Specifics of the application of norms on exemption from criminal liability and punishment of military personnel during the period of mobilization and martial law

The article is devoted to the specifics of the application of the provisions of criminal and criminal procedure legislation regulating exemption from criminal liability and criminal punishment in connection with conscription. The most important at present is the constitutional and legal obligation of citizens of the Russian Federation to perform military service. Its implementation contributes to ensuring the state's defense capability. As history shows, the period of military crises serves as a catalyst for legislative amendments. In 2022 The reason for the change in legislation was a special military operation on the territory of Ukraine. As the history of the Russian state shows, the need to strengthen the state's defense capability led to a revision of certain provisions of criminal and criminal procedure legislation. For example, in 1941, a number of regulations were adopted, according to which convicts were subject to release from serving their sentences, including in the form of imprisonment, in case of military service and participation in hostilities. The provisions of the relevant decrees gradually became more widespread. Their effect extended to an increasing number of regions, and among those released from punishment there were categories of those sentenced to imprisonment. At the same time, the list of categories of convicts subject to amnesty was expanded. This suggests that in difficult historical situations, the State is required to make difficult decisions. The release of convicts from punishment was aimed at ensuring the protection of the interests of the State.