Military service does not represent a permanent move up the career ladder. The catchphrase of Napoleon I that “every soldier carries a marshal’s baton in his knapsack” (Tout soldat francais porte dans sa giberne le baton de marechal de France) is true only for the most talented and persistent, of whom there are only a few among millions. Unfortunately, military personnel, like no one else, are susceptible to vices, which often lead them to disciplinary action or to the dock.
One of the additional punishments applied to current and former military personnel is deprivation of military rank or demotion (demotion). This punishment is urgent. After the expiration of time, those deprived of the title may apply for its restoration. The article will discuss what is the reason for deprivation of a rank, who imposes such a punishment, and how to regain the well-deserved insignia on shoulder straps after that.
Military special rank
The armed forces and paramilitary forces are characterized by a clear hierarchy of subordination. The principle of “unity of command” and unquestioning subordination of the younger to the elder is unshakable in them. We are not talking about seniority by age, which has no meaning in the army, but seniority by military (special) rank.
The hierarchy of military ranks originated in ancient times. During the Roman Empire, the military hierarchy was brought to a level of perfection that served as a role model for all subsequent armies of the world. In Russia, a system of ranks close to the modern one was established by Emperor Peter I, who established the “Table of Ranks”, in which military service was defined as one of the three types of “sovereign” service. It concerned only persons with officer ranks. There was a separate hierarchy of ranks for privates and non-commissioned officers.
Currently, military rank is not only a sign that allows one to determine seniority in the army hierarchy, but also provides its holder with a number of advantages and benefits of a material and social nature: salary according to rank, pensions, social benefits. In this regard, it is clear that deprivation of a military rank causes not only moral, but also tangible material damage to a military man or former military man.
Grounds for deprivation of military rank
To come to the procedure for restoring a military rank, you need to know why it can be deprived, and what is the procedure for applying this penalty.
Deprivation and restoration of military rank in it are regulated by one article of the Criminal Code of the Russian Federation - 48. Part one - provides grounds for applying a penalty as an additional measure to the main criminal punishment. Part two - the procedure for rehabilitation, is of a referential nature, the third part - which is not typical for the criminal legislation of the Russian Federation - regulates legal relations of an administrative nature, also of a referential nature.
From the meaning of part 1 of Art. 48 of the Criminal Code of the Russian Federation it follows that deprivation of a military rank is a criminal penalty. However, it cannot be used as the main one. It is always additional to the main one.
The determining factor is the severity of the crime committed for which the serviceman (or a person who has a military rank, but is not in military service at the time of sentencing) is convicted.
There are two criteria:
- heavy;
- especially serious crime.
N.B ! The principle of classifying an act into one category or another is enshrined in Art. 15 of the Criminal Code of the Russian Federation.
Since we are talking about military personnel, the bulk of the crimes committed fall into the category of violent or military. However, the last 20 years of development and strengthening of the clan-based “top” of government administration, deeply riddled with corruption, increasingly brings evidence that deprivation of military rank is applied to high-ranking military personnel, with the rank of colonel and above, convicted of bribery or economic crimes that caused serious damage to the armed forces and the state as a whole.
The practice of applying additional punishment, in the form of deprivation of military rank, indicates that it is most effective in relation to officers of the highest level - generals. This is due to the fact that by the time the crime is committed, these individuals have managed to achieve a sufficient level of influence, both among the military personnel subordinate to them, and have acquired extensive corrupt connections. They are of interest not only for their capabilities, which they have by virtue of their position, but also for their influence, due to the authority of their high military rank, among civilians.
Deprivation of their rank makes them “uninteresting” for maintaining criminal connections. And upon release from serving a sentence of imprisonment, they are of no interest in resuming ties, since they will never be able to achieve their previous capabilities and have the administrative and financial resources at their disposal. A separate aspect of deprivation of rank is the moral collapse, which is acutely experienced by career officers. Despite the fact that they entered the criminal path.
Third commentary to Article 48 of the Criminal Code of the Russian Federation
1. Deprivation of a special, military or honorary title, class rank and state awards can be imposed only as an additional punishment (Part 3 of Article 45 of the Criminal Code) upon conviction for committing a serious and especially serious crime with mandatory registration of information about the identity of the perpetrator, i.e. e. when the culprit has lost the moral right to bear one or another special, military or honorary title, class rank and state awards. This punishment can also be applied with a suspended sentence (Part 4 of Article 73 of the Criminal Code).
2. Special ranks are those assigned to employees of internal affairs bodies, diplomatic, customs, tax services, communications, railway transport, civil air fleet, prosecutorial and investigative workers, etc. Military ranks are considered to be ranks in the Armed Forces, in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in The Foreign Intelligence Service of the Russian Federation, the FSB, FSO, military units of the Federal Fire Service, etc. Honorary titles are established in order to reward citizens for high professional qualities, skill and many years of conscientious work. In the Russian Federation, for example, the following honorary titles have been established: “People’s Artist of the Russian Federation”, “People’s Artist of the Russian Federation”, “Honored Scientist of the Russian Federation”, “Honored Lawyer of the Russian Federation”, etc. Class rank is the official rank of civil servants , which is associated with certain rights and obligations (assigned, for example, to employees of justice agencies, prosecutors, courts, etc.).
3. State awards in accordance with Decree of the President of the Russian Federation of March 2, 1994 N 442 “On state awards of the Russian Federation” (as amended on September 7, 2010) (Rossiyskaya Gazeta. 1994. March 10) are the highest form of reward for citizens for outstanding merits in the defense of the Fatherland, state building, economics, science, culture, art, education, education, protection of health, life and rights of citizens, charitable activities and other outstanding services to the state.
4. Deprivation of titles, class ranks and awards entails the loss of all rights, benefits and advantages that are associated with the corresponding title or award. The court does not have the right to deprive a convicted person of academic degrees and academic titles. The court notifies the body that assigned this title or class rank about the deprivation of a convicted person of a special, military or honorary title or class rank, which makes appropriate changes to the documents and takes measures to deprive the convicted person of the rights and benefits associated with this title or class rank. The official, within one month from the date of receipt of a copy of the sentence, informs the court that passed the sentence about its execution.
5. Only the President of the Russian Federation can deprive state awards and honorary titles of the Russian Federation by his decree on the recommendation of the court in the event that the recipient is convicted of a serious or especially serious crime.
It appears that this rule does not apply to persons who received awards and honorary titles in the USSR. Orders, medals, insignia and badges for honorary titles, award documents belonging to a person deprived of state awards are confiscated by law enforcement agencies and sent to the Office of the President of the Russian Federation for State Awards. ‹ Article 47. Deprivation of the right to hold certain positions or engage in certain activitiesUp Article 49. Compulsory work ›
The procedure for depriving a serviceman of his military rank
The decision to deprive the rank is made by the court that passed the main sentence. The reasons for this decision are:
- the possibility of using one's official position to give unlawful orders to subordinates;
- discrediting a military rank due to the commission of a crime that damages military honor;
- committing a selfish crime that harms the armed forces or the interests of the state as a whole.
The implementation of the sentence begins after the court decision enters into force, that is, after all the deadlines provided for by the Code of Criminal Procedure of the Russian Federation for appealing to higher courts have passed.
A copy of the verdict that has entered into force is sent to the official authorized to assign the appropriate military ranks in accordance with Federal Law No. 53 of March 28, 1998. An official (starting from colonel and above - the President of the Russian Federation), guided by Art. 48 FZ-53, makes a decision on deprivation of military rank.
For the period of validity of the sentence, the assignment of the next military rank provided for persons in the reserve is suspended for the deprived of rank of a military man:
Duration of stay in reserve in military rank
The military unit command is notified of the decision made if the serviceman was not dismissed from service at the time of conviction. Copies of the verdict and decision on deprivation of military rank are sent to the social protection authorities. The verdict is the basis for deprivation of all types of benefits, allowances and pensions due in accordance with military rank. Certificates confirming the rank are confiscated from the convicted person and family members. Following the deprivation of social benefits and pension benefits for the convicted person, family members who were dependent on him are also deprived of these benefits.
Commentary to ST 61 of the Penal Code of the Russian Federation
Article 61 of the Penal Code of the Russian Federation. Execution of a court verdict on deprivation of a special, military or honorary title, class rank and state awards
Commentary on Article 61 of the Penal Code of the Russian Federation:
1. Deprivation of a special, military or honorary title, class rank and state awards is applied exclusively as an additional type of punishment. It is necessary to pay attention to the fact that this type of punishment can only be imposed upon conviction for committing a serious or especially serious crime, taking into account the identity of the perpetrator, although not a single sanction of the article of the Special Part of the Criminal Code of the Russian Federation contains a direct indication of the possibility and necessity of imposing this type of punishment . In other words, in each specific case the court must decide on its application to the convicted person. This type of punishment cannot be assigned conditionally to juvenile offenders.
Unlike other types of criminal penalties, the legislator does not provide for a period for which a person guilty of committing a crime may be deprived of a special, military or honorary title, class rank and state awards. At the same time, according to Part 2 of Art. 48 of the Federal Law of March 28, 1998 N 53-FZ “On Military Duty and Military Service” (as amended on April 12, 2007), a citizen deprived of a military rank, after the removal or expungement of a criminal record, can be reinstated to his previous military rank by an official a person entitled to assign this military rank in accordance with the Regulations on the procedure for military service. In accordance with clause 18 of the Regulations on State Awards of the Russian Federation <1> the President of the Russian Federation may restore a citizen of the Russian Federation in the rights to state awards: in the event of his rehabilitation; if the act committed by the recipient, for which he was deprived of state awards, has lost its socially dangerous character.
——————————— <1> See: Decree of the President of the Russian Federation of March 2, 1994 N 442 “On state awards of the Russian Federation” (as amended on June 28, 2005) // SAPP RF. 1994. N 10. Art. 775.
Special titles are assigned to employees of the penal system, internal affairs bodies and other government bodies where the assignment of such titles is provided.
Military ranks are ranks assigned to persons undergoing military service. Military service is a special type of federal public service performed by citizens in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of the Russian Federation, in the civil defense troops (hereinafter referred to as other troops), engineering, technical and road construction military formations under the federal executive bodies authorities (hereinafter referred to as military formations), the Foreign Intelligence Service of the Russian Federation, the federal security service, the federal agency for special communications and information, the federal state security agencies, the federal agency for ensuring mobilization training of state authorities of the Russian Federation, military units of the federal fire service and those created for wartime special formations. The list of military ranks is given in Part 1 of Art. 46 of the Federal Law “On Military Duty and Military Service”.
Class ranks are ranks assigned to civil servants holding public positions in accordance with Federal Law dated July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation” (as amended on March 2, 2007) (for example, actual state Advisor to the Russian Federation 1st, 2nd and 3rd class, etc.).
In accordance with clause 1 of the Regulations on State Awards of the Russian Federation, state awards of the Russian Federation are: the title of Hero of the Russian Federation, orders, medals, insignia of the Russian Federation; honorary titles of the Russian Federation. Thus, from the analysis of the above Regulations it follows that honorary titles are a type of state awards.
The procedure for conferring honorary titles is regulated by the Regulations on honorary titles, approved by Decree of the President of the Russian Federation of December 30, 1995 N 1341 “On the establishment of honorary titles of the Russian Federation, approval of the Regulations on honorary titles and descriptions of the badge for honorary titles of the Russian Federation” <1> (in edition dated December 23, 2001).
——————————— <1> NW RF. 1996. N 2. Art. 64.
It should be noted that the court does not have the right to deprive, for example, an academic degree, academic title and other titles that are of a qualifying nature and confirm the appropriate level of professional competence and skill.
After a court verdict on depriving a convicted person of a special, military or honorary title, class rank and state awards enters into legal force, the latter sends a copy of the verdict to the body that awarded the title, class rank or state award. This provision does not contradict the requirements of criminal procedure legislation, according to which a copy of the conviction is sent by the judge or the chairman of the court to the institution or body entrusted with the execution of the punishment (Part 2 of Article 393 of the Code of Criminal Procedure of the Russian Federation).
If the verdict of the court of first or appellate instance is changed when considering a criminal case in cassation, a copy of the ruling of the cassation court is also attached to a copy of the verdict.
2. Based on the received copy of the verdict, the official, in the prescribed manner, makes an entry in the relevant documents about the deprivation of the convicted person of a special, military or honorary title, class rank or state awards.
The official takes measures to deprive the convicted person of the rights and benefits provided for persons with the appropriate title, rank and awards, for which he informs about this organizations and enterprises that apply these benefits (for example, health authorities, social security, housing and communal services, etc. .) and confiscates from the convicted person or members of his family the corresponding orders, medals, insignia, as well as documents and certificates for them.
3. When a punishment is imposed in the form of deprivation of a special, military or honorary title, class rank and state awards to a convicted reserve serviceman, a copy of the court verdict is sent to the military commissariat at the place of military registration of the latter.
4. The execution of a court sentence on the deprivation of a special, military or honorary title, class rank and state awards must be carried out within a month, which the relevant official reports to the court that passed the sentence.
