Unauthorized abandonment of a unit by contract servicemen. What is desertion? What is leaving a part without permission?

1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time for service without good reason upon dismissal from a unit, upon appointment, transfer, business trip, vacation or medical organization lasting more than two days, but not more than ten days, committed by a military personnel undergoing military service on call -

shall be punishable by arrest for a term of up to six months or detention in a disciplinary military unit for a term of up to one year.

2. The same acts committed by a serviceman serving a sentence in a disciplinary military unit -

shall be punishable by imprisonment for a term of up to two years.

3. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service for a duration of more than ten days, but not more than one month, committed by a military serviceman undergoing military service by conscription or under a contract, -

shall be punishable by restriction in military service for a term of up to two years, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for a term of up to three years.

4. Acts, provided for by part third of this article, lasting more than one month -

shall be punishable by imprisonment for a term of up to five years.

Note. A serviceman who has committed the acts provided for in this article for the first time may be released from criminal liability, if the unauthorized abandonment of the unit was a consequence of a combination of difficult circumstances.

Commentary to Art. 337 of the Criminal Code of the Russian Federation

1. The direct object of the crime is the order of stay in military service of military personnel undergoing military service by conscription or under contract. The procedure for being in military service is regulated by the Law on military duty and Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel” (October 15, 2012), military regulations, and other normative legal acts.
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NW RF. 1998. N 22. Art. 2331; 2000. N 1 (part 2). Art. 12; N 26. Art. 2729; N 33. Art. 3348; 2001. N 1 (part 1). Art. 2; N 31. Art. 3173; N 53 (part 1). Art. 5030; 2002. N 1 (part 1). Art. 2; N 19. Art. 1794; N 21. Art. 1919; N 26. Art. 2521; N 48. Art. 4740; N 52 (part 1). Art. 5132; 2003. N 46 (part 1). Art. 4437; N 52 (part 1). Art. 5038; 2004. N 18. Art. 1687; N 30. Art. 3089; N 35. Art. 3607; 2005. N 17. Art. 1483; 2006. N 1. Art. 12; N 6. Art. 637; N 19. Art. 2062, 2067; N 29. Art. 3122; N 31 (part 1). Art. 3452; N 43. Art. 4415; N 50. Art. 5281; 2007. N 1 (part 1). Art. 41; N 2. Art. 360; N 10. Art. 1151; N 13. Art. 1463; N 15. Art. 1820; N 26. Art. 3086, 3087; N 31. Art. 4011; N 45. Art. 5431; N 49. Art. 6072; N 50. Art. 6237; 2008. N 24. Art. 2799; N 29 (part 1). Art. 3411; N 30 (part 2). Art. 3616; N 44. Art. 4983; N 45. Art. 5149; N 49. Art. 5723; N 52 (part 1). Art. 6235; 2009. N 7. Art. 769; N 11. Art. 1263; N 30. Art. 3739; N 51. Art. 6150; N 52 (part 1). Art. 6415; 2010. N 30. Art. 3990; N 50. Art. 6600; 2011. N 1. Art. 16, 30; N 17. Art. 2315; N 22. Art. 3238; N 46. Art. 6407; N 47. Art. 6608; N 51. Art. 7448; 2012. N 10. Art. 1273; N 25. Art. 3270; N 26. Art. 3443; N 31. Art. 4326; N 43. Art. 5933.

The crimes provided for in Parts 1 and 2 of the commented article are crimes light weight, parts 3 and 4 - to crimes moderate severity.

2. From an objective point of view, a crime is unauthorized abandonment of a unit or place of service, as well as failure to appear for service without good reason for a period of more than two, but not more than 10 days.

For military personnel undergoing conscription military service who are located in barracks, the procedure for dismissal from the unit is regulated by Art. Art. 239 - 245 of the Charter internal service Armed Forces of the Russian Federation.

Leaving a military unit means abandoning its territory. The territory of a military unit is understood as the area of ​​the barracks, camp or field location of a military unit within the boundaries established by the command. It is not an unauthorized abandonment of a unit if a serviceman leaves the barracks, but is within the territory of the military unit.

A crime can also be committed by unauthorized abandonment duty stations. The place of service of a serviceman is the military unit where he is enrolled for service. Therefore, more often the concepts of military unit and place of service coincide. But the place of service may not coincide with the location of the military unit (for example, when a serviceman is on a business trip, the place of service will be the territory of the unit indicated in the travel order, train, train).

The place of service is also recognized as the place of treatment of a serviceman, regardless of whether it is a military hospital or a medical institution of another departmental affiliation.

Most judges correctly distinguish between these concepts. However, some errors still occur.

Thus, when considering a criminal case against junior sergeant S., the military court of the Bezrechnaya garrison found that the culprit had left the military hospital without permission, where he was undergoing inpatient treatment, after which he evaded service for more than one month. Subsequently, he did not comply with the instructions of the military commissar to return to the hospital and spent more than two months illegally spending his time at his own discretion.

Having correctly qualified both episodes of evasion under Part 4 of the commented article, the court at the same time mistakenly assessed what the named person had done as unauthorized abandonment of the part.

IN in this case S. voluntarily left his place of service - the military hospital to which he was sent in in the prescribed manner to undergo treatment.

In addition, by not subsequently arriving at the hospital on the instructions of the military commissar, S. failed to appear on time for service without good reason, which should also have been independently assessed in the sentence.

A necessary feature of the crime in question is the unauthorized nature of leaving a military unit or place of service without the permission of the superior.

Failure to appear for duty on time means that, having left military unit or place of duty at legally, a serviceman evades timely reporting for duty, stays outside the unit or place of service for more than the established period. Failure to appear for duty on time is characterized by evasion of the duties of military service by criminal inaction(a serviceman on leave does not report to the unit specified in vacation ticket term and continues to stay with relatives).

The beginning of unauthorized abandonment of a unit is the moment the serviceman leaves the location of the military unit or place of service, the end is the time the serviceman appears at the location of the military unit or place of service or the time of his detention outside the location of the military unit or place of service, if the perpetrator had no intention of evading military service for a period of more than ten days. A serviceman, having left his unit without permission, may voluntarily report not to his unit, but to the location of another military unit or to the military commandant’s office of the city. The final moment of the crime in these cases will be considered the time of the serviceman’s appearance at the location of another unit or at the military commandant’s office.

In case of failure to appear for duty on time without good reason, the initial moment of the crime should be considered the expiration of the period for the serviceman to report to the unit or place of service specified in the relevant document (travel order, vacation ticket, dismissal note).

In paragraph 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 04/03/2008 N 3, the following explanation is given: “If the serviceman had the intention of being absent without permission from the unit (at the place of service) within the time limits established by parts 1, 3 and 4 of the commented article, but was detained before the expiration of these terms, the act should be qualified as an attempt at the relevant crime, depending on the direction of intent.”

3. The subjects of the crime are military personnel undergoing military service upon conscription. These include soldiers and sergeants performing military service upon conscription; cadets of military educational institutions before concluding a contract for military service, i.e. before the end of the first year of study; cadets expelled from the military educational institution for poor academic performance or lack of discipline before concluding a contract, as well as cadets who refused to conclude a contract if they were sent or were subject to direction for military service upon conscription in accordance with the procedure established by law; military personnel under the age of 27 who are serving under a contract, who have not completed military service upon conscription and who have been discharged from military service before the expiration of the contract if they have not served at the time of discharge fixed time military service upon conscription and do not have the right to exemption or deferment from conscription for military service (Articles 2, 22 - 24, 34 - 36 of the Law on Military Duty).

Are not subjects military crimes against the procedure for military service of persons who, in accordance with Art. 23 of the said Law were subject to exemption from conscription for military service or were not subject to conscription for military service, but were called up for military service in violation of the requirements of current legislation.

4. C subjective side the crime is committed intentionally. The person realizes that he is leaving the location of a military unit or place of service without permission, without the permission of the commander (chief), and thus evading the duties of military service, and desires this. The consciousness of the guilty person also covers the duration illegal stay outside the unit or place of service for more than two days (in Parts 3 and 4 - more than ten days or more than one month, respectively). In case of failure to appear for duty on time, the culprit is also aware that he is outside the location of the military unit, is avoiding timely attendance at the unit without good reason, desires or consciously allows the continuation of his illegal stay outside the unit for more than two, ten days or more than one month.

Since the crime is a temporary evasion from the duties of military service, the subjective side is characterized by the subject’s intention to only temporarily remain outside the unit or place of service and the desire to return to the unit and continue military service. The lack of a goal on the part of the perpetrator to completely evade the duties of military service distinguishes the crime in question from desertion.

5. Part 2 of the commented article establishes criminal liability for unauthorized abandonment of a unit or place of service (failure to appear for service on time) of military personnel serving a sentence in a disciplinary military unit (Articles 44, 55 of the Criminal Code). The subject of the crime is a person serving a sentence in a disciplinary military unit. The objective and subjective sides of this crime are similar to those discussed above.

6. Part 3 of the commented article provides for criminal liability for unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service lasting more than ten days, but not more than one month, committed by military personnel undergoing military service under conscription or contract.

The legal status of persons performing military service under a contract is determined by the Law on Military Duty. The objective and subjective side of the crime are similar to those discussed above, with the only difference being that the act involves more long absence compared to the deadline. The subject of the crime, in addition to the person serving under conscription, is a contract soldier.

7. According to Part 4 of the commented article, the acts specified in Part 3 lasting more than one month are qualified.

The note to the commented article provides for the possibility of exemption from criminal liability for military personnel who for the first time committed unauthorized abandonment of a unit or place of service or failure to appear for duty on time due to a combination of difficult circumstances.

The law does not define the concept of “difficult circumstances”.

Difficult circumstances may include the following: life situations, which, although they are not an absolute obstacle to military service, significantly complicate its performance and necessitate the immediate presence of a person at the place of residence of relatives, acquaintances, etc. These, in particular, should include the presence of grounds for granting leave to military personnel for personal reasons provided for in paragraph 10 of Art. 11 of the Federal Law “On the Status of Military Personnel”, serious health condition or death close relative a serviceman or a person under whose care a serviceman was; fire or other disaster that befell the family or close relative of a serviceman, etc.

Difficult circumstances should also be considered the occurrence of certain grounds for dismissal, provided for by law on military duty (for example, the need for constant care for a relative (subparagraph “b”, paragraph 1 of Article 24 and subparagraph “c”, paragraph 3 of Article 51), a child (subparagraph “c” - “d” of paragraph 1, Article 24), providing assistance to a single mother with young children (subparagraph “e”, paragraph 1, Article 24).

Difficult circumstances of a service nature can be hazing on the part of colleagues, domestic instability, financial difficulties, other unfavorable life situations, which, although they do not deprive the opportunity, but significantly complicate the serviceman’s stay in service, disrupt it legal status, vital interests, honor and dignity. The question of the existence of such circumstances must be decided individually, taking into account the specific circumstances of the case.

An example of a correct assessment of all circumstances is the case of sailor B.

The military court of the Fokinsky garrison found B. guilty of evading military service for more than one month under Part 4 of Art. 337 CC. Having considered the case by way of supervision, the military court Pacific Fleet the verdict against B. was overturned and the case was dismissed. According to the case materials, B.’s mother died on June 31, 1995, and for this reason he was granted leave. After the death of his mother, B. was dependent on his young brother and sister, as well as his elderly grandmother. At the same time, B. remained the only one who could look after them, which is what he actually did before his arrest. Taking into account the above, B. on the basis of subparagraph. "b" clause 1 art. 24 of the Federal Law “On Military Duty and Military Service” was subject to transfer to the reserve as the only person, busy caring for family members in need outside help and not fully supported by the state.

Under such circumstances, the military court of the fleet came to the correct conclusion that B.’s crime was committed as a result of a combination of difficult circumstances, and justifiably terminated this case on the basis of a note to the commented article.

When a person commits several evasions from military service, liability for which is provided for by the same part of the commented article, the act is qualified as single crime committed under aggravating circumstances.

If evasion of military service is provided for in different parts of the commented article, then each crime is classified separately and punishment is assigned for each of them.

Attempted unauthorized abandonment of a unit or failure to appear for duty on time must receive an independent legal assessment.

If unauthorized abandonment of a unit or place of service is committed during combat duty, border, guard service, security service public order and provision public safety, internal service or patrolling in the garrison, then if there are signs of relevant crimes, such actions, in addition to the commented article, require additional qualifications under Art. Art. 340 - 344 CC.

1. Unauthorized abandonment of a military unit or place of service by a military personnel conscript service, as well as his failure to appear on time without good reason for service upon dismissal from a unit, assignment or transfer, failure to appear from a business trip, vacation or medical institution lasting more than three days, but not more than a month, -

shall be punished by detention in a disciplinary battalion for a term of up to two years or imprisonment for a term of up to three years.

2. Unauthorized abandonment of a military unit or place of service by a military personnel (except for military service), as well as his failure to appear for service on time without good reason for a duration of more than ten days, but not more than a month, or, although less than ten days, but more than three days, committed again during the year -

shall be punishable by a fine of up to one hundred tax-free minimum incomes of citizens or service limitation for a term of up to two years, or imprisonment for a term of up to three years.

3. Unauthorized abandonment of a military unit or place of service, as well as failure to appear for service on time without good reason for a period of more than one month, committed by persons specified in parts one or two of this statute, -

shall be punished by imprisonment for a term of two to five years.

4. Unauthorized abandonment of a military unit or place of service, as well as failure to appear for service on time without good reason, committed under martial law or in a combat situation, -

shall be punished by imprisonment for a term of five to ten years.

1. Part 1 art. 407 of the Criminal Code provides for liability for unauthorized abandonment of a unit or place of service by a conscript, and Part 2 - by an officer, warrant officer, midshipman or conscript.

2. Unauthorized abandonment of a unit or place of service is recognized as a crime under Part 1 of Art. 407 of the Criminal Code, if it lasted more than three days, but not more than one month. Being late without good reason for the same period of time upon dismissal from a unit, upon appointment, transfer from a business trip, from vacation or from a medical institution also constitutes a crime.

3. Unauthorized abandonment of a military unit or place of service by a military personnel (except for military service), as well as his failure to appear for service on time without good reason for a duration of more than ten days, but not more than a month, or, although less than ten days, but more than three days, committed repeatedly within a year he qualifies under Part 2 of Art. 407 CC.

4. The act is considered committed under aggravating circumstances if the abandonment of part of the Chilean service lasted more than one month (Part 3 of Article 407 of the Criminal Code), or if it was committed in war time or in a combat situation (Part 4 of Article 407 of the Criminal Code).

5. Martial law is recognized as Ukraine being in a state of war with another state, and a combat situation is recognized as direct contact of a unit (unit) with an armed enemy and combat (with an armed gang, with armed border violators, etc.). A combat situation can arise not only in war, but also in peacetime.

6. Leaving a unit or place of service without proper permission from the unit commander is considered unauthorized.

7. Unauthorized abandonment of a unit or place of service is committed intentionally.

Unauthorized abandonment of a unit or place of service and desertion.

Public danger of this act is that the serviceman, committing unauthorized absence shirks responsibilities military service, thereby reducing the combat readiness of the unit or unit.
Direct object of this crime is the procedure for serving in the Armed Forces, other troops and military formations of the Republic of Kazakhstan, which obliges each military personnel to be at a duty station determined by the command.
Objective side The crime is characterized by unauthorized abandonment of a unit or place of service, failure to appear on time without good reason for service for a duration determined by law.
The beginning of unauthorized abandonment of a unit is the moment the serviceman leaves the location of the military unit or place of service, as well as his failure to arrive at the place of service within the prescribed period, the end is the time of the serviceman’s appearance at the military command authorities or military unit or the time of his detention.
The temporary appearance in the unit of a person evading the duties of military service, for any personal or other reasons not related to the performance of service duties, does not interrupt the period of unauthorized absence.
Military personnel undergoing conscription service are housed in barracks located on the territory of the military unit. The place of duty may be other places determined by the superior.
Dismissal from a unit or place of service is carried out with the permission of the commander of the relevant unit. In the absence of such permission, it is impossible to leave the unit or place of service - this is considered unauthorized abandonment and may entail criminal liability.
At the same time, in accordance with the note to Art. 372 of the Criminal Code of the Republic of Kazakhstan, a military serviceman who for the first time committed the acts provided for in parts 1 and 3 of this article may be released by the court from criminal liability if the unauthorized abandonment of the unit was a consequence of a combination of difficult circumstances, and if he voluntarily appeared for further military service.
Difficult circumstances bullying and violence should be considered as a result of violation statutory rules relationships between military personnel or excess official powers, death or serious illness of a close relative, if the commander refused to leave the unit.
Required condition bringing to criminal liability for unauthorized abandonment of a unit or place of service is the duration of absence - more than five days, but not more than 10 days. This period is calculated from the moment of leaving the unit or place of service until the moment of return or detention.
Failure to appear on time without good reason occurs when the serviceman was outside the unit on a legal basis (upon dismissal from the unit, assignment, transfer to another unit, on a business trip, vacation, in a medical institution). A crime will occur if a serviceman, in the absence of valid reasons, arrives late at his place of duty. Valid reasons include illness, natural disaster, etc.
Like unauthorized abandonment of a unit or place of service, failure to appear on time entails criminal liability if the serviceman is late for more than five days, but not more than 10 days. The duration of lateness is calculated from the moment when the deadline for appearance has expired.
The crime is considered completed if the serviceman was illegally outside the unit or place of service or did not report to the place of service within the above period. The duration of the illegal absence of the culprit outside the unit or place of duty does not affect qualifications, but can be taken into account when assigning punishment.
Subjective side The crime is characterized by a deliberate form of guilt in the form of direct intent: the perpetrator realizes that he is leaving his unit or place of service without permission or does not show up on time without good reason, and wants to commit these actions.
Required feature subjective side The corpus delicti of this crime is the intention of the perpetrator to temporarily leave the unit or place of service or to be outside its boundaries and the presence of a desire to return to the unit or place of service for further service.
Motives and goals may vary and must be taken into account when deciding on criminal liability. The goal is required element corpus delicti and is expressed in the intention to evade military service. In all cases, this crime excludes the goal of completely avoiding military service. Because performing these actions for the purpose of evading military service should be considered desertion (Article 373 of the Criminal Code of the Republic of Kazakhstan).
Subject of the crime - special, i.e., a military serviceman undergoing military service upon conscription.

With the beginning of a new conscription into the army, every family with a young man of military age faces many tasks and problems. As public organizations state, unfortunately, for most conscripts and their parents, a summons to the military registration and enlistment office is still something akin to a bolt from the blue. This happens mainly because the guys are informationally unprepared for what the army is like and what awaits them in the unit. This gives rise to many fears, idle thoughts, memories of negative experiences of acquaintances, and reliance on unverified and distorted facts. As a result, when faced with real situations, many are lost, not knowing how to behave, what rights and responsibilities they have, and often in such cases leave the military unit. Unauthorized abandonment of a unit is a criminal offense. To prevent similar solutions problems and justify them; if the situation did occur, we, together with the site, suggest that you familiarize yourself with real facts And important points in these cases.

What is unauthorized abandonment of a part?

Article 337 of the Criminal Code of the Russian Federation Unauthorized abandonment of a unit or place of service.

1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time for military service without good reason upon dismissal from a unit, upon assignment, transfer, from a business trip, vacation or medical institution lasting more than two days, but not more than ten days, committed by a military personnel undergoing military service upon conscription, is punishable by arrest for a term of six months or detention in a disciplinary military unit for a term of up to one year.
2. The same acts committed by a serviceman serving a sentence in a disciplinary military unit are punishable by imprisonment for up to two years.
3. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time for service without good reason for a period of more than ten days, but not more than one month, committed by a military personnel serving by conscription or under a contract, is punishable by a restriction on military service for a period of up to two years, or imprisonment for a term of up to three years.
4. Acts provided for in part three of this article, lasting more than one month, are punishable by imprisonment for a term of up to five years.

Note. A serviceman who has committed the acts provided for in this article for the first time may be released from criminal liability if his unauthorized abandonment of the unit was the result of a combination of difficult circumstances. As we see from the formulations, the first and the main task- prove that the unauthorized abandonment of the unit was a consequence of a combination of difficult circumstances. As the practice of public organizations shows, the court recognizes only proven facts of beatings as difficult circumstances, i.e. facts of the use of hazing force relations. No other circumstances - family (for example, someone in the family is sick, but leave is not given), personal (for example, a girl does not write) are considered serious. Together with the site, we will pay attention to those cases that are caused precisely by a combination of difficult circumstances.
Military personnel in difficult situations very rarely turn to medical workers military unit or a higher medical institution, they leave the unit in panic, not believing in justice. The first thing that needs to be done if a serviceman finds himself in the cycle of so-called “hazing” is to contact the medical unit and record traces of beatings; this document must be attached to the statement to the unit commander about the fact of hazing. Like anyone official document, all this must be registered in the office, in incoming correspondence, have a number, date, write down this data, make a copy of the application and the medical worker’s conclusion. An official complaint about a violation of your rights is the most important and most difficult step. But also the most necessary.

Errors and misconceptions

Unfortunately, soldiers, out of fear of even greater pressure from their colleagues or because of lack of faith in the commander, do not contact either the medical unit or the commander. Then, at trial, it is already difficult to prove that there were reasons for leaving the unit without permission - since he did not turn to the commander, it means he simply “wanted to take a walk.” In addition, marks on the body from beatings without a statement to the unit commander can be classified as intentional causing harm to oneself, i.e. Article 399 of the Criminal Code of the Russian Federation.
Article 399 of the Criminal Code of the Russian Federation Evasion of military service duties by feigning illness or other means.

1. Evasion of military service duties by feigning illness or causing any damage to oneself (self-mutilation), or forgery of documents, or other deception, is punishable by restriction on military service for a term of up to one year, or by arrest for a term of up to six months, or by detention in prison. disciplinary military unit for a period of up to one year.
2. The same act committed for the purpose complete liberation from performing military service duties, is punishable by imprisonment for a term of up to seven years.

Therefore, the site considers it necessary to focus attention on the fact that it is very important to support each action with facts and petitions to the unit commander. If everything is done correctly and confidently, then the persons who have resorted to hazing are brought to justice and tried under Article 335 “Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them” and are punished by detention in a disciplinary military unit. Representatives of public organizations have repeatedly been convinced that justice is being restored. They themselves talked with convicts who were punished under Article 335 of the Criminal Code of the Russian Federation.

If the situation still seems hopeless, an appeal to the commander did not bring results and the serviceman still decides to leave the unit without permission, we must remember that from this moment on, the main task is to defend our right to a fair decision in this case, which means it is necessary to act competently , urgently and consistently.
First you need to call your parents and let them know what happened, without details, but so that they know that their son is alive, he is fine, he is going home.
Leaving a unit for up to two days is not yet considered a criminal offense. And it is this time that needs to be used most effectively.

The young soldier Evgeny Korytov traveled a long way, walking from Blagoveshchensk to Saratov. It took him 1.5 months to travel. The court sentenced him to a year and a half of probation, without delving into the reasons for leaving the unit without permission.

To avoid such a mistake, firstly, you need to write a detailed explanatory note reasons for unauthorized leaving of the unit, indicating the ranks and names of the offenders and officials, to which there was an appeal in the unit. Here you will also need to indicate the number and date of the application registered in the office. It is also necessary to describe in detail the route and methods of movement from the unit to the point where this document will be presented. It is advisable to make several copies. This document must be submitted to all authorities where you will have to apply:

1. it is necessary to inform the military registration and enlistment office about leaving the unit;
2. contact the military commandant's office and the military prosecutor's office;
3. if needed additional support, you can contact public organization;
4. if there are signs of beatings on the body, you need to contact any official medical institution and insist that everything be officially recorded.

At any point, a serviceman can be detained and returned to his unit. Therefore, it is important to have all these documents with you and, at the first opportunity, transfer them to the commandant’s office or prosecutor’s office. As practice shows, the higher the authority to which the soldier turns, the faster and better this issue is resolved.
Some servicemen who left their unit without permission begin to hide from the authorities, play for time, worsening their situation. the site would like to convey to everyone’s understanding that sooner or later, you will still have to face the military prosecutor’s office. But if a person is hiding, it means he is already guilty, which means, again, they won’t look into his case for a long time. We must contact the commandant’s office and the prosecutor’s office as soon as possible, enlisting support good lawyer, which must be found in advance, before being called up for service.

Private Alexander Korobov left his unit without permission, the parents turned to the bar association, where they were advised not to return their son to the unit, but to wait for the law on alternative civil service(2.5 years!). A year and a half later, Korobov was arrested and sentenced to a year and a half in a disciplinary military unit.
Next example. The parents of Private Denis Plyasov, who left his unit without permission, turned to a regional public organization that did not deal with such issues at all, but there they were advised not to return to the unit, but to wait for an amnesty, which was not expected. As a result, Plyasov was arrested six months later and sentenced to a year and a half in a disciplinary military unit.

There are frequent cases when, on the way home, military personnel earn extra money in villages in order to feed themselves. If in exchange for food a soldier is asked to dig up a garden, bring water and stay a few more days, you need to warn your “employers” that help is needed and that there is very little time and every minute can add an extra month disciplinary battalion. As the practice of defense has shown, with normal human treatment and explanation of the reasons local population villages and villages in every possible way helped those who left without permission to get home as quickly as possible.

Sergei Chebyshev, getting home on foot, stopped in the village for a while, explained his situation to his grandfather Sasha, who, in addition to feeding the soldier, gave him a rest, but also freely delivered him home in his car, saving him time.

But it also happens that an escaped soldier decides to hide, stays in some village, starts a family and hopes that “ time will pass and everything will be forgotten." Such actions are assessed by the court as desertion.
Article 338 of the Criminal Code of the Russian Federation Desertion.

Punishment under this article occurs in prison, without counting the term of serving the sentence against the period of military service.
If a detained soldier makes a statement that his plans were to return to the unit (which is most often almost impossible to refute during the prosecution), in this case the case will not be based on charges of desertion, but will be considered based on the fact of unauthorized leaving the unit.
So, the most important thing for a soldier who has left his unit without permission is to remain calm and save his time. It would be wise if he also registered as a conscript notary office power of attorney to represent your interests in administrative, judicial and other organizations to your parents and lawyer. All appeals to the military registration and enlistment office, administration, police, prosecutor's office must always be in writing. If the office refuses to register an application, you need to send it by registered mail with notice.
Successful completion of military service largely depends not only and not so much on physical training How much depends on your awareness and ability to quickly and correctly make decisions. Good luck in everything!

Military service in any structures that ensure the security of our country Russian Federation and the protection of its interests, including those extending to all possible world states, presupposes great amount various duties, the observance of which is necessary and mandatory. Of course, the abundance of such responsibilities and their possible violations form many different crimes committed by people. One of these crimes is the main issue on the topic under consideration - unauthorized abandonment of a unit or place of service, which will be discussed further.

Punishment for unauthorized leaving a unit or place of service.

General provisions

One of the main legal acts on this crime stands the federal law“On military duty and military service” dated March 28, 1998 N 53-FZ. In accordance with the provisions of Article 40 of this Federal Law, each military personnel is required to take an oath, and therefore assume responsibilities, namely:

Oath: “I, (last name, first name, patronymic), solemnly swear allegiance to my Fatherland - the Russian Federation. I swear to sacredly observe the Constitution of the Russian Federation, to strictly comply with the requirements military regulations, orders from commanders and superiors. I swear to fulfill my military duty with dignity, to courageously defend freedom, independence and constitutional order Russia, people and Fatherland."

A soldier who is foreign citizen, who first entered military service in the Russian Federation, gives an obligation.

Obligations accepted: “I, (last name, first name, patronymic), pledge to comply with the Constitution of the Russian Federation, strictly comply with the requirements of military regulations, orders of commanders and superiors, and fulfill military duty with dignity.”

Consequently, failure to comply with the above obligations creates the need to bring the violator to justice, in some cases to criminal liability. Generally, this genus activities, even taking into account the fact that for conscripts it is not a voluntary right, but necessary duty, which is not possible to violate, implies some concessions and concessions for the rank and file.

Composition and responsibility of military personnel

So, it should immediately be noted that the act in question is one of the representatives of war crimes that bears the most dangerous character, especially in the presence of an introduced military (mobilization) situation. Establishing the severity of punishment and determining the characteristics of the crime is dealt with in Article 337 of the Criminal Code of the Russian Federation, the provisions of which are as follows:

1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time for service without good reason upon dismissal from a unit, upon assignment, transfer, from a business trip, vacation or medical organization lasting more than two days, but not more than ten days, committed by a military personnel undergoing military service conscription service -

shall be punished by up to six months or by detention in a disciplinary military unit for up to one year.

Looking ahead, it is worth saying that the acts provided for in parts 1 and 2 of this article relate to crimes of minor gravity, and parts 3 and 4 to moderate gravity. As can be seen from these provisions, objective side the crime in question is to abandon the part in which guilty person undergoes military service upon conscription or a territorially limited duty station, as well as actual failure to appear from 2 to 10 days after the expiration of the period of legal stay outside the unit or place of service. In fact, the objective side is present in two forms: 1st is AWOL (a slang definition common in the military and civil sphere), 2nd is no-show.

For example, let's assume two situational examples that can often be found in thematic feature films:

19-year-old citizen “A”, who has been serving in conscription for 6 months, received a letter from his “citizen” best friend, in which it was said that the girl of citizen “A” (who had previously pledged to wait for her betrothed from the army) would marry their mutual friend in a week. Wanting to find out the reason for this lie from his girlfriend, and also to punish the homewrecker “like a man,” citizen “A” decided to go AWOL, since his hometown was only a few hundred kilometers away. Using the help of his colleagues, the young man climbed over the fence and got into a waiting car, in which his friend, who was also the author of the above-mentioned letter, was located. After the “act of revenge” has been committed, citizen “A” within 7 calendar days hid/evaded continuing to perform existing duties, but on the 8th day of “AWOL” he was detained by police officers.

For qualification under Part 1 under consideration, it does not matter how exactly the guilty person spent the time of unauthorized evasion. In this regard, the composition is considered completed/finished from the moment actual detention or voluntary appearance.

20-year-old young man “B”, serving on conscription in unit “No”, for sporting merits as a participant mass events was awarded seven days leave. Having tasted the taste again civil life", citizen "B" decided to evade further execution established responsibilities and left his hometown and, in fact, went on the run. After the allotted period of leave had passed, he should have returned to the territory of the military unit. On the third day of the search, citizen “B” received a call from his mother, in which she begged her son to come to his senses and voluntarily return before it was too late. The words of his own mother convinced “B” that the earlier decision was wrong, and on the 4th day of his unauthorized absence, he returned to fulfill his obligations.

It should also be understood that the subject of the act in question has the opportunity to appear not only at the place of actual service, but also at any other unit or military commandant’s office. If speak about modern realities, then due to the fact that in most cases military personnel are 18-year-old young people who have just passed puberty. The main reasons for the considered escapes and failures to appear lie precisely in the solution of “heart problems”, which must be taken into account by the courts when choosing qualifications and the severity of punishment.

Part 2 establishes liability for committing repeat violation law by a person who is already serving a sentence in a disciplinary military unit, including this applies to persons included in the lists of the variable composition of a disciplinary battalion (company).

1. Unauthorized abandonment of a unit or place of service, as well as failure to appear on time without good reason for service for a period of more than ten days, but not more than one month, committed by a military serviceman serving on conscription or under a contract, -

shall be punishable by up to two years, or by detention in a disciplinary military unit for up to two years, or by imprisonment for up to three years.

It is not clear for what reasons, but many citizens of our country believe that military personnel working under contract have more free schedule and fewer responsibilities than persons called upon to perform their duties on the relevant agenda. This is a fundamentally incorrect opinion, which does not reflect the actual state of affairs, since persons popularly called “contractors”, in most cases, bear much great responsibility and are “burdened” with more significant responsibilities.

1. Acts provided for in part three of this article, lasting more than one month -

shall be punishable by imprisonment for a term of up to five years.

Part 3 deals with a similar crime, with the exception of the increased period of unauthorized abandonment and/or failure to appear, which ranges from 10 to 30 days (Part 3) and more than one month (Part 4). In addition, here the subject can be not only persons who received a summons for conscription, but also persons who chose military sphere as a species labor activity and and concluded established by law way contract.

Features of the composition

The legislator in the note to Article 337 explains that if the actions in question are the result of a combination of difficult circumstances ( good reasons), then the guilty person is released from criminal liability. The presence of difficult circumstances is an individualized criterion that should be considered in each specific case individually. In accordance with the existing judicial practice These may include the following life situations:

• serious illnesses of close relatives or persons in whose care the serviceman was previously, as well as their death;
• emergency situations in which relatives of the person became victims (fire, flood);
• providing physical and financial assistance a single mother with minors in her care.

In fact, these reasons, in addition to the above, can include all situations that actually negatively affect military service.

Conclusion

In conclusion, it should be noted that if the crime in question was committed while on combat duty, then this act must be additionally qualified under Art. 340 (or art. 341-344 of the Criminal Code of the Russian Federation).