A Soldier as a Subject of a Crime Related to the Desertion of a Military Unit or Place of Service

Abstract

The scientific article is devoted to the problem of determining the subject of a crime, provided for in article 337 of the Criminal Code of the Russian Federation, that is, a desertion of a military unit. The issues of determining the subject of desertion of a unit or a place of service are considered. The circle of persons who may be the subjects of the crime in question has been determined: a soldier doing military service by conscription, a soldier doing military service under a contract, servicemen serving a sentence in a disciplinary military unit, cadets of military educational institutions, citizens who are in reserve during their passage military assemblies. There is a difference in the status of these subjects. The concept of military service, defined in Russian legislation, is analyzed. The moments of the beginning and of the end of the military service are highlighted. The concept of fitness for military service is revealed and its criteria are highlighted. Various points of view on the time of acquiring the status of a serviceman are considered which are important for determining the subject of the crime. Particular attention is paid to the analysis of the age of the subject of this crime, as well as the personified responsibility. Analyzing this norm, the authors identified the problem of interpreting various features of the subject. In addition, the article considers the problems of responsibility for the desertion of the place of service by servicemen serving a sentence in a disciplinary military unit, the features of the status of which are highlighted by the authors. Based on the results of the study, conclusions and proposals for improving the legislation were made. Among other things, it was proposed to exclude from this norm the qualifying feature of leaving a disciplinary military unit, and a justification of such a proposal was given.