Правовое государство: теория и практика (Mar 2024)
ISSUES OF THE LEGAL SPECIFICITY AND APPLICATION OF FEDERAL LAW NO. 270-FZ OF JUNE 24, 2023 ON SPECIFICS OF CRIMINAL LIABILITY OF PERSONS INVOLVED IN A SPECIAL MILITARY OPERATION
Abstract
The purpose of the paper is to identify the legal specificity of Federal Law No. 270-FZ of June 24, 2023 on Specifics of Criminal Liability of Persons Involved in a Special Military Operation and to find answers to related law enforcement issues. The study is conducted using a set of methods: general scientific (induction, deduction, analysis, synthesis, system-structural) and specific scientific (formal-legal, sociological). According to the set purposes, the research is formed of two subject areas. The first one includes issues of legal specificity of Federal Law of June 24, 2023 No. 270-FZ, on the basis of which the authors conclude that its status as acting autonomously from the Criminal Code and the Code of Criminal Procedure of the Russian Federation and as a comprehensive intersectoral law built according to special temporal and spatial rules, containing norms and regulations of criminal, criminal procedure and military law, the implementation of which should be mediated by administrative law. The second subject area is the application of the rules of exemption from criminal liability, exemption from punishment and expungement of criminal record of persons involved in a special military operation provided for by Federal Law No. 270-FZ of June 24, 2023, which arise due to their establishment outside the Criminal Code of the Russian Federation and in the absence of full-fledged procedural rules. The authors’ approaches to the solution of the discussed issues are proposed.
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