Convicts release from serving sentences in view of their participation in a special military operation: legal possibilities and legislative perspectives

Due to the ongoing special military operation, a fairly wide range of issues is being discussed regarding the optimization of the organizational and legal foundations for involvement various categories of citizens in it - from those liable for military service to persons who have broken the law and are subjected to criminal prosecution. In this regard, legal possibilities and legislative prospects to involve persons serving criminal sentences in hostilities as military men are of scientific interest. In the context of the historical experience of involving convicts serving deprivation of liberty in combat operations to defend the Fatherland, the corresponding role of the criminal law institutions of pardon, criminal record and parole is considered. It is summarized that in the event that the prospects for the participation of convicts in a special military operation are realized, such a decision should have legislative formalization at the level of criminal and penitentiary legislation. Within the framework of the stated problem, such a type of release from punishment as release from punishment due to a change in the situation is analyzed. The probable need to adopt explanatory recommendations of the Plenum of the Supreme Court of the Russian Federation regarding the issues of release from serving a sentence for the category of persons under consideration is stated. Based on the postulated issues the study sets forth a proposal to the legislator for the future (de lege ferenda) to consider a variant of additions to the criminal law norm regulating the grounds for applying the conditional early release of convicts. It is concluded that if it is recognized as acceptable to release convicts from serving their sentences in connection with their participation in a special military operation, it will be necessary to introduce appropriate complex changes to the content of a number of federal laws and by-laws.