Responsibility for crimes against military service

All citizens of the Russian Federation are endowed by the Constitution with certain rights and freedoms. Persons belonging to the military cohort are no exception. Due to their professionally specific characteristics, they are charged with even more responsibility than an ordinary citizen.

Additional obligations that relate to service under federal law and departmental disciplinary statutes are regulated by the laws of the Russian Federation, including the Criminal Code. The criminal liability of military personnel is spelled out in the text of the Criminal Code, and the procedure for applying penalties is contained in the Criminal Executive Code of the Russian Federation.

Legislative standards for the liability of military personnel

The Constitution of the Russian Federation, namely Article 59, stipulates that the defense of the Motherland is the duty and responsibility of every citizen of our country. This norm is the legal basis for establishing criminal liability for crimes against military service. It is this requirement that prohibits evading such service and violating the order of its completion.

It is legislatively established that all army personnel, regardless of position or military rank, can receive punishment symmetrical to general criminal offenses or offenses affecting aspects of military service.

The principles for determining responsibility and the procedure for censure are reflected in several state legal acts.

These include:

• Mainly used are articles of the Criminal Code.
• Also regulated is Presidential Decree No. 1495. This document concerns the statutes of the RF Armed Forces.
• The algorithm for implementing punishments for persons in the military profession is also prescribed in Order No. 680 of 2016 of the Minister of Defense of the Russian Federation.

According to the legislation, the following types of consequences provided for persons serving in the army are distinguished:

• civil;
• disciplinary;
• material;
• administrative;
• criminal.

The degree of illegal acts that the soldier committed, as well as their qualification component, has a direct impact on what kind of punishment the soldier will suffer.

The responsibility of military personnel for committed acts is enshrined in Russian legislation

There are two penalties that apply to army soldiers:

• Imprisonment with isolation from society.
• Corrective measures applied without distance from society.

Limited liability

Material on the topic What is the limited financial liability of an employee? In all other cases, when damage was caused by negligence or unaccountable property, the military man will bear partial financial liability. Moreover, the amount of compensation will vary depending on whether he is a conscript or serving under a contract.

Thus, in accordance with paragraph 1 of Article 4 of Law No. 161-FZ, the limited financial liability of military personnel under a contract cannot exceed one monthly salary and a bonus for length of service. For those who serve by conscription, the maximum amount of compensation should not exceed two monthly salaries. An exception to this rule is the case provided for in Part 2 of Article 4 of the Law. Thus, contract military personnel are responsible for idle time of containers, vehicles or other vessels, as a result of which fines were imposed on the military unit. They may be charged two salaries and two monthly bonuses for length of service.

Limited financial liability is established for:

• damage caused by negligence during the performance of military service duties. Carelessness can be in the form of frivolity, when a person foresees the onset of negative consequences, but arrogantly expects to prevent them due to his capabilities, skills, professional abilities and character traits (which are unreasonable). Another form of negligence is negligence, which is expressed in the fact that the serviceman does not foresee the occurrence of negative consequences, although he should have due to his duties;
• unlawful actions of a commander who illegally dismissed a person from military service or carried out a transfer or unjustified appointment to a position. For this, up to three monthly salaries and allowances can be deducted from his salary;
• guilty actions of a commander who did not take the necessary measures to protect property or did not prevent theft. In this case, the maximum deduction from the salary is no more than one salary and a bonus for length of service.

Let's consider a common case of illegal bringing to materiel liability - often the military is required to compensate for damage or loss of material property (for example, a military uniform). This issue is discussed in detail in Decree of the Government of the Russian Federation No. 390 dated June 22, 2006, which states that if the loss or damage to the received clothing was not due to the fault of a serviceman, then he must be issued a new uniform. If the loss or damage occurred through his fault, then he is not given a new uniform, but simply one suitable for wear. In this case, the demand for any monetary compensation should be regarded as extortion, which is a criminal offense in accordance with Article 163 of the Criminal Code of the Russian Federation.

Algorithm for applying punishment

The determination of the degree of punishment is based on the fact that the regulations on military service apply to all levels of the Armed Forces and are equivalent for all army personnel, regardless of the position they occupy.

Illegal actions committed in combat conditions and in wartime are considered in a special manner. The trial has its own principles of conduct.

At the same time, the degree of responsibility of the violator is also aggravated. Illegal offenses that army personnel are suspected of committing are dealt with exclusively by military courts. Such courts have instances of various categories. Civil litigation is not allowed to consider crimes committed by the military.

The following are not liable for crimes against military service (Article 331):

• persons of civilian status working in military units;
• military school students;
• police officers.

If the listed persons are involved in breaking the law, they are convicted by a civil court as accomplices.

In addition to crimes of a military nature, army personnel may incur criminal liability for violating serious articles of the Criminal Code, namely:

Order on punishment of military personnel

• In terms of offenses in relation to an individual, the life of a group of people, according to Chapter 7. Particular attention is paid to crimes related to bullying of other military personnel, especially those entailing serious consequences for the health and life of the victims. This is the most common reason for initiating litigation. As a rule, relatives of conscript soldiers apply to the military prosecutor's office to initiate proceedings. For such illegal acts, imprisonment from 3 to 10 years is provided.
• In case of violation of public safety and order (Chapter 9).
• Committing actions against government authority (chap. 10).
• Encroachments on the security of humanity and the world (chap. 11).
• When committing economic crimes (chapter 8).
• For illegal trafficking in weapons, ammunition, and narcotic substances.
• When participating in terrorist activities and crimes that resulted in the death of people or caused significant damage to their health and property.

It is important to know! Monetary fines are not applicable to conscript soldiers. Administrative punishments are replaced by detention in a guardhouse for a time established by the garrison court.

The criminal punishment applied to a military personnel may be conditional. If relapses are no longer recorded during the service, the sentence is canceled and cannot be executed.

Conditions of attack

The Federal Law “On the Financial Responsibility of Military Personnel” establishes that the military only compensates for actual damage caused as a result of their culpable unlawful behavior.

Material on the topic Material liability of the employee and the employer In this case, real damage is understood as:

• destruction or damage to military property (all types of weapons, ammunition, military equipment, clothing, buildings, structures, securities and money, other property that is federally owned and assigned to a military unit);
• expenses for repair and restoration work or acquisition of new property;
• unnecessary expenses incurred by the military unit. Such expenses, for example, should include expenses for repairing damaged property, as well as transportation costs in excess of those provided for by the material support system for troops. Also included in this category are fines and penalties that had to be paid to third parties.

In this case, the serviceman is exempt from paying compensation if the damage was caused:

• by order of management;
• as a result of force majeure circumstances (natural disasters, military operations, fire, mountain collapse, etc.);
• as a result of a justified official risk.

Financial responsibility is aimed at developing in a serviceman a careful attitude towards property belonging to the military unit. This thesis is continued in the Federal Law “On the Status of Military Personnel” and the charter. Among other things, these documents establish the obligation to take care of military property, wear clothes and shoes with care, have weapons in good working order, cleaned and ready for battle, etc.

Articles 4 and 5 of Law No. 161-FZ distinguish two types of financial liability: limited and full. Let's look at each of them.

Circumstances excluding criminal acts

The individuality of the legal status of the military and their status give the right to introduce certain regulations that allow, during the period of their work, not to see a criminal component in the actions of military personnel.

This is the subject of Chapter 8 of the Criminal Code, which sets out the following types of exceptions:

• the crime was committed in necessary defense;
• harm to another person occurred during the arrest of the criminal;
• the military action was committed in a state of extreme necessity;
• the army man’s crime was provoked by physical or mental pressure on him;
• illegal actions were committed in execution of an order from management.

The above circumstances apply on a general basis. When assessing a serviceman’s misconduct, it is necessary to take into account the specifics of his service. After all, it is associated with the implementation of assigned tasks in various conditions without question. Without excluding risks to life.

In some cases, the use of necessary self-defense is not so much a right as an obligation and necessity. According to the Charter, when performing combat, guard and other services, army personnel should not shy away from performing their immediate duties, even if their lives are in danger.

Criminal penalties

All punishments imposed on military personnel are applied on the basis of the legal norms of the Russian Federation. Their application is based on the principles of justice and equality of all citizens before the law. Only if guilt is proven, as well as taking into account the norms of humane treatment of the individual, can a certain punishment be imposed on a military serviceman.

All illegal actions committed are punished as follows:

*In peacetime, the death penalty is not applied. This is due to the signing by the Russian Federation in 1997 of Protocol No. 6 to the Convention of the Council of Europe.

The type of punishment when convicting an army soldier is determined based on the following components of the offense:

• The severity of the act.
• The number of persons who committed the crime (individually or as part of a group of accomplices).
• Real and potential danger to society.
• The identified consequences that led to the crime.

When determining the degree of guilt, the listed components may be the main points for the accusation or be in addition to the main claim.

Important! Persons who attempted to commit a crime, planned an offense or made preparations for it are also brought to criminal liability.