SPECIAL BLANKET WRONGFULNESS AS AN ATTRIBUTE OF CRIMES VIOLATING SPECIAL RULES (ON THE EXAMPLE OF ARTICLES 340-344 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

The paper analyzes the problems of legal regulation and practice of classification of crimes violating special rules and requirements of conduct. The author notes that concerning such elements of crimes, it is a case of mandatory behavior (active or passive), which is expected from special liable parties of such legal relations. These people act as special subjects of the considered structures and special liable parties. In general, crimes violating special rules and requirements of conduct are characterized by such features as a special formality and special wrongfulness. The author carried out the analysis using the example of crimes against the procedure of special (security) types of military service, the responsibility for committing of which is provided by Articles 340-344 of the RF Criminal Code and special liable parties of which are military personnel. The author notes that the rules for security types of military service are predominantly not consolidated and are contained in a variety of separate legal acts of other industry affiliation. The paper states that the diversity, fragmentation, specificity, and limited availability of relevant acts and rules and requirements stipulated by them cause difficulties when determining the objective features of the considered elements of crimes in terms of determining certain special rules that have been violated. The author concluded that special blanket wrongfulness of crimes violating special rules and requirements of conduct is manifested in the fact that the legislator, in the relevant articles of Special part of the RF Criminal Code, only indicates the violation but does not specify how exactly it is expressed since it is impossible to do this objectively. In this regard, when classifying such crimes, it is necessary to assess the requirements of legal acts of other industry affiliation to disclose the essence of a criminal law norm.