Military personnel are brought to criminal liability for committing a crime provided for by the criminal legislation of the Russian Federation. Article 335. Violation of the statutory rules of relations between military personnel in the absence of subordination relations between them 1. Real introduction, along with military alternative civil service. The proclaimed but not fully implemented law on this service causes social apathy and indifference of many law-abiding citizens, their disbelief in the possibility of building a rule of law state. By the way, in 1919, Soviet Russia became one of the first states to guarantee the right to conscientious objection to military service.
True, this “guarantee” actually turned into persecution of dissidents (mainly based on religious beliefs). An important role in solving this problem can be played by some public associations of citizens (councils, committees of soldiers' mothers), the church, and the media.
Criminal liability of military personnel - 7578
Violation of the statutory rules of relations between military personnel, associated with humiliation of honor and dignity or mockery of the victim or associated with violence, is punishable by imprisonment for up to 3 years, and in aggravating circumstances (by a group of people, with the use of weapons, the occurrence of grave consequences) - up to 10 years years.
The ruling of the Constitutional Court of the Russian Federation on this complaint is final and not subject to appeal. [8]
Having considered, at the request of citizen V. E. Polunin, the question of the possibility of accepting his complaint for consideration at a meeting of the Constitutional Court of the Russian Federation, liability for failure to comply with the order arises under Article 332.
Punishment (depending on the nature of non-compliance with the order and the resulting consequences) is provided in the form of restriction in service for a term of up to two years, or arrest for a term of up to six months, or detention in a disciplinary military unit for a term of up to two years, or imprisonment for a term of up to five years. Abandonment of a dying warship; destruction or damage to military property; loss of military property; violation of the rules for handling weapons and objects that pose an increased danger to others; violation of driving or operating vehicle rules; violation of flight rules or preparation for them; Violations of navigation rules form a group of crimes against the procedure for preserving military property, handling weapons, and rules for operating military equipment. The disciplinary charter of the Armed Forces of the Russian Federation also provides for certain measures of responsibility in relation to military personnel who violate the statutory rules of relations. General military regulations of the Armed Forces of the Russian Federation are official legal documents regulating service in the Armed Forces of the Russian Federation, training of personnel, defining the basis of combat operations of units and units, the rights and responsibilities of military personnel, their behavior, activities, life, everyday life and combat training . 10.
Improving the work of military justice bodies and, above all, military interrogators. Criminal liability for giving false testimony in a criminal trial? Solving this problem requires the adoption of a legislative act on military interrogators, whose functions should be close to the functions of police officers. The military investigator must have a legal education, possess operational skills, be removed from the staff of the military unit and from the subordination of the commander, and comply with all instructions and requirements of the military prosecutor and investigator.5. Significantly improving the social and living conditions of military service and providing military personnel with the opportunity to satisfy their material needs by legal means.
The basis for a judicial investigation is a violation of statutory rules . These include disobedience to the order of the commander, violation of the regulations, conflict with colleagues, refusal of guard duty, and insult to citizens who perform military duties. Most often, employees are convicted for unauthorized absence from work and violation of the charter . - the belief that he is a good person, is disposed towards you and is ready to communicate. Relationships can be businesslike.
(official) and
personal
(friendship, camaraderie, friendship, love). Conflicts sometimes arise in interpersonal relationships.
The essence of the concept
Relationships in the personnel of the armed forces between military personnel who violate the requirements of the charter, grossly contradict the Constitution and the Criminal Code of the Russian Federation, are usually called hazing in the army. These violations in the interaction of military personnel of any category mean:
- encroachment on the rights and personality of a serviceman by other colleagues, humiliation of dignity and honor, bullying, violence;
- conflicts based on intemperance, personal hostility, causing offense;
- the informal division of a unit's military personnel into opposing groups that seek to consolidate their superior position over others.
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Criminal liability for crimes in the sphere of interpersonal relations
Provided for in Ch. 33 of the Criminal Code of the Russian Federation, military crimes can be divided into the following groups:
Abandonment of a dying warship (Article 345 of the Criminal Code of the Russian Federation). This article provides for liability for the abandonment by the commander of a dying warship, which is considered criminal only if the commander has not fully fulfilled his duties to save the ship, people and property entrusted to him. Responsibility under Art.
345 of the Criminal Code of the Russian Federation is also imposed on the crew members if they, without the proper order of the commander, given personally or transmitted in another way, leave a dying warship.
The crime in question can be committed by any military serviceman, regardless of whether these items were entrusted to him during his service or ended up in his possession by accident - crimes against the procedure for handling weapons and operating military equipment (Articles 349-352 of the Criminal Code of the Russian Federation). Responsibility under Art.
335 of the Criminal Code of the Russian Federation can only be carried out by those military personnel who are not in a relationship of subordination with the victims (equal to the victims in terms of service position and military rank, senior or junior in military rank).
General provisions
In order to understand what the legislator means by statutory relations, and what legal “hierarchy” exists, one should refer to the provisions of Decree of the President of the Russian Federation of November 10, 2007 N 1495 “On approval of general military regulations of the Armed Forces of the Russian Federation” and highlight several key points from them , consisting of the following (Chapter 2. “Relationships between military personnel”):
34. According to their official position and military rank, some military personnel in relation to others can be superiors or subordinates.
36. According to their military rank, the commanders are those undergoing military service:
- marshals of the Russian Federation, army generals, fleet admirals - for senior and junior officers, warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- generals, admirals, colonels and captains of the 1st rank - for junior officers, warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- senior officers in the military ranks of lieutenant colonel, captain 2nd rank, major, captain 3rd rank - for warrant officers, midshipmen, sergeants, foremen, soldiers and sailors;
- junior officers - for sergeants, foremen, soldiers and sailors;
- warrant officers and midshipmen - for sergeants, foremen, soldiers and sailors of the same military unit; sergeants
- you and the foremen - for the soldiers and sailors of the same military unit.
37. Military personnel who, by their official position and military rank, are not their superiors or subordinates in relation to other military personnel, may be senior or junior.
Seniority is determined by military ranks of military personnel. Senior military ranks, if juniors violate military discipline (rules of conduct, wearing military uniforms, performing a military salute, etc.) must demand that they eliminate this violation. Juniors in military rank are obliged to unquestioningly fulfill these demands of their elders. Relationships between military personnel are built on the basis of mutual respect. In matters of military service, they must address each other as “you.” When contacting in person, the military rank is called without specifying the words “justice” or “medical service”.
So, as can be seen from these excerpts, legislators make no difference between military personnel who have temporary differences in the time of conscription. Based on this, the actions discussed in this article, also known as “hazing,” are the unspoken internal distribution of military personnel according to the length of their service, that is, “elders or grandfathers” are persons who have usually served for more than six months (previously more than 1 years), and “spirits” are persons who have just arrived in the ranks of the armed forces of the Russian Federation. Basically, “hazing” manifests itself in the desire of “elders” to assert themselves at the expense of “younger ones” through the use of physical or psychological violence.
For example, let’s assume the following situation: Citizen “A”, 18 years old, together with 10 people the same age, arrived for military service in unit “N”, where they were distributed among several companies. “A”, together with his acquaintance “B”, ended up in the same company under number “1”. From the first day, there was an extremely negative and biased attitude towards “A” and “B” on the part of persons who already had several months of service behind them, especially from the nineteen-year-old “B”, which developed without any specific reasons for this, but only on the basis of their "youth". On the third day after the command, lights out “B” woke up “A” and “B” and ordered them to report to the “tailgate” within a minute, where several more “seniors” were waiting for them. As it turned out in the end, these individuals became bored, and they decided to stroke their pride and dispel boredom at the expense of the new ones.
To do this, they dressed citizen “A” in a chef’s robe, and citizen “B” in a tunic and, under the threat of violence, forced them to perform some ridiculous scene on behalf of both male and female persons. The next night the situation repeated itself, only instead of performing they were ordered to shine shoes and wash the “grandfathers’” clothes. The next night was the last straw of patience for “A” and “B”, and after another awakening and an absurd order, they refused to carry out the instructions and informed that they would report the bullying to the company sergeant major. Such an ultimatum greatly angered the elders, and they decided to teach the “arrogant youths” a lesson with their fists, as a result of which the boys suffered slight harm to their health, which was confirmed by a medical officer.
Features of interpersonal relationships
The characteristics of a person’s behavior in a team, in a small group, the results of his work, his activities or style of communication evoke certain reactions and feelings from those around him. Thus, the attitude of team members towards a person is formed - negative, positive or indifferent.
Many people feel uncomfortable around other people due to their inability to communicate. What helps and what hinders communication? The ancient commandments of communication say that to enjoy communication you must:
trust in the person you are communicating with, the belief that the interlocutor is disposed towards you, is ready to communicate with you; partnership relations
, which are based not only on common interests and views, but also on goals and results of joint activities. According to the degree of public danger, offenses are divided into two groups: misdemeanors and crimes.
Statutory rules of relations between military personnel.
"APPROVED"
COMMUNICATIONS CHIEF OF MILITARY UNIT 33134
Guards captain T.ADILOV
"" ______________2005
PLAN-OUTLINE
conducting public and state training
with military personnel under the contract of the communications company of military unit 33134
SUBJECT:
“The statutory rules of relationships between military personnel are the most important condition for the cohesion and combat coherence of the military team.”
STUDY QUESTIONS:
1. Social and psychological foundations of relationships in a military team.
2. Ways to strengthen relationships among military personnel.
LOCATION:
location
TIME:
8 ocloc'k
METHOD:
story - conversation
LITERATURE: Orientir magazine
Kyakhta
One of the important conditions affecting the level of combat readiness of military units (units) is the system of relationships among military personnel, based on friendship and military camaraderie. The relationship between soldiers, along with opinions, moods and traditions, is one of the central components of the psychology of the military collective. On their basis, many other socio-psychological phenomena and processes develop and manifest themselves. Relationships, or interpersonal relationships, are an element of a more complex structure of social relationships. To understand the place and role of interpersonal relationships in a military team, it is necessary to consider their socio-psychological foundations and structure, the general characteristics of relationships between military personnel.
1. Perhaps there is no more interesting and controversial socio-psychological problem today than intra-group relationships. Its importance in modern conditions is increasing due to changes in the usual connections and ways of communicating between people, including military personnel of the Armed Forces. The difficulties that the Russian army is experiencing today can be overcome to a large extent if every serviceman understands that one must live and serve not only according to the regulations, which cannot provide for all the nuances of the relationship between soldiers, but also according to the mind, according to the dictates of the heart. Therefore, junior commanders should have a deep understanding of the psychology of military relationships.
Relationships (interpersonal relationships) should be considered as the most specific and definite category of psychology, since the characteristics of a person’s behavior in a military team and the results of his military activities cause certain reactions from other members of this group and form their system. In addition to relationships in the process of human activity, other spheres of relationships can be distinguished: political; production; official; legal; economic, etc. Relationships differ from other spheres of relations, primarily in that they are characterized by direct contacts between people. In addition, individual personality traits are revealed in relationships, while the personality itself is formed in them and assessed based on the results of relationships with others. In the process of relationships, the social status and social role of each member of the team is formed. Relationships can have both positive and negative connotations. Based on the above, relationships can be defined as a specific set of spiritual connections that connect team members with feelings of respect, camaraderie, responsibility and others, as well as communication skills and group performance of various tasks developed through joint experience.
Relationships can be classified as follows:
By areas of activity: service (official); off-duty (unofficial). Service relationships, in addition, are divided into relationships: vertical (between superiors and subordinates); horizontally (between equals in position and rank).
By subjects of relationships: interpersonal; intergroup; between the group and the individual. According to compliance with the requirements: regulatory (statutory); non-normative (non-statutory). What are the basic requirements for relationships between military personnel?
Chapter two of the Charter of the Internal Service of the Armed Forces of the Russian Federation “Relationships between military personnel” prescribes building relationships on the basis of mutual respect, camaraderie, friendship and mutual assistance, strict discipline and consciousness, subordination and statutory exactingness. The following requirements are imposed on the relationship between the commander (chief) and the subordinate: internal discipline, respectful attitude, subordination, high demands, critical attitude towards oneself, self-control, goodwill, accessibility and simplicity.
Relationships between military personnel who are equal to each other “horizontally” are characterized by the following features: goodwill, mutual demands, sympathy or antipathy (dislike), mutual assessments, feelings and emotions. The relationships of each member of the military collective with his comrades determine his position in informal microgroups, social role status and informal structure of the team. As a rule, in each group there is one or more military personnel, whom the team members treat with the greatest sympathy, listen to their opinion and obey their will. Such people are usually called leaders.
Leader
(from English - leader) is an authoritative member of a team or small group, whose personal influence allows him to play a major role in social processes and situations. Leaders can be formal or informal. The formal leader bases his influence on group members on his legal status, regulated by legal acts: laws, regulations, charters, orders and instructions. An informal leader influences surrounding colleagues with his personal characteristics: competence, fairness, willpower and character, physical characteristics, moral and other qualities.
Authority
(from Latin - dignity, strength, power) is the recognition by a group of individuals or a team of the personal and business qualities of one of its members, reflecting their ability to influence the state of affairs in this group (team). Therefore, the concept of authority is similar to the concept of leadership. Each military team, as a rule, has several authoritative people. They are an indicator of the spiritual, psychological wealth of the team, a sign of its strength.
Official authority
. It consists in the fact that a person who possesses it influences the psyche of the collective with a certain power given by the state and official powers.
Moral authority
completely personal and testifies to the trust of subordinates in their junior commander, respect for him as a boss and a person. This is the main type of authority of a junior commander (chief). It most fully concentrates the importance and value of a human leader. Therefore, high responsibility is placed on junior commanders for their personal moral character. Practice shows that the mistake of many of them is that they primarily rely on official authority and neglect moral demands on themselves.
Professional authority
is an indicator of the competence of a sergeant (sergeant major) in military activities. Possessing high moral and professional authority, a junior commander is able to skillfully train and educate subordinates, mobilize them to complete assigned tasks, and establish healthy relationships in the military team. One of the conditions for the authority of a junior commander is a high level of knowledge of the essence and content of social phenomena occurring in small groups ( teams). These phenomena include: conflicts; socio-psychological climate; cohesion and other social phenomena. Let's look at them briefly.
Conflict
– this is a clash of parties, opinions, forces, the external stage of development of contradictions in the system of relationships. Conflict is characterized by the intensification of opposing interests between people. It is formed in a specific situation. In primary teams - microgroups, conflicts reflect the clash of group norms and role positions. The subject of the conflict here may be various aspects of official and non-official activities. Conflicts can be constructive (the struggle for the introduction of something advanced) and destructive. The latter significantly reduce the effectiveness of activities and create an unhealthy socio-psychological climate.
Socio-psychological climate
- this is the state of a military collective, which is characterized by the level of social perception of surrounding objects and phenomena by military personnel, as well as the degree of satisfaction of its members with various aspects of interpersonal communication (interaction).
Social perception, in turn, largely depends on the level of consciousness, moral and ideological maturity of the military collective. The socio-psychological climate has such a feature as a discrepancy between individual and group mental states. For example, a good mood of a serviceman can manifest itself not only in an advanced team, but also in one where commanding demands are reduced and non-statutory relationships exist. The leadership style and personal qualities of junior commanders (chiefs) have a significant impact on the socio-psychological climate. Everyday military practice confirms that the effective management of the socio-psychological climate is greatly facilitated by the analysis by commanders (chiefs) of individual and group opinions and sentiments, which contribute to the unity of the military team.
One of the most important socio-psychological characteristics of a military team is cohesion
. This is a socio-psychological phenomenon in which a high level of development of relationships between soldiers is realized in the moral-political, military-professional and interpersonal-everyday spheres of joint activity.
How does cohesion manifest itself in various fields of activity?
Moral and political unity is manifested in the mutual trust of group members as like-minded people consciously collaborating to achieve a common goal.
In the military-professional sphere, cohesion manifests itself as combat coherence in high results of joint activities and mutual understanding on official issues.
In the interpersonal and everyday sphere, cohesion manifests itself as psychological compatibility, which objectively realizes itself in the absence of conflict in communication in everyday, off-duty situations, when soldiers engage in sports clubs, attend amateur art groups, libraries, go on leave, etc.
Thus, relationships largely determine the psychological state of military personnel and military groups, the nature of interaction between soldiers, and the socio-psychological atmosphere. The sergeant (petty officer) corps of the RF Armed Forces is obliged to pay constant attention to the study and formation of healthy relationships in subordinate teams.
2.
To strengthen relationships among the military personnel of the unit, the sergeant (sergeant major) should decide what socio-psychological characteristics he needs to fully understand the intra-collective connections of military personnel.
The main socio-psychological characteristics of relationships among military personnel are:
— the predominant direction of relationships between soldiers in various microgroups;
- content of relationships;
- forms of external and hidden manifestation of relationships;
— the ratio of official and personal connections in microgroups;
— contacts between formal and informal leaders and other soldiers;
— presence of authoritative military personnel;
— the degree of psychological cohesion of the military team;
- professional, service, age, everyday and other prerequisites for relationships.
When studying interpersonal relationships within a military team, sergeants (foremen) can use methods such as observation, conversation, analysis of documents and performance results, and others. Let's briefly look at some of them. Carrying out surveillance
, the junior commander identifies and records the nature of intra-collective connections. For example, if in their personal time military personnel communicate not with colleagues in their unit, but with fellow countrymen from other units, then it can be assumed that their informal connections are much stronger than their formal ones.
Greater objectivity comes from generalizing the results of observing several people. Therefore, it is important to listen to the opinions of other military personnel about the nature of the relationships in the subordinate unit.
Conversation
is an oral survey of military personnel. During it, it is important that the interlocutor is sincere and truthful, and his answers contribute to making the right decision in matters of forming healthy relationships in the subordinate team.
Document analysis
- this is the study of personal files, characteristics, reports, journals, pedagogical diaries, results of studies and discipline, protocols and others, which reflect the nature of the relationship. For example, in the process of studying the personal file of a subordinate, a sergeant (sergeant major) can obtain additional information about his individual characteristics, abilities, habits, positive and negative qualities, interests before serving in the army (navy). However, the study of interpersonal relationships within a group is not an end in itself. It is necessary for the junior commander to improve the quality of fulfillment of the tasks facing the unit (unit), to increase the efficiency of work to strengthen military discipline and the cohesion of the service team. This requires painstaking work to form relationships within departments. The work of sergeants (foremen) to form and strengthen relationships among soldiers in the areas of their joint activities must be built in accordance with and taking into account and observing certain requirements and conditions. This is especially important during periods of arrival of young recruits to the unit (part). During this period, junior commanders should pay more attention to newcomers and build their work taking them into account.
Firstly, when working to form and strengthen healthy relationships in a subordinate team, the junior commander must take into account the fact that these relationships are realized through the formation of the moral and political unity of military personnel.
Secondly, great opportunities for strengthening relationships in the military team are hidden in the formation of harmony (coherence) of military personnel within the framework of daily activities. The formation of coherence among military personnel can be carried out in the following areas:
· achieving a high level of individual and group excellence as a leading prerequisite for effective joint activities;
· mutual awareness of team members about each other’s professionally important qualities.
To solve these problems it is necessary:
a) use tense situations, which should not only contribute to the rapid disclosure of the basic individual psychological qualities of a colleague’s personality, but also allow one to test the warrior’s value for joint activities and acceptability as a reliable fellow professional;
b) purposeful modeling of such situations in order to speed up the entry of a newcomer into an established team;
c) to form professional coherence, use everyday, sometimes insignificant at first glance, episodes of teamwork in the process of group classes, while serving as part of a squad or shift, while working out standards in classes;
d) the sergeant (sergeant major) must organize, stimulate and direct the patronage and mentoring of experienced senior conscription soldiers over yesterday’s conscripts who have just arrived in the unit. Moreover, this process should not be limited to the simple transfer of professional skills and experience. The mentor should help the newcomer become a highly qualified specialist, as well as promote recognition of this fact by members of the entire team, speed up the process of collaboration, and establish professional mutual understanding.
Particularly effective is separate work during the meeting of young recruits with greeters (senior servicemen) and those being greeted (newcomers). If newcomers need to be oriented towards respect for the experience, knowledge and skills of veterans, towards polite recognition of their achievements while tactfully but persistently maintaining self-esteem. Then military personnel of older periods of service should be oriented towards the perception of young people as younger brothers in need of support, inexperienced in service and easily vulnerable in an unfamiliar environment. In this regard, creative evenings on the topic “Introducing myself to the team,” meetings on professions, and hobbies are justified. Soldiers bond well based on their common destinies before serving in the army and prospects for the post-army period. And in this process the role of the sergeant (foreman) is enormous. The everyday sphere has a great influence on the process of forming relationships among military personnel. If in work relationships contacts are forced and strictly regulated, then in everyday life they are established more naturally, under the influence of emotional hobbies and random impressions. Team unity is facilitated by reliance on the Russian traditions of military camaraderie, friendship and mutual assistance, examples and experience of combat operations in Afghanistan and Chechnya. The sergeant (senior sergeant) should remember that soldiers must be helped in every possible way, be as patient as possible with their mistakes, trying to correct them gradually and through primarily persuasion rather than struggle.
In what ways should sergeants (senior officers) strengthen relationships within the military team of the unit?
Firstly, it is necessary to achieve strict organization of the life and activities of the unit’s soldiers in accordance with the regulations.
Secondly, it is necessary to constantly study the relationships between military personnel in the team, identifying the real relationships between them.
Thirdly, it is necessary to ensure objectivity and fairness in the discussion of the main processes and phenomena occurring in the military collective.
Fourthly, junior commanders need to be involved in the work of forming and strengthening relationships among team members, military personnel who enjoy trust and authority in the subordinate unit.
Fifthly, when studying the essence of interpersonal relationships, sergeants (seniors) should be flexible and take into account the psychological state of military personnel.
Sixth, during conversations with subordinates, it is necessary to maintain tact and not spread the contents of the conversations.
Seventh, it is correct to use public opinion to form and strengthen relationships.
Eighth, work on studying, forming and strengthening relationships between military personnel should be carried out in a planned, purposeful, systematic manner.
Ninth, do not provide those in conflict with information that can strengthen an erroneous position and an incorrect attitude towards the other.
Tenth, control the behavior of persons removed from the conflict and correct their actions, encouraging them to demonstrate decency, conscience, and reason.
Thus, in order to improve the quality of combat and combat training missions, strengthen military discipline and organization, sergeants (senior officers) need to purposefully and systematically carry out work to study and form healthy relationships among military personnel. The system of relationships between military personnel is a complex socio-psychological phenomenon that requires sergeants (foremen) to have deep professional knowledge, high pedagogical culture, constant work on studying relationships, and skillful application of pedagogical and administrative measures of influence on subordinates.
Relationships within a military team have a significant impact on the quality of combat training and the level of combat readiness of a unit. In order to form and strengthen a healthy socio-psychological climate in the team, junior commanders need to comprehensively study their subordinates and, according to the individual characteristics of the soldiers, build official and extra-service relationships with them.
LESSON LEADER
_______________________________________________
The topic is vast
Military crimes
Seliverstova. - M., 2012. - P. 827.
PSYCHOLOGICAL CHARACTERISTICS OF INTERPERSONAL RELATIONS OF WOMEN CONVICTED FOR SEXUAL CRIMES The second group according to the analyzed questionnaire belongs to the “distrustful-skeptical type (Figure 2). Thus, the obtained psychological data can contribute to a more effective organization of the work of a correctional institution psychologist with such women, the prevention of possible deviations in interpersonal relationships in the family and team, as well as the repeated commission of sexual crimes.
Appeal to the military prosecutor
Simultaneously with filing a complaint with the commander and the military police authorities, the serviceman also has the right to contact the military prosecutor with a written statement about hazing with a request to take appropriate measures.
The appeal is registered with the military prosecutor's office within three days from the date of its receipt and is subject to consideration, as a rule, within 30 days from the date of registration, and if it does not require additional study and verification - within 15 days.
In the event of an additional inspection, request for materials and in other exceptional cases, this period may be extended, but not more than by 30 days (clause 2 of article 1 of the Law of January 17, 1992 N 2202-1; clause 2.1 of the Instructions, approved. Order of the Prosecutor General's Office of Russia dated March 18, 2013 N 70; clauses 2.3, 5.1, 5.8 of the Instructions, approved by Order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45).
In addition, a serviceman can contact the military prosecutor's office using the hotline telephone number.
You can find out more about questions regarding filing a complaint to a military prosecutor in the relevant material on our website.
Interpersonal conflict as a cause of violent crime Kudryavtsev, Sergey Vladimirovich
Abstract - free , delivery 10 minutes , 24 hours a day, seven days a week and seven holidays
and others/, their dynamics /M. Deutsch, N.V. Krogius, E. What is the criminal liability for theft? A. Orlova, B. Raven, L. B. Filonov and others/, the reasons for their occurrence c. various spheres of life /A. G. Allahverdyan, F. M. Borodkin, N. V. Grishina, A. I. Dontsov, A. P. Egides, T. A. Polozova, M. G. Yaroshevsky and others/. However, the relationship between interpersonal conflict and criminal violence within the framework of this science has still been studied very little. Its study fills the existing gap in the field of socio-psychological analysis of conflict processes, helps to find connections between processes and phenomena traditionally studied by various scientific disciplines.
480 rub. 150 UAH
$7.5 ', MOUSEOFF, FGCOLOR, '#FFFFCC', BGCOLOR, '#393939');" onMouseOut=»return nd();»> Dissertation, - 480 rubles, delivery 1-3 hours, from 10-19 (Moscow time), except SundayPurpose and objectives of the research. The main goal of this work is to study the cause-and-effect relationship between interpersonal conflict and criminally punishable violent actions. This goal was specified in the following tasks: A type of conflict between people is an interpersonal conflict based on a real or illusory contradiction between their motives.
It represents a subject-subject interaction, the main elements of which are behavioral reactions that have a destructive impact on the motives of another subject. Criminal violent actions are possible elements of interaction of this particular type and perform various functions in it: punitive, protective, utilitarian.
Prevention of crimes committed in the sphere of family and household relations
A domestic crime is the result of the resolution by a socially dangerous act of a conflict that has arisen between people who are in certain (legal and actual) family (kinship) relationships. Conflicts that lead to crimes in the family and household sphere are always associated with the individual himself and his behavior. Much depends on the level of maturity, on whether a person is ready or not to overcome contradictions in a law-abiding way[1].
[3] Criminology: textbook / ed. S. Ya. Lebedeva, M. A. Kochubey. – M.: UNITY-DANA, Law and Law, 2007. – P. 468.
Victimological prevention of crimes in the sphere of family and household relations, for example, the production and distribution in the residential sector of special warnings about methods of protection against criminal attacks, domestic violence, taking into account the most dangerous types of them.
Investigators submit motivated submissions at the place of work and in educational institutions, which helps to improve educational work, strengthen production and planned discipline, and establish proper control over persons who have committed domestic crimes. It is necessary to offer specific recommendations in submissions to eliminate the identified causes and conditions for the commission of this type of crime.7. Sending motivated decisions by the head of the correctional institution, or by the head of the police department, to the court on deciding the issue of imposing restrictions and prohibitions in relation to persons who continue to lead an asocial and antisocial lifestyle.
The joint criminal action of several persons has a number of gradations depending on the level of their socio-psychological organization:
With simple complicity, with certain common interests, there is still no unity of goals. The interrelation of the actions of the accomplices in simple complicity arises spontaneously. Objectively, this relationship is due to the partial coincidence of individual goals.
The most persistent antisocial orientation is usually the leader of a criminal group, who unites around himself a core of the most demoralized members of the group, its “top”, which organizes the criminal activities of the entire group. The more socially dangerous the goals and actions of a group, the more differentiated the roles and functions of group members are.
The actions of all participants in a criminal group are always interdependent and functionally differentiated. The actions of each group member are in a certain causal relationship with the overall criminal result. Criminal liability for libel in the media? The activities of all members of a criminal group are always motivated by common interests and organized in accordance with a common intention. The highest form of a criminal group is a gang - a well-organized and armed criminal group that poses the greatest public danger.
A gang is characterized by its focus on committing serious crimes, the stability of interpersonal connections and relationships, the formation of certain methods of criminal activity and methods of concealing crimes. A criminal group is distinguished by its system of norms and patterns.
Indirect and intentional forms of guilt
Only military personnel and officials with a military rank can act as subjects of NDA. Depending on the composition of the crime/offense, two forms of guilt are legally distinguished:
Criminal liability and crime
object of crime
– these are social relations protected by criminal law, which are encroached upon by a crime;
A punishment not provided for in this list cannot be imposed. When assigning a sentence, the court takes into account aggravating and mitigating circumstances.
main punishments
- correctional labor, restrictions on military service, restriction of freedom, arrest, detention in a disciplinary military unit, imprisonment for a certain period, life imprisonment and death penalty; 2)
additional punishments
- deprivation of a special, military or honorary title, class rank and state awards, confiscation of property; There are situations when acts are committed that have an external resemblance to a crime, but are not recognized as such:
The legislative framework
Hazing in today's army, rights, freedoms, and responsibility are qualified in accordance with the disciplinary charter, the Criminal Code and a number of federal laws of the Russian Federation. It should be remembered that unquestioning submission to the commander is legally enshrined, even if the order was given orally (clause 39, clause 43 of the Internal Service Charter, Article 26 of the Federal Law “On the Status of Military Personnel”).
For failure to execute or improper execution of an order, liability is provided for in accordance with the Criminal Code (Article 332 of the Criminal Code of the Russian Federation) and involves restriction in service, stay in a disciplinary unit (disbat), and arrest.
All provisions determining the degree of responsibility and protection of conscripts, the procedure and features of the investigation of crimes committed by military personnel are enshrined in the Code of Criminal Procedure of the Russian Federation (Clause 3, Part 1, Part 2, Article 40 of the Code of Criminal Procedure; Article 157 of the Code of Criminal Procedure; Article 144 -146 Code of Criminal Procedure of the Russian Federation), also Art. 13 Federal Law “On state protection of victims, witnesses and other participants in criminal proceedings.”
Incidents indicating violations still occur, but, as experience shows, a positive effect in eliminating cases of crime among military personnel, effective actions eradicating hazing in the Russian army, can only be achieved through coordinated and united work of the military team at all levels. The problem requires a comprehensive solution, including a built-in strict system of preventive work, taking into account the characteristics of the service, the specifics of the tasks being solved by the military unit, and deployment.
Source
Criminal liability for crimes in the field of road safety
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Contacting the military police
A serviceman can independently contact the military police authorities in a specific military garrison. In turn, military police officials are obliged to take measures to protect the life, health and legal rights and freedoms of such military personnel. Proceedings for a disciplinary offense are carried out within the competence of the military commandant of the garrison or a person appointed by him (clause 7, clause 3, - 10 clause 20, clause 187 of the Military Police Charter of the Armed Forces of the Russian Federation, approved by Decree of the President of the Russian Federation of March 25, 2015 N 161).
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