Subsystem of special military types of criminal punishment

Автор: Zakomoldin R. V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право

Статья в выпуске: 2 (29), 2021 года.

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The article is devoted to the analysis of special military types of criminal punishment, which are a subsystem in the system of criminal punishment under the Criminal Code of the Russian Federation. The definition of special military types of criminal punishment is formulated, the criteria and the content of their classification are analyzed. It is concluded that special military criminal punishments make it possible to realize the idea of justice, as well as differentiation and individualization of criminal responsibility and criminal punishment of servicemen, since they take into account the specifics of their status and the characteristics of their service activities. Proposals to exclude special military types of criminal punishment from the Criminal Code of the Russian Federation are criticized. Proposals are being formulated to improve the criminal law in terms of criminal-legal impact on military personnel. In particular, it is proposed to single out in the General Part of the Criminal Code a separate section “Criminal liability of servicemen” and the chapter “Features of criminal liability and punishment of servicemen”, which will make it possible to relatively separate, systematize and streamline the relevant special norms and provisions of the current military criminal legislation.

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Criminal law impact on military personnel, effectiveness of criminal law impact on military personnel, criminal responsibility of military personnel, differentiation of criminal responsibility of military personnel, special military criminal penalties, military criminal penalties subsystem, military criminal legislation

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Короткий адрес: https://sciup.org/14119532

IDR: 14119532

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