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Criminal Responsibility for Evasion of Military or Alternative Civil Service: Controversial Issues of Qualification



T.O. Boziev
A.V. Korotkov
boziev1975@yandex.ru
1964kav@mail.ru
Acting Vice-Rector for Scientific Work and Innovation Activity, Head, the Department of Criminal Law Disciplines, State Institute of Economics, Law and Technology, Ph.D. in Law, Associate Professor
Associate Professor, the Department of Criminal Law Disciplines, State Institute of Economics, Law and Technology, Ph.D. in Law, Associate Professor
Gatchina
Gatchina

Keywords:

  • qualification of crime
  • special subject of crime
  • mobilization
  • military service
  • contract service
  • alternative civil service
  • criminal law
  • The article deals with controversial issues of qualifying the crime under Art.328 of the Criminal Code of the Russian Federation — evasion of military or alternative civil service. Despite long existence of the relevant provision in doctrinal sources and practical application thereof controversial issues arise with regard to the subject of the crime in question. Thus the situation has especially worsened during mobilization activities under special military operation.
    The article provides analysis of the current criminal law, the legislation regulating performance of military and alternative civil service, court practice as well as comments and textbooks and other special literature including Internet. The authors have made an attempt to justify the modern view on qualification of the crime in question as well as on applying the related article to individuals evading mobilization.
    The authors have outlined major approaches enabling to identify elements of subject of crime related to evasion of military and alternative civil service.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5