MIP online legal encyclopedia - » Criminal cases - comments from a Federal Judge / MIP Law Group » Punishment » Deprivation of a special, military or honorary title, class rank and state awards - comments from a Federal Judge / MIP Law Group
Sign up for a consultation with the head of the criminal department. We specialize in Article 48 of the Criminal Code of the Russian Federation. Professional explanations. Unlimited consultation time
Deprivation of a special, military or honorary title, class rank and state awards - free answers from lawyers online
For especially serious crimes, in addition to the punishment provided for by the criminal legislation of the Russian Federation, it is possible to deprive a person who has committed unlawful acts against the rights and freedoms of people and society as a whole:
- special (assigned in accordance with certain types of professions or positions);
- military (obtained during military service);
- or an honorary title (which is awarded for outstanding achievements in any field of activity);
- as well as class rank and state-level awards (medals, orders received for outstanding services to the Motherland).
This measure of punishment is resorted to extremely rarely, in cases where a person with titles or awards has completely discredited himself by committing a crime and causing harm on a large scale.
This penalty is applied on the basis of the forty-eighth article of the Criminal Code of the Russian Federation as an additional one, taking into account in each specific case the identity of the perpetrator of the crime.
For a person who was able to once receive them, the deprivation of all titles and awards, quite possibly deservedly, has quite a significant psychological significance, since it hits self-esteem and hurts honor.
But, in addition to the moral side, deprivation of state titles and awards also has material damage for the perpetrator of criminal acts, since the presence of all these state titles and awards gives their owner certain benefits and advantages.
Commentary to Art. 48 Criminal Code
1. This type of punishment may be imposed at the discretion of the court if certain conditions are met: a) the perpetrator has committed a grave or especially grave crime; b) the identity of the culprit. If a higher court changes the classification of a person's offense from a grave or especially grave crime to a crime of moderate or minor gravity, the imposed punishment in the form of deprivation of a special, military or honorary title, class rank and state awards is not imposed.
2. Taking into account the identity of the perpetrator includes an analysis of his socio-demographic (gender, age, health status, permanent place of work and residence, social and family status, etc.), criminal law (whether he was previously brought to criminal liability, if he was brought to , then the presence of an unexpunged and outstanding criminal record, the nature and degree of public danger of a previously committed criminal act, etc.) and criminal-executive (if he served a sentence, then what kind of it, behavior while serving the sentence, the presence of incentives and penalties, attitude to work , training, educational work, etc.) characteristics.
3. The court has the right to simultaneously deprive all titles, ranks and awards or limit itself to deprivation of a separate title, rank, award. Along with the deprivation of a title, rank or award, the convicted person is deprived of those benefits and other advantages that were associated with them.
Special ranks
They are assigned to people working in certain structures - government , special or law enforcement .
These bodies are most often engaged in the implementation of power functions, and they include:
- railway transport authorities;
- tax and diplomatic services;
- drug control and internal affairs bodies, etc.
After entering service in one of these structures, a person is assigned the first special rank, which must be suitable for his position. Further, after a certain time (length of service), he will be awarded the next special rank. After retirement, a corresponding notation is added to the special rank (for example, retired police major).
The deprivation of this title is also connected with the material side , because employees of these bodies receive a higher pension after leaving them.
Such punishment can be applied to defendants whose crime is interpreted as grave (that is, with a term of no more than 10 years) and especially grave (more than 10 years). This takes into account the identity of the perpetrator, his legal and social status, as well as the use of his official position or privileges .
The procedure for depriving a special rank is similar to depriving all others, so it will be discussed in more detail. In other cases, all that remains is to identify their unique features.
The decision to apply such additional punishment against the guilty person is made in court .
Basically, the court applies this measure when the presence of a rank contributed to the crime or can later be used by the accused for personal gain.
After this, a copy of the verdict is sent to the official who previously awarded this title to the accused. His responsibilities will include making a note about the deprivation of rank in all necessary documents.
Next, the order to enter into force the sentence is sent to the internal affairs bodies located at the place of registration of the convicted person. Employees of these bodies must confiscate from him or his family members certificates and documents that confirm the presence of a special rank. All this, together with a copy of the verdict, is transferred to the State Awards Service of the President of the Russian Federation .
If the accused, having a special rank, enjoyed some benefits or privileges, then along with the rank he is deprived of them. Therefore, the authorities applying these benefits should also be aware of the court decision.
The execution of the sentence is usually given one month , during which the court must be notified of its execution.
Deprivation of rank can be applied to both working employees of the authorities and those who are already retired or in reserve .
Second commentary to Art. 48 of the Criminal Code of the Russian Federation
1. This type of punishment is the only one that can only be assigned as an additional one.
2. When convicted of committing a grave or especially grave crime, taking into account the identity of the perpetrator, the court may deprive him of a special, military or honorary title, class rank and state awards, if, taking into account all the circumstances of the case, it considers that the convicted person is not worthy of retaining this or that title, the guilty person is not worthy to retain this or that title, state award, class rank or state award.
Class rank
Each position of officials in the civil service, the prosecutor's office, the Ministry of Justice, the FSSP, the FSIN and municipal employees has three classes, the higher the class, the more qualified and competent the specialist is, although hierarchically they can be equal to each other.
Such a system for increasing status makes it possible to more objectively identify the most diligent and worthy employees for promotion, as well as differentiate remuneration for work depending on the contribution of each participant, which is higher, the higher the class rank.
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 ›
Military ranks
Military ranks are obtained during military service in the Armed Forces of the Russian Federation. Serving in all troops - border, railway, Russian Ministry of Internal Affairs, FSB and others also gives the right to receive a military rank, which is assigned within ministries and departments. Higher military and special ranks can be awarded by the President of the Russian Federation.
Special ranks are assigned to persons who serve in special law enforcement agencies.
Procedure
The procedure for depriving the incentives discussed above is established in Article 61 of the Criminal Code of the Russian Federation and is as follows:
- The court that directly passed this guilty verdict, after it enters into legal force, transfers a copy of the verdict to the authorized person whose professional duties and powers were to assign the award or rank to the convicted person.
- In turn, this official, in accordance with the current procedure, makes an entry about the deprivation of the rank, as well as the deprivation of privileges and benefits, respectively, if any. One month is allotted for the execution of such procedures, after which the authorized person must report to the court on the status of execution of the decision.
- For military personnel, a copy of the verdict is also sent to the military commissariat.
Concept
First, you need to decide what the incentives listed above are.
- Special ranks are assigned to law enforcement officers.
- Military ranks determine the duties and position of military personnel and those liable for military service in relation to each other.
- An honorary title is one of the important state awards of the Russian Federation, which consists of encouraging and recognizing the merits of citizens by the state.
- Class rank is a qualifying attribute for certain groups of civil servants, determining the degree of suitability for carrying out the established form of labor activity. It is assigned to citizens, employees of the federal state civil service, state civil service of the constituent entities of the Russian Federation, law enforcement and municipal services. For example, a lawyer of the 3rd class, a secretary of the municipal service of the 1st class, a state adviser of the Russian Federation of the 1st class or a counselor of justice of the 1st class.
- State awards are the maximum form of encouragement for citizens who have especially distinguished themselves in defending the Fatherland.
State awards of the Russian Federation
For special services to the state and society in the professional field or during various emergency situations, for example, during military operations, a natural disaster or a fire, the government may decide on the highest form of reward for a citizen in the form of a state award. The most worthy receive from the hands of the President the Star of the Hero of the Russian Federation, as well as orders and medals, along with which insignia of the Russian Federation and honorary titles may be awarded.
Each award gives its owner not only a sense of pride and respect from others, but also a number of benefits that can be received from the state in the form of subsidies or concessions on various payments. As a result, the loss of a reward due to a committed offense that had grave consequences not only strikes a blow to pride, causing shame and remorse, but also worsens the position and social status of a citizen.
How can you return a military, honorary, special rank after it has been deprived?
The rank of a serviceman can be returned to a person who is competent to assign it, but only after the criminal record is cleared or expunged. The possibility of this is declared by Part 2 of Article 48 No. 53-FZ “On Military Duty and Military Service.”
State awards, according to Article 18 of the “Regulations on State Awards,” can be returned only after rehabilitation by a Presidential Decree, which will be signed only at the request of the citizen himself, self-government bodies or public organizations. Moreover, the petition will be considered only if the offense committed, for which the citizen was deprived of awards, has ceased to be socially dangerous.
The possibility of returning other honorary titles is not regulated by law.
Honorary titles
Every working citizen of the Russian Federation has a day of the year that is considered a professional holiday, traditionally celebrated with ceremonial meetings and concerts, honoring the best employees of an enterprise, company or organization. Having worked in one industry for many years and repeatedly received various awards, commendations and certificates of honor, an employee may be awarded an honorary title, for example, People's Artist or Honored Lawyer.
Such a title not only distinguishes a person from his colleagues, elevating him and giving him a reason for justified pride, but also provides certain concessions from the state and the opportunity to receive support in a number of social issues. Having lost an honorary title, a person practically cancels out many years of hard work and loses all advantages over others.
Read on to learn how the requirements of a sentence on deprivation of a military, special, or honorary title are fulfilled.
