Delimitation of unauthorized abandonment of a unit or place of service from related element of crimes

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The scientific article is devoted to the problem a delimitation of unauthorized abandonment of a unit (art. 337 of the Criminal Code of the Russian Federation) or place service from related offences. Conduct an analysis of the qualifying sings of crimes, the intent of the perpetrator, purpose of evading military service. It is proposed to make changes to the disposition part 4 article 337 of the Criminal Code of the Russian Federation, establish a maximum period of stay outside a military unit or place of service for up to 90 days. Materials and methods: the normative basis of the research is formed by provisions of the Constitution of the Russian Federation, criminal law, judicial practice materials regulating liability for unauthorized abandonment of a unit or place service, explanations of the Plenum of the Supreme Court of the Russian Federation. The methodological basis of the study is universal methods of cognition of legal and social reality: logical methods of analysis, synthesis, deduction, induction, comparison. The special methods used include the method of legal hermeneutics, comparative legal methods, different methods of interpreting the law. The results of the study: reveal a delimitation of unauthorized abandonment of a unit or place of service from related offences. Findings and Conclusions: The purpose of unauthorized abandonment of a unit or place of service a difference from related offences is a temporary evasion from performance of duties for military service. The crime provided for by article 337 of the Criminal Code of the Russian Federation has an additional object- abandonment of a unit or place of service by a serviceman serving a sentence in a disciplinary military unit. Also, in the disposition of article 337 of the Criminal Code of the Russian Federation, an indication is given to abandonment the unit or place of service, as well as failure to appear without good reason. In addition, it is proposed to make changes to the disposition part 4 article 337 of the Criminal Code of the Russian Federation, establish a maximum period of stay outside a military unit or place of service for up to 90 days.

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Unauthorized abandonment of a unit or place of service, serviceman, criminal liability, desertion, evasion of service, a set of difficult circumstances, good reason, emergency, disease simulation, qualifying sings, special subject

Короткий адрес: https://sciup.org/143179523

IDR: 143179523   |   DOI: 10.55001/2312-3184.2022.78.58.005

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