Problems and Prospects of Improving the Institution of Exemption from Criminal Liability and Punishment of Persons Who Have Signed a Contract for Military Service

The events that are currently taking place on a geopolitical scale have shown that national legislation in general, and the penal enforcement system in particular, were not ready in the classical sense of the term, but reflected the possibility of introducing so-called flexible norms. The Special Military Operation (hereinafter referred to as the SMO) has not only become a pointer to a new path, but has also brought to the surface existing gaps, including legal ones, which has led to the necessary transformation and necessary adjustments to the legislation of the Russian Federation. The relevance of the study is due to the increased interest in the discourse on the role and status of persons who have crossed the boundaries of the law, but who wish to take part in the defense of the Fatherland. As we understand it, the legislator’s decision on the possibility of exemption from criminal liability and punishment of persons who have signed a contract for military service during their military service can be viewed from a fundamental position — the preservation of national security The study identified the grounds and conditions for the application of Articles 78.1 and 80.2 of the Criminal Code; investigated the specifics of the legal status of persons who signed a contract for military service during their military service; clarified the understanding of military service as a mechanism for the social rehabilitation of persons who have committed crimes; analyzed the problems of law enforcement practice related to the implementation of Articles 78.1 and 80.2 of the Criminal Code; characterized prospects for the development of the institute under study and proposals have been developed to improve legislation and law enforcement practice.