Article 335 of the Criminal Code of the Russian Federation with Commentary 2022: latest changes and amendments, judicial practice

Commentary to Art. 335 Criminal Code

1. The objective side of this composition is a violation of the statutory rules of relations between military personnel in the absence of subordination between them. The rules of relations between military personnel are regulated by the Charter of the Internal Service of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of November 10, 2007 N 1495.

Violation of the statutory rules of relations between military personnel must be associated with humiliation of honor and dignity, mockery of the victim, or involve violence.

Humiliation of honor and dignity is belittling the dignity of the victim, undermining his reputation, etc.

Mockery is an evil mockery, mockery of the guilty. It can be carried out in a decent manner, although its content is cynical and offensive, deeply wounding the human psyche.

Violence can be either physical (beatings, minor harm to health, restriction of freedom, etc.) or mental (various types of threats).

2. The act is completed from the moment of violation of the statutory rules of relations between military personnel.

3. The subject is a serviceman who violates the statutory rules of relations with another serviceman, in the absence of a relationship of subordination between them.

4. The presence of grave consequences (Part 3) must be established in the court verdict. They may be recognized as causing grievous harm to the health of the victim, causing death by negligence, suicide of the victim, etc.

Second commentary to Art. 335 of the Criminal Code of the Russian Federation

1. According to Art. 335, violent and other actions committed in connection with the official activities of the victim, or, although not in connection with the service, but for other reasons, are subject to qualification, but at the time of the commission of the crime the victim or the perpetrator was performing military service duties.

2. Cannot be qualified under Art. 335 cases of violence by one serviceman to another on the basis of personal relationships, not related to military service, violation of military law and order (Judicial practice of the Military Collegium of the Supreme Court of the Russian Federation (USSR) in criminal cases. M. 2010. P. 298).

3. According to Part 1 of Art. 335 are subject to qualification of violations of the statutory rules of relationships, associated with the threat of using various types of violence, as well as beatings, causing minor harm to health, and other violent actions associated with causing physical pain to the victim or restricting his freedom.

4. According to Part 2 of Art. 335 qualifies actions against two or more persons committed simultaneously or at different times, but not against one victim; a group of persons, a group of persons by prior conspiracy or an organized group; with the use of weapons, when the weapon is used directly to use or threaten to use violence; causing moderate harm to health.

5. To the grave consequences of Part 3 of Art. 335 should include causing death to the victim, grievous harm to his health, as well as suicide of the victim or attempt on his life.

6. From the subjective side, the crime is committed intentionally. The guilt of the subject in relation to the grave consequences that have occurred may be in the form of negligence.

7. The subject of the crime is a military serviceman, equal to the victim in terms of service position and military rank, senior and junior in military rank, but not in a relationship of subordination.

Criminal Code of the Criminal Code of the Russian Federation

Section 11. Crimes against military service

Chapter 33. Crimes against military service

Article 331. The concept of crimes against military service

1. Crimes against military service are recognized as crimes against the established procedure for military service provided for in this chapter, committed by military personnel undergoing military service by conscription or under contract, as well as by citizens in the reserve during their military training.

2. Lost power. — Federal Law of December 25, 2008 N 280-FZ.

3. Criminal liability for crimes against military service committed in wartime or in a combat situation is determined by the wartime legislation of the Russian Federation.

Article 332. Failure to execute an order

1. Failure by a subordinate to comply with an order from a superior given in the prescribed manner, which caused significant harm to the interests of the service, -

shall be punishable by restriction in military service for a term of up to two years, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years.

2. The same act, committed by a group of persons, a group of persons by prior conspiracy or an organized group, and equally entailing grave consequences, -

is punishable by imprisonment for a term of up to five years.

3. Failure to execute an order due to a careless or dishonest attitude towards service, resulting in grave consequences, -

shall be punishable by restriction in military service for a term of up to one year, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years.

Article 333. Resistance to a superior or forcing him to violate the duties of military service

1. Resistance to a superior, as well as to another person performing the duties of military service assigned to him, or forcing him to violate these duties, associated with violence or the threat of its use, -

shall be punishable by restriction in military service for a term of up to two years, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for a term of up to five years.

2. The same acts committed:

a) by a group of persons, a group of persons by prior conspiracy or an organized group;

b) using weapons;

c) causing grave or moderate harm to health or other grave consequences, -

shall be punishable by imprisonment for a term of up to eight years.

Article 334. Violent actions against a superior

1. Battering or the use of other violence against a superior, committed during the performance of his military service duties or in connection with the performance of these duties, -

2. The same acts committed:

a) by a group of persons, a group of persons by prior conspiracy or an organized group;

b) using weapons;

c) causing grave or moderate harm to health or other grave consequences, -

shall be punishable by imprisonment for a term of up to eight years.

Article 335. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them

1. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them, associated with humiliation of honor and dignity or mockery of the victim, or associated with violence, -

is punishable by detention in a disciplinary military unit for a term of up to two years or imprisonment for a term of up to three years.

2. The same act committed:

a) has become invalid. — Federal Law of December 8, 2003 N 162-FZ;

b) in relation to two or more persons;

c) by a group of persons, a group of persons by prior conspiracy or an organized group;

d) using weapons;

e) causing moderate harm to health, -

is punishable by imprisonment for a term of up to five years.

3. Acts provided for in parts one or two of this article, which entailed grave consequences, -

shall be punishable by imprisonment for a term of up to ten years.

Article 336. Insulting a serviceman

1. Insult by one military serviceman of another during the performance or in connection with the performance of military service duties -

shall be punishable by restriction in military service for a period of up to six months or detention in a disciplinary military unit for the same period.

2. Insulting by a subordinate of a superior, as well as by a superior of a subordinate during the performance or in connection with the performance of military service duties -

shall be punishable by restriction in military service for a period of up to one year or detention in a disciplinary military unit for the same period.

Article 337. Unauthorized leaving of a unit or place of service

1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time for service without good reason upon dismissal from a unit, upon assignment, transfer, from a business trip, vacation or medical institution lasting more than two days, but not more than ten days, committed by a military serviceman, those undergoing military service upon conscription, -

shall be punishable by arrest for a term of up to six months or detention in a disciplinary military unit for a term of up to one year.

2. The same acts committed by a serviceman serving a sentence in a disciplinary military unit -

shall be punishable by imprisonment for a term of up to two years.

3. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service for a duration of more than ten days, but not more than one month, committed by a military serviceman undergoing military service by conscription or under a contract, -

4. Acts provided for in part three of this article, lasting more than one month -

shall be punishable by imprisonment for a term of up to five years.

Note. A serviceman who has committed the acts provided for in this article for the first time may be released from criminal liability if his unauthorized abandonment of the unit was the result of a combination of difficult circumstances.

Article 338. Desertion

1. Desertion, that is, unauthorized abandonment of a unit or place of service in order to evade military service, as well as failure to appear for service for the same purposes -

is punishable by imprisonment for a term of up to seven years.

2. Desertion with weapons entrusted to the service, as well as desertion committed by a group of persons by prior conspiracy or by an organized group, -

is punishable by imprisonment for a term of up to ten years.

Note. A serviceman who has committed desertion for the first time, as provided for in the first part of this article, may be released from criminal liability if the desertion was the result of a combination of difficult circumstances.

Article 339. Evasion of military service duties by feigning illness or other means

1. Evasion of a military serviceman from performing military service duties by feigning illness, or causing himself any harm (self-mutilation), or forgery of documents, or other deception -

2. The same act, committed for the purpose of complete exemption from military service duties, -

is punishable by imprisonment for a term of up to seven years.

Article 340. Violation of the rules of combat duty

1. Violation of the rules for carrying out combat duty (combat service) to timely detect and repel a surprise attack on the Russian Federation or to ensure its security, if this act entailed or could entail harm to the interests of the security of the state, -

2. The same act, which entailed grave consequences, -

is punishable by imprisonment for a term of up to ten years.

3. Violation of the rules of combat duty (combat service) due to a careless or dishonest attitude towards them, resulting in grave consequences, -

Article 341. Violation of the rules for performing border service

1. Violation of the rules for performing border service by a person who is part of a border patrol or performing other duties of the border service, if this act entailed or could entail harm to the interests of the security of the state, -

2. The same act, which entailed grave consequences, -

is punishable by imprisonment for a term of up to five years.

3. Violation of the rules for performing border service due to a careless or dishonest attitude towards them, resulting in grave consequences, -

Article 342. Violation of the statutory rules of guard duty

1. Violation of the statutory rules of guard (watch) service by a person who is part of the guard (watch), if this act entailed causing harm to objects protected by the guard (watch), -

2. The same act, which entailed grave consequences, -

is punishable by imprisonment for a term of up to three years.

3. Violation of the statutory rules of guard (watch) service due to careless or dishonest attitude towards them, which entailed grave consequences, -

is punishable by imprisonment for a term of up to one year.

Article 343. Violation of the rules of service for the protection of public order and ensuring public safety

1. Violation of the rules of service by a person who is part of a military detachment for the protection of public order and ensuring public safety, if this act caused harm to the rights and legitimate interests of citizens, -

2. The same act, which entailed grave consequences, -

is punishable by imprisonment for a term of up to five years.

Article 344. Violation of the statutory rules for performing internal service and patrolling in the garrison

Violation of the statutory rules of internal service by a person who is part of the daily duty of a unit (except for guard and watch), as well as violation of the statutory rules of patrolling in a garrison by a person who is part of a patrol detachment, if these acts entailed grave consequences -

Article 345. Abandonment of a dying warship

Abandonment of a dying warship by a commander who has not fully fulfilled his official duties, as well as by a person from the ship’s crew without the proper order of the commander -

Article 346. Deliberate destruction or damage to military property

1. Intentional destruction or damage to weapons, ammunition or military equipment -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction in military service for a term of up to two years, or by arrest for a term of up to three months, or by detention in a disciplinary military unit for a term of up to two years, or imprisonment for up to two years.

2. The same acts that entailed grave consequences -

shall be punishable by imprisonment for a term of up to five years.

Article 347. Destruction or damage to military property due to negligence

Destruction or damage through negligence of weapons, ammunition or military equipment, resulting in grave consequences, -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by restriction in military service for a term of up to two years, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years, or imprisonment for up to two years.

Article 348. Loss of military property

Violation of the rules for storing weapons, ammunition or military equipment entrusted for official use, if this resulted in their loss through negligence, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by restriction in military service for a term of up to two years, or by arrest for a term of up to six months, or by detention in a disciplinary military unit for a term of up to two years, or imprisonment for up to two years.

Article 349. Violation of rules for handling weapons and objects that pose an increased danger to others

1. Violation of the rules for handling weapons, ammunition, radioactive materials, explosives or other substances and objects that pose an increased danger to others, if this negligently resulted in the infliction of grave harm to human health, the destruction of military equipment or other grave consequences, -

shall be punishable by restriction in military service for a term of up to two years or detention in a disciplinary military unit for a term of up to two years.

2. The same act, resulting in the death of a person through negligence, -

is punishable by imprisonment for a term of up to five years.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

is punishable by imprisonment for a term of up to ten years.

Article 350. Violation of rules for driving or operating vehicles

1. Violation of the rules of driving or operating a combat, special or transport vehicle, which through negligence resulted in the infliction of serious harm to human health, -

shall be punishable by arrest for a term of four to six months, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

3. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -

is punishable by imprisonment for a term of up to seven years.

Article 351. Violation of flight rules or preparation for them

Violation of flight rules or preparation for them, or other rules for the operation of military aircraft, which through negligence resulted in the death of a person or other grave consequences, -

is punishable by imprisonment for a term of up to seven years.

Article 352. Violation of navigation rules

Violation of the rules of driving or operating warships, which through negligence resulted in the death of a person or other grave consequences, -

is punishable by imprisonment for a term of up to seven years.