ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.