Military personnel are brought to criminal liability for committing a crime provided for by the criminal legislation of the Russian Federation. Article 335. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them 1. Real introduction, along with military alternative civil service. The proclaimed but not fully implemented law on this service causes social apathy and indifference of many law-abiding citizens, their disbelief in the possibility of building a rule of law state. By the way, in 1919, Soviet Russia became one of the first states to guarantee the right to conscientious objection to military service.
True, this “guarantee” actually turned into persecution of dissidents (mainly based on religious beliefs). An important role in solving this problem can be played by some public associations of citizens (councils, committees of soldiers' mothers), the church, and the media.
Criminal liability of military personnel - 7578
Violation of the statutory rules of relations between military personnel, associated with humiliation of honor and dignity or mockery of the victim or associated with violence, is punishable by imprisonment for up to 3 years, and in aggravating circumstances (by a group of people, with the use of weapons, the occurrence of grave consequences) - up to 10 years years.
The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal. [8]
Having considered, at the request of citizen V. E. Polunin, the question of the possibility of accepting his complaint for consideration at a meeting of the Constitutional Court of the Russian Federation, liability for failure to comply with the order arises under Article 332.
Punishment (depending on the nature of non-compliance with the order and the resulting consequences) is provided in the form of restriction in service for a term of up to two years, or arrest for a term of up 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 five years. Abandonment of a dying warship; destruction or damage to military property; loss of military property; violation of the rules for handling weapons and objects that pose an increased danger to others; violation of driving or operating vehicle rules; violation of flight rules or preparation for them; Violations of navigation rules form a group of crimes against the procedure for preserving military property, handling weapons, and rules for operating military equipment. The disciplinary charter of the Armed Forces of the Russian Federation also provides for certain measures of responsibility in relation to military personnel who violate the statutory rules of relations. General military regulations of the Armed Forces of the Russian Federation are official legal documents regulating service in the Armed Forces of the Russian Federation, training of personnel, defining the basis of combat operations of units and units, the rights and responsibilities of military personnel, their behavior, activities, life, everyday life and combat training . 10.
Improving the work of military justice bodies and, above all, military interrogators. Criminal liability for giving false testimony in a criminal trial? Solving this problem requires the adoption of a legislative act on military interrogators, whose functions should be close to the functions of police officers. The military investigator must have a legal education, possess operational skills, be removed from the staff of the military unit and from the subordination of the commander, and comply with all instructions and requirements of the military prosecutor and investigator.5. Significantly improving the social and living conditions of military service and providing military personnel with the opportunity to satisfy their material needs by legal means.
The basis for a judicial investigation is a violation of statutory rules . These include disobedience to the order of the commander, violation of the regulations, conflict with colleagues, refusal of guard duty, and insult to citizens who perform military duties. Most often, employees are convicted for unauthorized absence from work and violation of the charter . - the belief that he is a good person, is disposed towards you and is ready to communicate. Relationships can be businesslike.
(official) and
personal
(friendship, camaraderie, friendship, love). Conflicts sometimes arise in interpersonal relationships.
Forms of manifestation
Hazing relationships in the army are varied; their objects are the life and health of military personnel, human dignity, property rights and violation of rest schedules.
To read: PHYS for female military personnel
The most common forms of manifestation of hazing:
- beating;
- bullying and mockery;
- ridiculing features of appearance and physique;
- discrimination on religious and national grounds;
- blackmail and extortion;
- creating unbearable conditions of service without the use of direct violence, but with threats of it;
- physical and psychological pressure;
- involvement in work not related to the performance of official duties;
- coercion to refuse food;
- unlawful seizure of funds and other material assets.
The reasons for illegal acts are the impunity of senior soldiers, the inability of young men who came from their families to join the army to stand up for themselves, indifference and the hushing up of incidents by a neutral part of the team.
Criminal liability for crimes in the sphere of interpersonal relations
Provided for in Ch. 33 of the Criminal Code of the Russian Federation, military crimes can be divided into the following groups:
Abandonment of a dying warship (Article 345 of the Criminal Code of the Russian Federation). This article provides for liability for the abandonment by the commander of a dying warship, which is considered criminal only if the commander has not fully fulfilled his duties to save the ship, people and property entrusted to him. Responsibility under Art.
345 of the Criminal Code of the Russian Federation is also imposed on the crew members if they, without the proper order of the commander, given personally or transmitted in another way, leave a dying warship.
The crime in question can be committed by any military serviceman, regardless of whether these items were entrusted to him during his service or ended up in his possession by accident - crimes against the procedure for handling weapons and operating military equipment (Articles 349-352 of the Criminal Code of the Russian Federation). Responsibility under Art.
335 of the Criminal Code of the Russian Federation can only be carried out by those military personnel who are not in a relationship of subordination with the victims (equal to the victims in terms of service position and military rank, senior or junior in military rank).
The essence of the concept
Relationships in the personnel of the armed forces between military personnel who violate the requirements of the charter, grossly contradict the Constitution and the Criminal Code of the Russian Federation, are usually called hazing in the army. These violations in the interaction of military personnel of any category mean:
- encroachment on the rights and personality of a serviceman by other colleagues, humiliation of dignity and honor, bullying, violence;
- conflicts based on intemperance, personal hostility, causing offense;
- the informal division of a unit's military personnel into opposing groups that seek to consolidate their superior position over others.
You might be interested in:Nuclear Security: Stability Measures and Nuclear Technologies
You may be interested in: Complaint against Rostelecom: sample. Where to complain about Rostelecom
Features of interpersonal relationships
The characteristics of a person’s behavior in a team, in a small group, the results of his work, his activities or style of communication evoke certain reactions and feelings from those around him. Thus, the attitude of team members towards a person is formed - negative, positive or indifferent.
Many people feel uncomfortable around other people due to their inability to communicate. What helps and what hinders communication? The ancient commandments of communication say that to enjoy communication you must:
trust in the person you are communicating with, the belief that the interlocutor is disposed towards you, is ready to communicate with you; partnership relations
, which are based not only on common interests and views, but also on goals and results of joint activities. According to the degree of public danger, offenses are divided into two groups: misdemeanors and crimes.
Appeal to the military prosecutor
Simultaneously with filing a complaint with the commander and the military police authorities, the serviceman also has the right to contact the military prosecutor with a written statement about hazing with a request to take appropriate measures.
The appeal is registered with the military prosecutor's office within three days from the date of its receipt and is subject to consideration, as a rule, within 30 days from the date of registration, and if it does not require additional study and verification - within 15 days.
In the event of an additional inspection, request for materials and in other exceptional cases, this period may be extended, but not more than by 30 days (clause 2 of article 1 of the Law of January 17, 1992 N 2202-1; clause 2.1 of the Instructions, approved. Order of the Prosecutor General's Office of Russia dated March 18, 2013 N 70; clauses 2.3, 5.1, 5.8 of the Instructions, approved by Order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45).
In addition, a serviceman can contact the military prosecutor's office using the hotline telephone number.
You can find out more about questions regarding filing a complaint to a military prosecutor in the relevant material on our website.
Military crimes
Seliverstova. - M., 2012. - P. 827.
PSYCHOLOGICAL CHARACTERISTICS OF INTERPERSONAL RELATIONS OF WOMEN CONVICTED FOR SEXUAL CRIMES The second group according to the analyzed questionnaire belongs to the “distrustful-skeptical type (Figure 2). Thus, the obtained psychological data can contribute to a more effective organization of the work of a correctional institution psychologist with such women, the prevention of possible deviations in interpersonal relationships in the family and team, as well as the repeated commission of sexual crimes.
Interpersonal conflict as a cause of violent crime Kudryavtsev, Sergey Vladimirovich
Abstract - free , delivery 10 minutes , 24 hours a day, seven days a week and seven holidays
and others/, their dynamics /M. Deutsch, N.V. Krogius, E. What is the criminal liability for theft? A. Orlova, B. Raven, L. B. Filonov and others/, the reasons for their occurrence c. various spheres of life /A. G. Allahverdyan, F. M. Borodkin, N. V. Grishina, A. I. Dontsov, A. P. Egides, T. A. Polozova, M. G. Yaroshevsky and others/. However, the relationship between interpersonal conflict and criminal violence within the framework of this science has still been studied very little. Its study fills the existing gap in the field of socio-psychological analysis of conflict processes, helps to find connections between processes and phenomena traditionally studied by various scientific disciplines.
480 rub. 150 UAH
$7.5 ', MOUSEOFF, FGCOLOR, '#FFFFCC', BGCOLOR, '#393939');" onMouseOut=»return nd();»> Dissertation, - 480 rubles, delivery 1-3 hours, from 10-19 (Moscow time), except SundayPurpose and objectives of the research. The main goal of this work is to study the cause-and-effect relationship between interpersonal conflict and criminally punishable violent actions. This goal was specified in the following tasks: A type of conflict between people is an interpersonal conflict based on a real or illusory contradiction between their motives.
It represents a subject-subject interaction, the main elements of which are behavioral reactions that have a destructive impact on the motives of another subject. Criminal violent actions are possible elements of interaction of this particular type and perform various functions in it: punitive, protective, utilitarian.
General provisions
In order to understand what the legislator means by statutory relations, and what legal “hierarchy” exists, one should refer to the provisions of Decree of the President of the Russian Federation of November 10, 2007 N 1495 “On approval of general military regulations of the Armed Forces of the Russian Federation” and highlight several key points from them , consisting of the following (Chapter 2. “Relationships between military personnel”):
34. According to their official position and military rank, some military personnel in relation to others can be superiors or subordinates.
36. According to their military rank, the commanders are those undergoing military service:
- marshals of the Russian Federation, army generals, fleet admirals - for senior and junior officers, warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- generals, admirals, colonels and captains of the 1st rank - for junior officers, warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- senior officers in the military ranks of lieutenant colonel, captain 2nd rank, major, captain 3rd rank - for warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- junior officers - for sergeants, foremen, soldiers and sailors;
- warrant officers and midshipmen - for sergeants, foremen, soldiers and sailors of the same military unit; sergeants
- you and the foremen - for the soldiers and sailors of the same military unit.
37. Military personnel who, by their official position and military rank, are not their superiors or subordinates in relation to other military personnel, may be senior or junior.
Seniority is determined by military ranks of military personnel. Senior military ranks, if juniors violate military discipline (rules of conduct, wearing military uniforms, performing a military salute, etc.) must demand that they eliminate this violation. Juniors in military rank are obliged to unquestioningly fulfill these demands of their elders. Relationships between military personnel are built on the basis of mutual respect. In matters of military service, they must address each other as “you.” When contacting in person, the military rank is called without specifying the words “justice” or “medical service”.
So, as can be seen from these excerpts, legislators make no difference between military personnel who have temporary differences in the time of conscription. Based on this, the actions discussed in this article, also known as “hazing,” are the unspoken internal distribution of military personnel according to the length of their service, that is, “elders or grandfathers” are persons who have usually served for more than six months (previously more than 1 years), and “spirits” are persons who have just arrived in the ranks of the armed forces of the Russian Federation. Basically, “hazing” manifests itself in the desire of “elders” to assert themselves at the expense of “younger ones” through the use of physical or psychological violence.
For example, let’s assume the following situation: Citizen “A”, 18 years old, together with 10 people the same age, arrived for military service in unit “N”, where they were distributed among several companies. “A”, together with his acquaintance “B”, ended up in the same company under number “1”. From the first day, there was an extremely negative and biased attitude towards “A” and “B” on the part of persons who already had several months of service behind them, especially from the nineteen-year-old “B”, which developed without any specific reasons for this, but only on the basis of their "youth". On the third day after the command, lights out “B” woke up “A” and “B” and ordered them to report to the “tailgate” within a minute, where several more “seniors” were waiting for them. As it turned out in the end, these individuals became bored, and they decided to stroke their pride and dispel boredom at the expense of the new ones.
To do this, they dressed citizen “A” in a chef’s robe, and citizen “B” in a tunic and, under the threat of violence, forced them to perform some ridiculous scene on behalf of both male and female persons. The next night the situation repeated itself, only instead of performing they were ordered to shine shoes and wash the “grandfathers’” clothes. The next night was the last straw of patience for “A” and “B”, and after another awakening and an absurd order, they refused to carry out the instructions and informed that they would report the bullying to the company sergeant major. Such an ultimatum greatly angered the elders, and they decided to teach the “arrogant youths” a lesson with their fists, as a result of which the boys suffered slight harm to their health, which was confirmed by a medical officer.
Prevention of crimes committed in the sphere of family and household relations
A domestic crime is the result of the resolution by a socially dangerous act of a conflict that has arisen between people who are in certain (legal and actual) family (kinship) relationships. Conflicts that lead to crimes in the family and household sphere are always associated with the individual himself and his behavior. Much depends on the level of maturity, on whether a person is ready or not to overcome contradictions in a law-abiding way[1].
[3] Criminology: textbook / ed. S. Ya. Lebedeva, M. A. Kochubey. – M.: UNITY-DANA, Law and Law, 2007. – P. 468.
Victimological prevention of crimes in the sphere of family and household relations, for example, the production and distribution in the residential sector of special warnings about methods of protection against criminal attacks, domestic violence, taking into account the most dangerous types of them.
Investigators submit motivated submissions at the place of work and in educational institutions, which helps to improve educational work, strengthen production and planned discipline, and establish proper control over persons who have committed domestic crimes. It is necessary to offer specific recommendations in submissions to eliminate the identified causes and conditions for the commission of this type of crime.7. Sending motivated decisions by the head of the correctional institution, or by the head of the police department, to the court on deciding the issue of imposing restrictions and prohibitions in relation to persons who continue to lead an asocial and antisocial lifestyle.
The joint criminal action of several persons has a number of gradations depending on the level of their socio-psychological organization:
With simple complicity, with certain common interests, there is still no unity of goals. The interrelation of the actions of the accomplices in simple complicity arises spontaneously. Objectively, this relationship is due to the partial coincidence of individual goals.
The most persistent antisocial orientation is usually the leader of a criminal group, who unites around himself a core of the most demoralized members of the group, its “top”, which organizes the criminal activities of the entire group. The more socially dangerous the goals and actions of a group, the more differentiated the roles and functions of group members are.
The actions of all participants in a criminal group are always interdependent and functionally differentiated. The actions of each group member are in a certain causal relationship with the overall criminal result. Criminal liability for libel in the media? The activities of all members of a criminal group are always motivated by common interests and organized in accordance with a common intention. The highest form of a criminal group is a gang - a well-organized and armed criminal group that poses the greatest public danger.
A gang is characterized by its focus on committing serious crimes, the stability of interpersonal connections and relationships, the formation of certain methods of criminal activity and methods of concealing crimes. A criminal group is distinguished by its system of norms and patterns.
Indirect and intentional forms of guilt
Only military personnel and officials with a military rank can act as subjects of NDA. Depending on the composition of the crime/offense, two forms of guilt are legally distinguished:
Criminal liability and crime
object of crime
– these are social relations protected by criminal law, which are encroached upon by a crime;
A punishment not provided for in this list cannot be imposed. When assigning a sentence, the court takes into account aggravating and mitigating circumstances.
main punishments
- correctional labor, restrictions on military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment and death penalty; 2)
additional punishments
- deprivation of a special, military or honorary title, class rank and state awards, confiscation of property; There are situations when acts are committed that have an external resemblance to a crime, but are not recognized as such:
The legislative framework
Hazing in today's army, rights, freedoms, and responsibility are qualified in accordance with the disciplinary charter, the Criminal Code and a number of federal laws of the Russian Federation. It should be remembered that unquestioning submission to the commander is legally enshrined, even if the order was given orally (clause 39, clause 43 of the Internal Service Charter, Article 26 of the Federal Law “On the Status of Military Personnel”).
For failure to execute or improper execution of an order, liability is provided for in accordance with the Criminal Code (Article 332 of the Criminal Code of the Russian Federation) and involves restriction in service, stay in a disciplinary unit (disbat), and arrest.
All provisions determining the degree of responsibility and protection of conscripts, the procedure and features of the investigation of crimes committed by military personnel are enshrined in the Code of Criminal Procedure of the Russian Federation (Clause 3, Part 1, Part 2, Article 40 of the Code of Criminal Procedure; Article 157 of the Code of Criminal Procedure; Article 144 -146 Code of Criminal Procedure of the Russian Federation), also Art. 13 Federal Law “On state protection of victims, witnesses and other participants in criminal proceedings.”
Incidents indicating violations still occur, but, as experience shows, a positive effect in eliminating cases of crime among military personnel, effective actions eradicating hazing in the Russian army, can only be achieved through coordinated and united work of the military team at all levels. The problem requires a comprehensive solution, including a built-in strict system of preventive work, taking into account the characteristics of the service, the specifics of the tasks being solved by the military unit, and deployment.
Source
Criminal liability for crimes in the field of road safety
Read other articles on the site:
- Resolution to extend the period of detention for extradition
- Conditions for serving a sentence of imprisonment in penal colonies
- The recognizance not to leave the place when the sentence comes into force has been canceled
- Criminal prosecution under Article 201 of the Criminal Code of the Russian Federation begins only upon application
- What to do if your request to initiate a criminal case for alimony is refused
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
Contacting the military police
A serviceman can independently contact the military police authorities in a specific military garrison. In turn, military police officials are obliged to take measures to protect the life, health and legal rights and freedoms of such military personnel. Proceedings for a disciplinary offense are carried out within the competence of the military commandant of the garrison or a person appointed by him (clause 7, clause 3, - 10 clause 20, clause 187 of the Military Police Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of March 25, 2015 N 161).
Popular tags
Committing a crime Composition of a crime Article of the Criminal Code car administrative initiation civil money activity document complaint law statement health property execution supervision punishment sample application release grounds liability refusal to submit police receiving order resolution right preliminary termination involvement causing harm production prosecutor's office prosecutor process decision witness investigation deadlines judicial condition petition storage
