A person who knows the circumstances of a gross disciplinary offense committed by a serviceman: procedural status, when considering materials by a military court

The article reveals the procedural status of a person who knows the circumstances that are important for the correct solution of the issue of bringing a serviceman who has committed a gross disciplinary offense to disciplinary responsibility. The analysis of the rights and obligations of this person shows that his procedural position is similar to the procedural position of a witness, enshrined in criminal procedure, civil procedure and administrative legislation. Attention is focused on the unresolved issue of the responsibility of a person who knows the circumstances of committing a gross disciplinary offense, when giving them explanations at a court hearing. A proposal is being made to supplement the Federal Law “On Judicial Proceedings Based on Materials, on Gross Disciplinary Offenses when Applying Disciplinary Arrest to Military Personnel and on the Execution of Disciplinary Arrest” (hereinafter referred to as Law No. 199-FZ) with a norm fixing the duty of the court to warn a person about administrative responsibility provided for by art. 17.9 The Administrative Code of the Russian Federation for giving deliberately false testimony when giving explanations by the named person during the court session.