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Art. 337 of the Criminal Code. Unauthorized abandonment of a part or place of service. Comment

Being in military service is regulated by Federal Law No. 76, military charters and other legal acts. One of the violations of the established rules is considered unauthorized abandonment of a duty station or part. Criminal sanctions are provided for this act. Punishment sets Art. 337 of the Criminal Code. Let's consider it in detail. unauthorized abandonment of a part or place of service

General composition

Unauthorized abandonment of a part or place of service under Art. 337 h. 1 shall be punished:

  • 6 months arrest;
  • stay in the disciplinary unit for up to a year.

Similar punishments are provided in case of failure to appear without good reason for service for more than 2, but less than 10 days with:

  • Dismissal from the part.
  • Translation.
  • Destination.
  • Returning from vacation / business trip.
  • Returning from a medical facility.

The specified liability occurs for persons serving on the draft.

If the same acts were committed by an employee who is in disciplinary military unitresponsibility is tightened. The perpetrator can face up to 2 years in prison.

Aggravating circumstances

For the unauthorized abandonment of a part or place of service by a contractor, his failure to appear for service for more than 10 days, but less than 1 month. without good reason provided:

  • Restriction on service or placement in a disciplinary unit for a period of up to 2 years.
  • Up to 3 years in prison.

If the employee did not show up or voluntarily left the unit for a period exceeding a month, he faces up to 5 years in prison. military prosecutor

Disclaimer

They are provided in the note to Art. 337 of the Criminal Code. Employees who have committed an act for the first time may be exempted from liability if the unauthorized abandonment of the service was the result of a combination of difficult life circumstances.

Comments on Art. 337 of the Criminal Code

The object of the attack is the procedure for finding a person in the service of the Armed Forces of the Russian Federation. As mentioned above, the rules are established by the relevant Federal Law, charters, and other legal acts.

The acts established by parts 1, 2, belong to the category of small, and 3, 4 - moderate.

The objective side is, firstly, active behavior. It is expressed in sunauthorized abandonment of a part or place of service. The second element of the objective side of the act is failure to appear - evasion from visiting the unit.

Moreover, liability under the Criminal Code occurs in the absence of an employee within a certain period of time - at least 2, but no more than 10 days.

The procedure for the dismissal of persons who are in the military on call and placed in the barracks, establishes the Charter of the internal service of the Russian Armed Forces (Articles 239-245).  unauthorized abandonment of a part or place of service

The abandonment of a part is recognized as going beyond its territory. It should be understood as the area of ​​the camp, barracks, marching deployment of the military group within the boundaries defined by the command. Respectively, unauthorized abandonment of military unit leaving the barracks is not considered if the employee is within the territory of the unit.

Place of service

The military unit, in which the citizen is enlisted for military service, acts directly as him. Accordingly, in practice, often the concepts of military unit and duty station coincide.

Meanwhile, the military unit may be located on a completely different territory. For example, if a person is on a business trip, the place of service is the place where he is actually located and performs his duties. It is including a train, train, etc.

The place of service is recognized and the medical institution in which the employee is undergoing treatment. The departmental affiliation of the institution does not matter.It can be a military hospital, a hospital for civilians.

Mandatory attribute

They are arbitrariness. The employee independently decides to leave the unit (place of service) and implements it without the permission of the commander. He is also arbitrarily outside the military unit over the stipulated time period and evades appearance. disciplinary military unit

Absenteeism is evasion of military duties through illegal inaction. For example, a person on vacation does not arrive at the military unit on time indicated on the vacation ticket, while continuing to be with relatives.

The specifics of the act

Beginning withunauthorized abandonment of a duty station or unit is the moment a citizen leaves the territory within which he is performing military duties. The final moment is the time of his voluntary appearance, detention outside the boundaries of the duty station, if he did not have the intention to evade service for longer than 10 days.

A person who voluntarily leaves the military unit may appear voluntarily at the location of another part or at the commandant's office of the city. In this case, the final moment is the moment of actual arrival at the indicated places.

In case of failure to appear without a good reason within the prescribed period, the beginning of the crime shall be the end of the relevant period specified in the document (dismissal, vacation ticket, travel order).

Sun explanations

The Plenum of the Court, in Order No. 3 of 2008, clarified that if unauthorized abandonment of a duty station or unit the person intended to be absent within the time limits provided for in paragraphs 1, 3, 4 337 of the article, but was detained until their completion, the act is regarded as an attempt on the relevant crime. The final qualification is carried out depending on the direction of his intent.

Subjects

The following may be held liable:

  • Sergeants, soldiers.
  • Students of military educational institutions, as well as expelled for lack of discipline or poor performance before concluding a contract (before completing 1 course).
  • Cadets who refuse to conclude a contract, if they should be or have been sent to the conscription service.
  • Employees under the age of 27 who are in the Armed Forces under the contract, have not completed the conscription service, were dismissed from it before the end of the contract. These citizens are held liable if, at the time of dismissal, they had not served the deadline set for the draft service, and at the same time they were not entitled to a deferment / release from it.

Form of guilt

The act is always intentional. The employee understands that, leaving the unit without permission, violates the established procedure for being in the Armed Forces and evades military duties, but wants it. 337 uk rf

The culprit is also aware of the duration of the illegal stay outside the military unit. In the event of failure to appear at the appointed time for service, he also understands that he is outside the place of duty and evades, without good reason, timely appearance, consciously allows or wishes to continue his illegal behavior.

Important point

The deed provided for by norm 337 presupposes temporary evasion of military duty. Accordingly, the guilty intention is aimed at a short violation of the established procedure.

This circumstance distinguishes unauthorized abandonment of a duty station or part from desertion.

Contracted crime

The legal status of citizens who are in the Armed Forces under the contract is regulated by Federal Law No. 53.

The subjective and objective factors of the commission of an act provided for in part 3 of part 337 of the norm of the Criminal Code are similar to those considered above. The difference is only in the length of time spent outside the duty station.

Severe circumstances

The law does not disclose this concept.It seems that serious circumstances may be considered that, although they do not appear as an absolute obstacle to the performance of the service, they significantly complicate it, forcing a person to immediately leave the place of service.  unauthorized abandonment of a part or place of service

Such situations include, for example, the grounds for giving a citizen leave for personal reasons, a serious condition or death of a relative, a natural disaster that befell a family, etc.

In addition, when considering a case, the court must take into account the conditions of service. A person may arbitrarily leave the military unit in connection with the unlawful actions of his colleagues. The question of the existence of relevant circumstances is decided individually.

Additionally

If a citizen commits acts stipulated by any part of article 337 several times, his behavior shall be regarded as one aggravated crime.

If deviations are provided for in different parts of the norm, each of them is qualified separately. Punishment, respectively, is charged for each of them.

If crimes are committed in the process of guarding, border guard, combat duty, law enforcement and security, during internal service, while patrolling in the garrison, if there is a reason, the deed is qualified according to the totality of articles. unauthorized abandonment of a part or place of service by a contractor

Military prosecutors

The legal status of these persons is defined in the Federal Law No. 2202-1. The tasks of military prosecutors are determined in the Order of the Prosecutor General’s Office No. 84 of 2008.

These officials, among other things, oversee the implementation by the command and other authorized employees of disciplinary and other military units, organizations, institutions, enterprises included in the system of the RF Armed Forces, laws on the detention of accused, convicted and suspected of military crimes.

Military prosecutors are also authorized to monitor compliance with the law by agencies conducting operational investigative activities, inquiries, and preliminary investigations in the detection, disclosure of acts committed by military personnel, civilian personnel of the Armed Forces, as well as entities at military training camps.


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