Special Military Criminal Penalties: Status and Prospects

Abstract

Presents an analysis of the problems of legislative regulation and practice of applying special military types of criminal punishment under the current military criminal legislation of the Russian Federation. Close attention is paid to such types of military criminal penalties as deprivation of military ranks, restriction on military service, detention in a disciplinary military unit and arrest with detention in the guardhouse. The definition of “special military criminal penalties”is formulated. The classification of these punishments into types on various grounds is given. The author analyzes the shortcomings of the provisions of the criminal law regarding military criminal penalties, as well as the judicial practice of assigning these types of criminal punishment to convicted military personnel. In addition, proposals for amendments and additions to the existing military criminal legislation and in court practice to preserve data types of criminal punishment, an increase in the practice of their application and increasing their effectiveness. It is pointed out that it is necessary to identify the reasons for the non-use of certain types of military criminal penalties and eliminate them. Proposals aimed at excluding special military types of criminal punishment from the Criminal code of the Russian Federation have been criticized, since this trend excludes the declared variety of types of criminal punishment, does not allow taking into account the special status of subjects of criminal responsibility, which excludes the individualization and differentiation of criminal responsibility and criminal punishment of military personnel. The author’s position is supported by an analysis of the opinions of scientists, practical material, and legislative activities.