Article 331 of the Criminal Code of the Russian Federation in a new edition with Comments and latest amendments for 2022

New edition of Art. 331 of the Criminal Code of the Russian Federation

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.

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.

Commentary on Article 331 of the Criminal Code of the Russian Federation

1. The legal basis for establishing a criminal offense for crimes against military service is the Constitution, the Law on Military Duty, Federal Law dated May 27, 1998 N 76-FZ “On the Status of Military Personnel” (as amended on January 6, 2007) <1>, general military regulations of the Armed Forces Russian Federation, other Federal Laws and other legal acts of the Russian Federation in the field of defense, military duty, military service and the status of military personnel, international treaties of the Russian Federation. Thus, the Constitution in Art. 59 proclaims the defense of the Fatherland as the duty and responsibility of a citizen of the Russian Federation. This provision prohibits citizens from evading the duties of military service, and military personnel from violating the established procedure for completing it. ——————————— <1> NW RF. 1998. N 22. Art. 2331; 2000. N 1 (part 2). Art. 12, N 26. Art. 2729, N 33. Art. 3348; 2001. N 1 (part 1). Art. 2, N 31. Art. 3173, N 53 (part 1). Art. 5030; 2002. N 1 (part 1). Art. 2, N 19. Art. 1794, N 21. Art. 1919, N 26. Art. 2521, N 48. Art. 4740, N 52 (part 1). Art. 5132; 2003. N 46 (part 1). Art. 4437, N 52. (Part 1). Art. 5038; 2004. N 18. Art. 1687, N 30. Art. 3089, N 35. Art. 3607; 2005. N 17. Art. 1483; 2006. N 1. Art. 1, art. 2, N 6. Art. 637, N 19. Art. 2062, Art. 2067, N 29. Art. 3122, N 31 (part 1). Art. 3452, N 43. Art. 4415, N 50. Art. 5281; 2007. N 1 (part 1). Art. 41, N 2. Art. 360.

2. Military personnel bear criminal liability for a crime committed on the same basis for all citizens, regardless of military rank and position held (Articles 23, 28 of the Internal Service Charter of the Armed Forces of the Russian Federation). However, taking into account the peculiarities of the legal situation, they can be brought to justice for committing not only ordinary criminal, but also special, military, crimes under certain norms of military criminal legislation established for them.

3. Pinned in part 1 comment. article, the concept of a crime against military service is a variation of the general concept of a crime formulated in Art. 14, and indicates only the specifics of a military crime. A military crime is a socially dangerous act committed by a military serviceman, prohibited by the Criminal Code of the Russian Federation under threat of punishment.

Being a type of general concept, a crime against military service has all its characteristics: public danger, criminal wrongfulness, guilt and punishability. However, these signs have a certain military specificity, due to the nature of military service.

4. The social danger of a crime is expressed in causing or creating a threat of causing harm to the interests of the individual, society and the state protected by criminal law, for example, violent actions against a superior (Article 334), violation of the statutory rules of military relations between military personnel in the absence of subordination relations between them (Article 334). 335) cause harm to the health of the injured serviceman. Violation of the rules for handling weapons and objects that pose an increased danger to others (Article 349), violation of flight rules or preparation for them (Article 351) and others harm public safety.

These interests of the individual, society and the state in other cases can be protected by applying ordinary criminal norms. In military crimes, behind them lie the interests of another, higher order - national military security. Military security refers to the state of the country's armed defense from armed aggression. The function of armed defense is performed by the armed forces and other federal state military formations. Any crime against military service, no matter what it is expressed in, one way or another undermines the combat readiness of a military unit, and therefore harms the military security of the country.

5. Crimes against military service are characterized by special illegality; they can only be recognized as those listed in Chapter. 33 of the Criminal Code of the Russian Federation. Other crimes committed by military personnel and causing damage to the interests of military service (for example, theft of military property, disclosure of state secrets of a military nature, etc.) are not included in these crimes, but should be qualified under other articles of the Criminal Code of the Russian Federation. On the other hand, all acts that fall under the elements of crimes provided for in Ch. 33, and at the same time under general criminal norms, must be qualified under the relevant articles of this chapter, and not under the general articles of the Criminal Code of the Russian Federation.

5.1. The following qualification rule can be formulated: an act constituting a military crime is always singled out and qualified as such; if there are circumstances that go beyond the scope of this crime, do not cover this act and form signs of a more dangerous ordinary crime, it is additionally qualified under the article providing for the criminal code for this ordinary crime. So, if a serviceman, resisting his superior, kills him, then what he did in terms of murder is qualified under paragraph “b” of Part 2 of Art. 105, and resistance - according to paragraph “c” of Part 2 of Art. 333 (on the basis of causing grave consequences), since murder does not cover resistance. If a circumstance that goes beyond the scope of a military crime covers the act constituting this crime and forms the corpus delicti of a more dangerous ordinary crime, the act is qualified only according to the general criminal norm providing for the criminal code for this crime. For example, the murder of a superior by a subordinate in connection with his performance of military service duties on objective and subjective grounds is covered by paragraph “b” of Part 2 of Art. 105, additional qualifications under Art. 334 is not required; murder of a superior not in connection with the performance of his official duties, but in the performance of these duties, Art. 105 does not provide; in this case, what was done forms a set of crimes under paragraph “c” of Part 2 of Art. 334 (a sign of another grave consequence) and Art. 105.

5.2. The specificity of the criminal wrongfulness of crimes against military service also lies in the fact that all these compounds, being blankets, violate not only the corresponding criminal law prohibition, but also the rules of military service enshrined in military regulations, other laws and other regulatory legal acts. The content of each military crime can be understood only through an analysis of certain military legal norms, for violation of which a criminal code is provided. For example, without referring to the Charter of the garrison and guard services of the Armed Forces of the Russian Federation, it is impossible to understand the essence of the violations of the rules of guard service committed by the perpetrators and the consequences that followed. When finding a serviceman guilty of a particular crime against military service, it is necessary to clarify each time which specific rules of military service were violated, indicating the appropriate source. If such a connection with sources cannot be established, then the military nature of the offense committed may be questionable.

6. Intention and negligence, in which guilt is manifested, the characteristics of a crime with two forms of guilt, signs of innocent harm are defined in Art. 24 - 28, which also apply to crimes against military service without any exceptions. Only the content of guilt is specific - it reflects the military nature of the crime being committed. The guilty person in a certain way (depending on the form of guilt) refers not simply to a socially dangerous act and the consequences that have occurred, but to an act that constitutes a violation of the procedure for military service, and to the consequences expressed in causing harm to the combat ability of a military unit and the military security of the state. He is aware of these circumstances (with direct and indirect intent, criminal frivolity) or is not aware, provided that he should have and had the opportunity to be aware of them (with criminal negligence). Establishing the form of guilt in relation to specific crimes against military service has certain difficulties due to the design features of some crimes, the need to comply with the requirements of Part 2 of Art. 24, which limits the penalty for acts committed only through negligence, to only cases specifically provided for by the relevant articles of the Special Part of the Criminal Code of the Russian Federation. The main indicator of the form of guilt is the person’s mental attitude towards the act. In accordance with Part 1 of Art. 24 A person who committed an act intentionally or through negligence is considered guilty of a crime. At the same time, the attitude towards the consequences can be both intentional and careless (if there was intent in relation to the act), as well as extremely careless (if there was negligence in relation to the act). For example, in Part 1 of Art. 332 provides for a criminal offense for failure by a subordinate to comply with an order from a superior, which caused significant harm to the interests of the service, and in Part 3 of the same article - for failure to execute an order due to careless or dishonest attitude towards the service, resulting in grave consequences. Part 3 specifically states negligence in relation to the act, therefore, the attitude towards the consequences is also careless. It follows from this that in Part 1, the attitude towards the act presupposes intent, while guilt in relation to significant harm allows for both intent and negligence.

6.1. If the article does not contain any clauses about guilt in relation to the act, it should be considered intentional. Guilt in relation to the consequences is possible either in the form of intent or in the form of negligence. For example, violent actions against a superior (Article 334) are an intentional crime. However, in paragraph “c” of Part 2 of Art. 334 contains as an alternative sign the infliction of grave consequences, the attitude towards which can be either intentional or careless.

6.2. A number of articles specifically stipulate negligence in relation to the consequences; this is done in order to distinguish the crimes provided for in them from related offenses that differ in the intentional form of guilt. For example, in Art. 349 - 352 refer to violations of safety rules for the use of various military-technical means, resulting in serious harm to health or death of a person. Fault for these consequences is specifically stated to be reckless because intent makes these acts crimes against the person.

7. The punishability of crimes against military service is characterized by the establishment of certain criminal penalties for all these crimes. The current Criminal Code of the Russian Federation does not contain norms that would provide for the application of the Disciplinary Charter of the Armed Forces of the Russian Federation for the commission of certain crimes and, thus, transfer the act to the category of misdemeanors, as was the case in the Criminal Code of the Russian Federation of the RSFSR. The list of types of punishments in the sanctions articles that provide for criminal punishment for military crimes includes: from general punishments - mainly imprisonment, then - arrest and in some articles a fine, from special types used in sanctions most widely - detention in a disciplinary military unit and restriction for military service. The most common methods used are detention in a disciplinary military unit and imprisonment. Additional punishments include deprivation of the right to hold certain positions or engage in certain activities and deprivation of military rank.

8. Military service represents a certain order of military-service relations, which are divided into general and special. General military relations are those whose subjects are all military personnel; special relations are established in special areas of military service activities related to the solution of certain tasks; their subjects are not all, but certain categories of military personnel.

8.1. The division of military relations into general and special ones was taken into account when constructing a system of crimes against military service: some crimes violate general relations, others - special ones. The first include crimes against the order of subordination and military regulations (Articles 332 - 336), crimes against the order of military service (Articles 337 - 339), as well as against the order of saving military property (Articles 345 - 348). These crimes are based on violations of requirements mandatory for all military personnel. The remaining crimes are of a special nature: crimes against the established procedure for performing special types of military service (Articles 340 - 344), as well as against the established procedure for the safe use of certain military-technical equipment (Articles 349 - 352). The general order of military relations is regulated primarily by the Charter of the internal service of the Armed Forces of the Russian Federation; special relations, depending on their type, are regulated by the same Charter, as well as the Charter of the garrison and guard services of the Armed Forces of the Russian Federation, special legal acts, and separate orders.

9. The procedure for military service is established for the implementation of the tasks facing the Armed Forces, which boil down to ensuring their defense capability. In accordance with Federal Law dated May 31, 1996 N 61-FZ “On Defense” (as amended on December 4, 2006) <1> The Armed Forces are created for the defense of the country using means of armed struggle; Border, internal and other troops are also involved in defense (Article 1). Consequently, the consequences of violating the procedure for military service are always harm associated with the weakening of the defense capability of the troops, their combat ability, the failure to fulfill the tasks facing the military unit, and the creation of a threat to various objects that the military unit protects. ——————————— <1> NW RF. 1996. N 23. Art. 2750; 2000. N 1. Art. 6; 2003. N 27 (part 1). Art. 2700, N 46 (part 1). Art. 4437; 2004. N 27. Art. 2711, N 35. Art. 3607; 2005. N 10. Art. 763, N 15. Art. 1276, N 52 (part 1). Art. 5598; 2006. N 28. Art. 2974, N 29. Art. 3123, N 50. Art. 5279.

10. Harm manifests itself in various forms: physical, material, organizational, state-political, moral, moral-psychological. Physical harm is expressed in the use of violence against military personnel, including that resulting in health problems (for example, when committing violent acts against a superior in connection with the performance or during the performance of his military service duties - Article 334). Physical harm is an indicator of a weakening of the unit’s defense capability, since as a result of direct influence and threats, the victim can change his attitude towards the service and reduce his demands on subordinates.

10.1. Material damage consists of the alienation, damage or destruction of military property (Articles 346 - 348), theft of property handed over under guard protection (Article 342), etc.

10.2. Organizational harm consists of the disruption of various military activities, assigned tasks, or the loss of military control. This consequence can be direct, for example, as a result of non-execution of an order (Article 332), when a subordinate does not fulfill the assigned task. But it can also be indirect, manifesting itself through physical or material harm. Thus, as a result of beating the commander, the unit may be left without control and not complete an important combat or other mission, which should be considered as a serious consequence provided for in paragraph “c” of Part 2 of Art. 334. The same is the nature of the grave consequences indicated as a sign of other military crimes.

10.3. State-political harm includes infringement of certain state interests as a result of violation of the rules for performing special types of military service aimed at protecting these interests. Thus, violation of the rules of combat duty harms the security interests of the state (Article 340); violation of the rules of border service (Article 341) also threatens the external security of the state, since it weakens the security of the state border. Violation of the rules of service for the protection of public order and ensuring public safety (Article 343) threatens the internal security of the country, the rights and legitimate interests of citizens.

10.4. Moral harm, as a rule, is associated with the infliction of physical harm in crimes committed with the use of violence (Articles 333 - 335), since any violence against a person humiliates her honor and dignity. But a number of crimes include moral harm as the main feature of the crime. This is a violation of the statutory rules of relations between military personnel in the absence of a relationship of subordination between them, associated with humiliation of honor and dignity (Article 335), as well as insult to a serviceman (Article 336). The danger of these crimes is not limited to the humiliation of the honor and dignity of an individual. As a result of insults, a serviceman may lose the necessary moral and volitional qualities and a sense of military camaraderie; conflict situations and other gross violations of military discipline among military personnel may arise.

10.5. Moral and psychological harm can be a consequence of any crimes committed by military personnel, especially if they become relatively widespread (for example, when committing evasion of military service, theft of military property, etc.). It is most typical, for example, for failure to execute an order (Article 332) and official crimes (Articles 285, 293), which, unfortunately, are excluded from the list of military offenses without sufficient grounds.

11. The subject of a criminal attack against military service must have all the signs of a general subject of a crime: he must be sane and at least 18 years old. At the same time, he also has other additional characteristics specified in the law - being a military serviceman or a citizen called up for military training.

11.1. The defining feature of the subject of an attack against military service is the presence of the person in military service at the time of the commission of the crime. In accordance with Art. 2 of the Law on Military Duty, a citizen undergoing military service is a military serviceman and has a status established by the Federal Law.

11.2. In accordance with Art. 2 of the Law on Military Duty, a person is considered a military serviceman if he performs military service in the Armed Forces of the Russian Federation, as well as in the internal troops of the Ministry of Internal Affairs of Russia, in the civil defense forces, engineering, technical and road construction military formations under federal executive authorities, the Foreign Intelligence Service of Russia, bodies of the federal security service, the federal body of special communications and information, federal bodies of state security, the federal body for ensuring mobilization training of government bodies of the Russian Federation, military units of the federal fire service and special formations created for wartime.

11.3. The categories of military personnel are defined by Art. 5 of the Charter of the Internal Service of the Armed Forces of the Russian Federation. The Charter also applies to other listed military bodies and formations; these categories are considered the same for all military personnel. Military personnel include: officers, warrant officers and midshipmen, cadets of military educational institutions of professional education, as well as sergeants, foremen, soldiers and sailors who entered military service under a contract; sergeants, foremen, soldiers and sailors undergoing military service upon conscription. Each serviceman is assigned a corresponding military rank.

11.4. The beginning and end of military service are determined by the Law on Military Duty. In accordance with Art. 38 of this Law, the beginning of military service for citizens who are not in the reserve and called up for military service is the day of departure from the military commissariat of a constituent entity of the Russian Federation to the place of military service. It seems that we should be talking about the day of actual departure to the place of duty; Until this day, an act committed by a conscript cannot be recognized as a crime against military service. For military personnel serving under a contract, military service begins on the day the contract enters into force, which must be specifically stipulated in the contract. There are some categories of military personnel for whom a special procedure has been established for calculating the period of military service (Clause 10, Article 38 of the Law on Military Duty).

11.5. The end of military service is considered the day a serviceman is removed from the lists of personnel of a military unit. This point is the same for all categories of military personnel. Clause 11 art. 38 of the Law on Military Duty requires that a serviceman be removed from the lists of the unit on the day of expiration of his military service, except in cases expressly provided for in this article. If the period of service has expired and there are no exceptional circumstances, then the serviceman cannot be recognized as the subject of a crime against military service, even if he is not excluded from the lists of the unit. Special circumstances that make it possible to postpone the exclusion of military personnel from the lists of a military unit include: the serviceman being in hospital, participating in ship voyages, his unknown absence, being in captivity or as a hostage, being under investigation, and some others that are determined by law.

11.6. The Law on Military Duty (Clause 12, Article 38) requires that the time spent in a disciplinary military unit and serving a disciplinary sanction in the form of arrest, as well as the time of unauthorized leaving the unit or place of service for more than ten days, should not be counted into the period of military service. The total service life is increased by this time, which must be taken into account when issuing an order to remove a serviceman from the unit’s lists, however, if the order does not take this circumstance into account, the serviceman must be dismissed in accordance with it. A person can be brought to justice for a military crime even after the end of military service, if the act was committed by him during military service.

11.7. For persons undergoing military training, the beginning and end of service are determined by the first and last days of training. The procedure for conducting military training must be determined by the regulations on military training. According to Art. 2 of the Federal Law “On the Status of Military Personnel”, the status of military personnel is extended to Russian citizens undergoing military training in cases and in the manner provided for by the legislation of the Russian Federation. This means that they must be punished for committing a crime against military service with restrictions arising from specific articles of Chapter. 33 of the Criminal Code of the Russian Federation.

11.8. Age is of significant importance in characterizing the subject of crimes against military service. As a general rule, military service can begin no earlier than a person reaches 18 years of age; Conscription for military service is possible only until the age of 27 (Article 22 of the Law on Military Duty). For citizens entering military educational institutions, the age at which they begin military service may be lower, i.e. 16 years (Clause 1, Article 35 of the said Law). However, this does not make them subjects of military crimes.

11.9. Committing a crime under Ch. 33 of the Criminal Code, a person under the established age who finds himself in military service on an illegal basis, for example, as a result of an error or deliberate forgery of documents admitted during conscription, excludes the RA for a crime against military service.

11.10. The insanity of a person is an absolute basis for excluding the corpus delicti. However, Art. 22 of the Law on Military Duty provides for the possibility of military service for persons with a mental disorder that does not exclude sanity. Meanwhile, certain types of such disorder serve as the basis for declaring a citizen unfit or partially fit for military service due to health reasons and exemption from military service (Articles 23, 50, 51 of this Law). If there is a mental disorder, a person cannot be recognized as the subject of a crime against military service, and his liability for a military crime is excluded. He may be responsible for another crime if the elements of such are contained in the act actually committed by him; Issues of liability in this case are resolved in accordance with Art. 22.

11.11. In accordance with Art. 59 of the Constitution, military service is performed by citizens of the Russian Federation. However, according to Art. 2 of the Law on Military Duty, military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies can be carried out by foreign citizens under a contract in military positions to be filled by soldiers, sailors, sergeants and foremen.

11.12. Agreements have been concluded between Russia and individual CIS member states, according to which citizens of these states are given the opportunity to serve in military units of the Russian Federation. In accordance with intergovernmental agreements, these military personnel have the same status as Russian military personnel; they are recognized as subjects of crimes against military service.

11.13. In accordance with Part 3 of Art. 59 of the Constitution, a citizen of the Russian Federation, if his convictions or religion is contrary to military service, as well as in other cases established by federal law, has the right to replace it with alternative civilian service.

11.14. It is necessary to highlight other grounds that exclude the possibility of recognizing a person as a subject of a crime against military service. They are designated in the law either as circumstances the presence of which does not allow a person to be called up for military service, or gives the right to exemption or deferment from military service (Articles 23, 24 of the Law on Military Duty). Thus, citizens who have an unexpunged or outstanding conviction for committing a crime are not called up for military service; certain categories of citizens are exempted from conscription for military service, in particular persons recognized as unfit or partially fit for military service due to health reasons; a deferment from conscription for military service is established for individual citizens, in particular those with two or more children, etc. It seems that in all cases when a person is called up for military service, despite the presence of the specified grounds, or continues to serve after such grounds arise, his stay in military service should be considered illegal and he, as not meeting the requirements for military personnel, should be recognized as a subject of crimes You can't go against military service. If he commits a socially dangerous act that contains the elements of another, ordinary crime, he is subject to criminal punishment for this crime.

11.15. In part 2 comments. The article indicates the circle of persons who bear the control in accordance with the articles of Chapter. 33 of the Criminal Code, not being military personnel of the Armed Forces of the Russian Federation. These are the so-called persons equated to military personnel of the Armed Forces of the Russian Federation. The circle of such persons changed in different historical periods. Currently, it includes military personnel of engineering and technical military formations and road construction military formations (see Regulations on engineering and technical military formations and road construction military formations under the Federal Agency for Special Construction, approved by Decree of the President of the Russian Federation of August 16, 2004 N 1084 (as amended on May 11, 2006) <1>). The personnel of these formations wear uniforms and insignia according to military ranks established for military personnel of the Armed Forces of the Russian Federation; they are subject to the general military regulations of the Armed Forces of the Russian Federation. ——————————— <1> NW RF. 2004. N 34. Art. 3540; 2005. N 36. Art. 3667; 2006. N 20. Art. 2163.

11.16. Certain elements of crimes against military service include not all, but only some categories of military personnel as subjects. For example, the subject of criminal attacks against the order of subordination (Articles 332 - 334) is a military serviceman subordinate to the victim; in crimes against the procedure for performing special types of military service, the perpetrator can only be a military serviceman who, in accordance with the established procedure, is included in the composition of the corresponding type of service, etc. Other military personnel cannot be recognized as co-perpetrators of such crimes. They are recognized as organizers, instigators or accomplices. At the same time, if there are appropriate grounds, these persons may be recognized as perpetrators of other crimes. So, if Sergeant A. helps his friend Private B. in committing violent acts against his superior, Sergeant B., who is neither a superior nor a subordinate for A., A.’s actions should be qualified as complicity in a crime under Art. 334, and, in addition, he must answer as the perpetrator of the crime provided for in Art. 335, - violations of the statutory rules of relations between military personnel in the absence of subordination relations between them.

12. The Criminal Code of the Russian Federation is peacetime legislation and does not contain crimes characteristic of wartime; it also does not contain crimes against military service committed in a combat situation. Part 3 comments. The article stipulates that these crimes should be determined by wartime legislation of the Russian Federation. Currently, there is no such legislation, and if the appropriate situation arises, the perpetrator will be prosecuted under the articles of Chapter. 33 or ch. 34 of the Criminal Code of the Russian Federation.

Section XI. CRIMES AGAINST MILITARY SERVICE

Chapter 33. CRIMES AGAINST MILITARY SERVICE

Article 331. The concept of crimes against military service

(as amended by Federal Law No. 280-FZ of December 25, 2008)

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.

Commentary on Article 331

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.

(as amended by Federal Law dated 03/07/2011 N 26-FZ)

Commentary on Article 332

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.

(as amended by Federal Law dated 03/07/2011 N 26-FZ)

Commentary on Article 333

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.

(as amended by Federal Law dated 03/07/2011 N 26-FZ)

Commentary on Article 334

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.

Commentary on Article 335

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.

Commentary on Article 336

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 organization lasting more than two days, but not more than ten days, committed by a military personnel, those undergoing military service upon conscription, -

(as amended by Federal Law dated November 25, 2013 N 317-FZ)

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.

Commentary on Article 337

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.

(as amended by Federal Law dated 03/07/2011 N 26-FZ)

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.

Commentary on Article 338

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.

Commentary on Article 339

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, -

Commentary on Article 340

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, -

Commentary on Article 341

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, -

shall be punishable by imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

(as amended by Federal Law dated November 24, 2014 N 370-FZ)

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

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.

(as amended by Federal Law dated November 24, 2014 N 370-FZ)

Commentary on Article 342

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 343

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

(as amended by Federal Law dated November 24, 2014 N 370-FZ)

1. Violation of the statutory rules of patrolling in a garrison by a person who is part of a patrol unit, if this act entailed grave consequences, -

2. Violation of the statutory rules for performing internal service by a person included in the daily duty of a unit (except for guard and watch), if this act entailed the loss, destruction or damage of weapons, ammunition, explosives or explosive devices or items of military equipment under the protection of the unit, and equally other grave consequences -

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.

Commentary on Article 344

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 -

Commentary on Article 345

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

2. The same acts that entailed grave consequences -

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

Commentary on Article 346

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 347

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, -

(as amended by Federal Law No. 92-FZ of June 25, 1998)

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 348

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, -

(as amended by Federal Law dated July 21, 2004 N 73-FZ)

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.

Commentary on Article 349

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, -

(as amended by Federal Law dated July 21, 2004 N 73-FZ)

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 350

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 351

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.

(as amended by Federal Law dated December 8, 2003 N 162-FZ)

Commentary on Article 352

Another comment on Art. 331 of the Criminal Code of the Russian Federation

1. Along with the signs inherent in all crimes, assault in Ch. 33 of the Criminal Code of the Russian Federation differ in their subject composition: they are committed only by military personnel undergoing military service by conscription or under contract, as well as by citizens in the reserve during military training (hereinafter referred to as military personnel, unless otherwise indicated).

The procedure for conscripting citizens into military service and completing it is regulated by Federal Law No. 53-FZ of March 28, 1998 “On Military Duty and Military Service” and the Regulations on the Procedure for Military Service, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237 .

The procedure for enrolling citizens in the reserve, the composition of the reserve, as well as issues of military training are established in the Federal Law “On Military Duty and Military Service” and the Regulations on Military Training, approved by Decree of the Government of the Russian Federation of May 29, 2006 N 333.

2. Chapter 33 of the Criminal Code of the Russian Federation covers crimes committed by military personnel in peacetime. 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.