can correctly draw up such a paper.
Restriction on military service and its criminal legal significance
Restriction on military service is the main type of punishment and is assigned exclusively to convicted military personnel performing military service under a contract:
- for committing crimes against military service, if this type of punishment is provided for in the relevant articles of Chapter. 33 of the Special Part of the Criminal Code of the Russian Federation;
- for other crimes - instead of correctional labor.
Restrictions on military service are imposed for a period of three months to two years.
The content of this punishment consists of the following restrictions on military service:
- during the entire period, deductions are made to the state's income in the amount established by the court verdict, but not more than twenty percent;
- while serving this sentence, the convicted person cannot be promoted to position or military rank;
- the term of punishment is not counted towards the length of service for the assignment of the next military rank.
The restriction on military service is served in the same military unit where the serviceman served before the sentence entered into legal force; the imposition of this type of punishment does not suspend service.
The amount of deduction from the salary of a convicted military personnel is calculated:
- from official salary;
- salary according to military rank;
- monthly and other allowances;
- other additional cash payments.
If, taking into account the nature of the crime committed and other circumstances, the convicted serviceman cannot be retained in a position related to the management of subordinates, he, by decision of the relevant commander of the military unit, is moved to another position, both within the military unit and in connection with a transfer to another unit or locality, which is notified to the court that passed the sentence.
The difference between restrictions on military service and correctional labor:
- The application of restrictions on military service is limited by subject; it can only be imposed on convicted military personnel performing military service under a contract. Correctional labor can be assigned to a wider range of convicts - any able-bodied citizens who do not have a main place of work;
- restrictions on military service are imposed on convicts for a period of three months to two years, and the minimum percentage of deductions from the convict’s salary to the state’s income is not determined by law, while correctional labor is assigned to convicts for a period from two months to two years and when this determines the minimum percentage of deduction from the prisoner’s earnings - it cannot be less than 5%;
- during correctional labor, the punitive content of this punishment includes only legal restrictions of a labor and material nature - from the earnings of the convicted person, deductions are made to the state income in the range from 5 to 20%, while with restrictions on military service, in addition to monetary deductions, other legal restrictions - a convicted person cannot be promoted to a position or military rank, the period of this punishment is not counted towards the length of service for the assignment of the next military rank;
- in case of malicious evasion from serving a restriction on military service, there is no provision for replacing the punishment with another. Correctional work can be replaced by other types of punishment.
