Problems of the defender’s participation in proving criminal cases of crimes against military service

The article is devoted to the problems of defense proof conducted in the Military Investigation Department of the Investigative Committee of the Russian Federation, the garrison military court, hearing criminal proceedings of military personnel of the military unit of constant combat readiness, solving the tasks of a Special military operation of the Armed Forces of the Russian Federation. The article provides a general description of military service, which is a special type of public service associated with the restriction of the rights and freedoms of a citizen undergoing military service. The author provides a theoretical description of the legal relations arising during military service, differentiated according to the spheres of general military relations, special relations, and savings of military property. The paper emphasizes the stressful environment of military service, which is a criminogenic factor of committing crimes by military personnel against the order of subordination and statutory relationships, special relationships. The article presents the methods of proof used by the defense in criminal cases of military personnel, and presents the real problems that arose during the collection of evidence. The author refers to military legislation regulating the official relations of military personnel, provides the terms of legality of the order given to the serviceman of the order. The paper reveals the problems of collecting evidence by the defense in criminal cases of crimes against military service in terms of violation of the order of subordination and special relations.