questions:

1. General characteristics of the legal liability of military personnel.

2. Types of legal liability of military personnel under Russian law.

In the process of educating military personnel of the Armed Forces of the Russian Federation, the method of persuasion is mainly used, but in relation to persons who violate laws and the rule of law, the method of state coercion is used, one of the most important measures of which is the legal responsibility of military personnel.

1

The legal responsibility of military personnel is an important and necessary means of maintaining military law and order, one of the guarantees of its stability and effectiveness.

In Russian law, legal liability is understood as a form of state coercion to comply with the requirements of laws and other by-laws, which contains condemnation of the actions of the offender by the state and society and entails legal consequences that are unfavorable for the perpetrator, as established by the norms of law.

The legal responsibility of citizens is characterized by a number of features; it is established by the state; it occurs only for committing an offense; it is applied by state bodies and officials within the limits of their established powers; it consists in applying certain measures of state coercion (legal sanctions) to the offender.

All military personnel, regardless of their military rank and position, are equal before the law and bear the legal responsibility established for citizens of the Russian Federation, taking into account their legal status.

The specifics of military service, military legal relations and the status of military personnel determine the specifics of their legal responsibility:

the State has defined a wider range of offenses, for which only military personnel are responsible.;

increased responsibility has been established for the commission of certain offenses by military personnel;

in accordance with the principle of unity of command, commanders (superiors) are given special powers to bring military personnel to legal responsibility;

the presence of certain conditions for the use of power by commanders (superiors) and the implementation of legal liability measures applied to military personnel;

special liability measures applicable only to military personnel;

possibility of disciplinary liability for certain types of administrative offenses;

exemption of military personnel from legal liability, if the act is provided for by the performance of military service duties.

The basis for bringing military personnel to legal responsibility is the commission of offenses by them.

Offenses are recognized as guilty, illegal, socially dangerous acts (actions or omissions), punishable in accordance with the law, which, depending on their public danger, are divided into crimes and misdemeanors.

Crimes are recognized as culpably committed socially dangerous acts prohibited by criminal law under the threat of punishment, which represent such a form of behavior of legal entities that encroaches on public relations protected by the State.

Misdemeanors are all other less socially dangerous offenses that are not recognized as crimes. There are the following types of misdemeanors: disciplinary, administrative and civil.

Disciplinary offences are harmful to official relations and mainly violate the rule of law established in the Armed Forces.

Administrative offenses are harmful to public relations in the field of public administration, protection of public order, nature, etc.

Civil law offenses are committed in the sphere of property and non-property relations regulated by the norms of civil law and some other branches of law.

Only if there are legal signs of an offense, it can be argued that there are sufficient grounds for bringing a serviceman to legal responsibility.

2

Depending on the nature and severity of the offense committed, military personnel are subject to disciplinary, administrative, material, civil and criminal liability.

Military personnel are subject to disciplinary liability for misdemeanors related to violations of military discipline and public order. It is implemented by the authority of the commander (chief) in the order of official subordination according to the rules of the Disciplinary Charter of the Armed Forces of the Russian Federation.

The means of forcing the violator to observe military discipline and public order when bringing to disciplinary responsibility is a disciplinary penalty, which encourages him to consciously perform military duty and has a preventive effect on other military personnel.

The decision of the commander (chief) to bring military personnel to disciplinary responsibility is preceded by a trial, which is conducted in order to identify the perpetrators, identify the causes and conditions that contributed to the commission of the offense.

If, in the course of the proceedings, it turns out that the misdemeanor of a serviceman contains signs of a crime, the commander of the military unit notifies the military prosecutor, if necessary, initiates a criminal case and appoints an inquiry.

Administrative responsibility of military personnel in accordance with the legislation on administrative offenses is established for the commission of administrative offenses by them, if these offenses by their nature do not entail criminal liability.

The current legislation provides for the following types of administrative penalties: warning; fine; retaliatory seizure or confiscation of an object that was the instrument of committing or the direct object of an administrative offense; deprivation of a special right (the right to drive a vehicle, the right to hunt); correctional labor; administrative arrest.

Although military personnel are responsible for administrative offenses (violation of traffic rules, hunting, fishing and fish stock protection rules, customs regulations) on a general basis, correctional labor, administrative arrest, fines, and deprivation of the right to drive vehicles cannot be applied to them. In these cases, the bodies (officials) that have been granted the right to impose administrative penalties send materials on military personnel's offenses to the relevant unit commanders in order to resolve the issue of bringing the perpetrators to disciplinary responsibility in accordance with the Disciplinary Charter of the Armed Forces of the Russian Federation.

Military personnel bear material responsibility for material damage caused to the State in the performance of military service duties. Material liability is understood as the duty of a serviceman established by law to compensate for material damage caused to the State in monetary form, in the amounts provided for.

The basis for attracting a serviceman. to material liability is the commission of an offense related to the infliction of material damage. There are conditions for bringing military personnel to financial responsibility:

causing real material damage to the state; causal connection between the act and the resulting damage; illegality and guilt (intent or negligence) of actions (inaction) of a particular person; causing damage in the performance of official duties.

Material liability does not exclude the possibility of bringing the perpetrators to other types of responsibility.

Depending on the belonging of military personnel to a particular category, their official position, the form of guilt, and the nature of lost material values, various amounts of material liability are established in relation to the monetary assessment of material damage caused: limited, full, and increased (multiple).

The following persons may be brought to financial responsibility: the commander of a military unit - in an administrative manner (only with the consent of the guilty serviceman (the principle of voluntariness); the court-at the request of the commander of a military unit or investigative bodies.

A serviceman does not bear material liability when the damage was caused as a result of conscientious performance of official duties by the serviceman or in a state of necessary defense or extreme necessity.

Civil liability on a common basis with all citizens is borne by military personnel who are not performing their military service duties, for non-fulfillment or improper fulfillment of obligations stipulated by Russian legislation, for losses and moral damage caused to the state, individuals and legal entities.

This type of legal liability is expressed in the occurrence of adverse property consequences for the guilty violator (recovery of losses, penalties) and involves full compensation for the victim of damage.

Civil liability occurs under the following conditions: the presence of property or moral damage in the victim; illegality of the actions (inaction) of the harmer; the presence of guilt (intent, negligence); causal connection between the act and the harm that has occurred.

If the causer of harm refuses to voluntarily compensate for the damage, the victim has the right to apply to the court for protection of his interests.

Military personnel are criminally responsible for committing crimes on a general basis, just like all citizens, in accordance with the Criminal Code of the Russian Federation. At the same time, the Criminal Code contains a number of norms that apply only to military personnel in connection with the commission of crimes against military service in peacetime.

The basis for criminal liability is the commission of an act containing all the elements of a crime provided for in the Criminal Code of the Russian Federation.

Circumstances that exclude criminality of an act include actions that have caused harm to the interests protected by criminal law: in a state of necessary defense, extreme necessity, when detaining a criminal, as a result of physical or mental coercion, with a reasonable risk to achieve a socially useful goal, as well as in the execution of a legal order or order.

An act (omission) that formally contains signs of an act provided for by a criminal law, but does not pose a public danger due to its insignificance, is not recognized as a crime.

Depending on the nature and degree of public danger, crimes are divided into minor crimes, medium crimes, serious crimes and especially serious crimes.

Criminal legislation establishes the following types of punishments: basic - compulsory labor, correctional labor, restriction of military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period of time, life imprisonment and the death penalty, additional-deprivation of a special, military or honorary title, class rank and state awards, as well as confiscation of property; as both basic and additional, a fine and deprivation of the right to hold certain positions or engage in certain activities are applied.

Sentencing is carried out by the court in accordance with the Criminal Code of the Russian Federation. When assigning a sentence, the court takes into account the nature and degree of public danger of the crime, the identity of the perpetrator, the circumstances that mitigate and aggravate the punishment, as well as its impact on the correction of the convicted person and on the living conditions of his family.

The legal responsibility of military personnel contributes to strict and accurate compliance with the requirements of laws, the military oath, military regulations, orders of commanders and superiors. The application of knowledge about legal responsibility in daily service activities is an important condition for preventing offenses in the military, strengthening military law and order, legality and improving the combat readiness of the Armed Forces of the Russian Federation.

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