Russian Journal of Economics and Law (Sep 2017)
THEORETICAL CONCEPTION OF CLASSIFICATION OF CRIMES AGAINST MILITARYSERVICE ACCORDING TO THE EXISTING CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION
Abstract
Objective: to implement a comprehensive theoretical analysis of the existing approaches to the definition of concept of crimes against military service, their nature, characteristics, classifications and types. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors that determined the choice of the following research methods: systematic, formal-legal, analysis, synthesis, comparison.Results: on the basis of analysis of the norms of the Russian Criminal Code related to crimes against military service and the provisions of criminal and military criminal law doctrine, the author has developed and proposed a new classification of crimes against military service, depending on the object of crime.Scientific novelty: the article substantiates the fact that the classification of crimes against military service is conducted exclusively within the doctrine of criminal and military criminal law on the basis of various criteria: the direct object of crime, the victim, the objective aspect of crime, the subject of crime, the subjective aspect of crime, etc. At the same time, the author’s classification of crimes against military service is proposed, depending on the object of crimes under study: 1) crimes against the established order of statutory relations between servicepersons (Articles 332-336 of the Russian Criminal Code); 2) crimes against the established order of the general organization of military service (Articles 337-339 of the criminal code); 3) crimes against the established order of carrying out special services stipulated by military regulations (Articles340-344 of the Russian Criminal Code); 4) crimes against the established procedure for the treatment of military property (Articles 345-348 of the Russian Criminal Code); 5) crimes against the established procedure for the treatment of combat or potentially dangerous military equipment (Articles 349-352 of the Russian Criminal Code).Practical significance: the main provisions and conclusions of the article can be used in scientific, educational, legislative and law-enforcement activities.
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