CIRCUMSTANCES THAT EXCLUDE CRIMINAL LIABILITY AND/OR RELEASE FROM CRIMINAL LIABILITY FOR UNAUTHORIZED LEAVING PART OR PLACE OF SERVICE

Abstract

This article aims to investigate legal circumstances in which a serviceman may be exempted from criminal liability for HRS and circumstances that exclude criminal liability for this type of military criminal offenses. To achieve the declared purpose and obtain the proper results, the following set of methods was used: analysis of normative legal acts, systemic method, formal-logical method, method of interpreting the rules of law, functional method. Results and conclusions of such activity. It is determined that the SCR is on the order of military service and has a negative impact on the combat capability of the Armed Forces and other military formations, as well as the defense capability of the state as a whole. There are two groups of circumstances that affect the legal fate of the serviceman who committed the HSC – circumstances that exclude criminal unlawfulness of the act and circumstances that are released from criminal liability. It is established that in the presence of circumstances that exclude criminal unlawfulness of the act, the act, although formally contains signs of crime, is not recognized as criminal because it loses its public danger and/or illegality. These circumstances were divided into those that exclude the criminal degree of public danger of act, those that exclude criminal illegality of the act, and those that exclude at the same time public danger and illegality.The disadvantages of legal regulation of the application of norms that exclude criminal liability for HRS include the indirect application of general rules of criminal legislation to specific military offenses and the complexity of determining the loss of public danger or its “legalization” in the conditions of martial law. It is determined that the mechanism of dismissal for the HCP is based on the provisions of the legislation, which provide for the possibility of dismissal of a serviceman who for the first time committed such an act, provided that he voluntarily appeared with confession and notification of all the circumstances of the commission, as well as the lack of intent for complete evasion of military service. It is stated that in the practice of criminal liability during the martial law, such circumstances may be taken into account as the deficiencies of legal regulation of exemption from criminal liability have the blurred criteria for determining intent for complete evasion of military service, which can lead to subjectivism in law enforcement. The directions of improvement of legal regulation, including the creation of detailed explanations for law enforcement agencies, ensuring the unity of jurisprudence, conducting trainings for military lawyers, legislative consolidation of clear criteria for assessing intent and development of rehabilitation programs for military personnel are proposed.