Scientific journal
European Journal of Natural History
ISSN 2073-4972

CRIMINAL LIABILITY OF SERVICEMEN

Nikolaev M.P. 1 Pendyukhova G.K. 1
1 Branch of “Moscow Psychologic-Social University”
1. Criminal code of RF dd. 13th of June 1996, № 63-FZ.
2. Federal law dd. 28th of March 1998 № 53-FZ “On military duty and military service”.
3. Federal law dd 27.05.1998 № 76-FZ (edition of 03.03.2014). “On status of servicemen”.
4. ORDER of the President of RF dd. 16.09.99 № 1237 (edition of 11.02.2013) “Questions on Passing Military Service” (along with “Case of order of passing military service”).

Crimes against military service are usually aimed against the fixed order of passing it. They can be committed by servicemen who serve on obligatory or contract basis in Armed Forces of Russian Federation and also by citizens who are in reserve and serve their assembly. Making servicemen answer to their criminal liability is carried out according to the Criminal code of Russian Federation (CC RF). A necessary sign of a crime against military service is its direction, aimed against the order of passing it, fixed by Federal laws “On protection”, On military duty and service”, “On status of servicemen”, and also other federal laws, general military codes and normative regulation acts of Russian Federation. Crimes against military service, specified by CC RF refer to different sides of the fixed order of passing it.

Service men bear criminal liability for committing general crimes and crimes, aimed against military service. A foundation of criminal liability of servicemen as well as other citizens is committing a crime, specified by CC RF. A formal diversification of crime categories is punishment period, as well as form of guilt for grave crimes. Specifics of a crime, aimed against military service are defined by peculiarities of the encroachment object and its subject. The main object of a crime against military service is the order of passing it. Strict observance of this order forms the essence of military discipline and is aimed to establish military safety of a state. A person who committed a crime at the territory of Russian Federation is exposed to criminal liability in accordance with CC RF. Crimes, committed within the limits of territorial waters or aerial space of Russian Federation, are acknowledged as ones, committed on its territory. Servicemen of Russian military bases who are located outside of the country bear criminal liability according to CC RF for crimes, committed at the territory of a foreign country in case different is not implied by an international agreement of RF. Criminal liability takes place not only for the committed crime, but also for attempt at it, and, sometimes, ever preparation for it. A serviceman does not bear criminal liability if they refuse to finish a crime on voluntary and complete basis. For committing general crimes servicemen bear criminal liability in accordance to a Special part of CC RF that includes norms that define signs of specific types of crimes and set punishment for people who are guilty for committing these crimes.


The work is submitted to the International Scientific Conference “Fundamental and applied research. Education, economy and law”, ITALY (Rome, Florence) September 6–13, 2014, came to the editorial office оn 11.09.2014.