1. Restrictions on military service are imposed on convicted military personnel performing military service under a contract for a period of three months to two years in cases provided for by the relevant articles of the Special Part of this Code for committing crimes against military service, as well as convicted military personnel performing military service under contract, instead of corrective work provided for in the relevant articles of the Special Part of this Code.
2. From the monetary allowance of a person sentenced to military service restrictions, deductions are made to the state's income in the amount established by a court verdict, but not more than twenty percent. While serving this sentence, the convicted person cannot be promoted in position or military rank, and the term of punishment is not counted towards the length of service for the assignment of the next military rank.
- Article 50. Correctional work
- Article 52. Repealed
Application principle
Persons performing military service under a contract who have committed an offense are subject to a similar type of liability measures. It consists in the fact that a certain amount of funds is withheld from the employee’s money in favor of the state, and he is also limited in his career advancement.
This is a relatively new method, introduced so that military personnel can continue to carry out their service , but taking into account the prohibitions and restrictions that are assumed under Art. 51 of the Criminal Code of the Russian Federation. After all, many citizens serving in the army are very good specialists in their field, and their work there is very important. Thus, they continue to perform their duties and at the same time fulfill the responsibility assigned to them.
It is by depriving a person of part of his monetary earnings, as well as limiting career advancement in the army, that the correction of the attacker is achieved, according to legislators.
Concept
Restriction on military service is a type of criminal punishment, characterized in the form of a restriction on career advancement (promotion in rank) and the deduction of a certain percentage of the serviceman’s current salary from the state income.
The key point is that only citizens performing military service under a contract can be the subjects of this type of punishment. As a positive side, it is worth noting the previously announced opportunity to continue further performance of your contract, which is especially important if the person who violated the law is a professional in his field.
Features of punishment
Punishment is applied primarily to those who belong to the corresponding categories of restricted fitness for military service under articles of regulatory legal acts.
From the income of a convicted military man, no more than 20% of his earnings are deducted in favor of the state. He is prohibited from being promoted, and the period of execution of the punishment is not included in the total period of time for obtaining a new rank.
This type of punishment is determined only by a court verdict. A copy of the document is sent to the commander of the military unit. He, in turn, must within 3 days indicating the following information:
- on what basis and for how long a person cannot advance further up the career ladder in the army;
- what period does not count toward his length of service for receiving a military rank;
- what specific amount will be withheld from the employee’s earnings during the execution of the sentence.
This amount is calculated based on the following factors:
- salaries;
- allowances;
- other extras payments
The order is announced on the territory of the military unit to the citizen to whom this measure of responsibility will be applied.
At the same time , the commander must carry out educational work with him , explaining to him all the asociality and unseemly nature of his offense and the need to follow the laws of the Russian Federation.
Period and place of execution
According to Art. 51 of the Criminal Code of the Russian Federation, the period of punishment ranges from 3 months to 2 years or from 2 months if it was prescribed instead of correctional labor. The period is counted from the moment the court renders the relevant sentence. It must be executed by the commander of the military unit within 3 days from the date of receipt of a copy of the document.
3 days before the period of execution of the measure of responsibility expires , the unit commander is obliged to issue an order to end the restriction on military service. A copy of this document must be sent to the court.
Let's say the employee has already completed his military service before he fulfilled his punishment. Then the commander of his military unit sends the appropriate paper to the court with a request to replace the unserved part of the measure, since the citizen has changed his status.
The convicted person carries out his sentence in the same unit where he serves. An exception occurs if he is unable to fulfill his duties as a manager. Then he may be appointed to another position in another unit.
When the period may not be taken into account
The term may not be counted in cases where a citizen does not want to fulfill the measure of responsibility assigned to him. At the same time, the law does not provide for the replacement of this type of liability measures with any other, if such has been established.
In this case, the time period during which he is obliged to fulfill the measure of responsibility may be extended. Such decisions are made only by the court, at the request of the commander.
When is it better to exercise the right not to incriminate yourself?
In my opinion, if a person is sure that there is no evidence against him, then, of course, it is better to exercise the right not to incriminate himself from the very beginning. Because, having given confessional explanations, and subsequently testimony, the person himself will tell the investigation where to find evidence of his guilt. And then there will be a verdict.
But if in the case there is undeniable evidence of a person’s guilt, then it is better, of course, not to use this right, but to give confessional explanations from the very beginning, because in the future in the verdict they will be regarded as a confession.
By doing this, the person will achieve a mitigating circumstance - actively contributing to the detection and investigation of the crime.
Although both confession and active assistance in solving and investigating a crime are provided for by the same paragraph of Article 61 of the Criminal Code of the Russian Federation, it must be remembered that testifying is also one of the ways to protect a person
Is it possible to appeal
The citizen to whom the restriction should apply has the right to appeal it to higher authorities. This requires submitting an application indicating objective reasons why it should not be used in relation to him. Additionally, you can list mitigating circumstances, if any (presence of small children, etc.).
It is best to seek the help of a professional lawyer to avoid obvious blots and mistakes. Only he can correctly draw up such a paper.
The right to silence in the law of the Russian Federation
Most people, having legal knowledge at the everyday level, understand the meaning of Art. 51 of the Constitution of the Russian Federation based on films produced in the USA. The phrase “you can remain silent; everything you say can be used..." is familiar to many. In foreign law, this provision is called the “Miranda rule” and implies that any information obtained from detainees before they are (orally) explained the procedural rights cannot be used in court as evidence. Therefore, they try to clarify them immediately.
But in Russia, the “Miranda rule” does not apply, and people who do not answer any questions from law enforcement officials often act to their detriment. They have the right not to report information that will harm them personally or their loved ones, but they cannot remain completely silent.
Testimony against spouses and relatives
The list of persons against whom you can refuse to testify is given in paragraph 4 of Art. 5 Code of Criminal Procedure of the Russian Federation. It includes:
- Spouses are persons with whom the marriage is registered in the civil registry office.
- Parents or adoptive parents.
- Children, including adopted children.
- Relatives, including half- and half-brothers, brothers and sisters.
- Grandchildren.
- Grandparents.
The list is closed and applies to all types of production - a similar list is given in other codes of the Russian Federation. The big omission is that it does not include stepfathers, stepmothers, and cohabitants (common-law spouses). In criminal proceedings, witnesses have the right to use clause 3 of Art. 5 of the Code of Criminal Procedure of the Russian Federation on the concept of “close people” (persons who are related, or persons whose well-being is dear to the witness due to personal attachment). Formally, the law indicated by the Constitution of the Russian Federation, Article 51, can also be applied to them.
Right to refuse assistance
Article 51 of the Constitution of the Russian Federation, comments to which are used in law enforcement practice, also implies actions other than refusal to testify. In particular, its content includes the right not to assist in the criminal prosecution process. It includes:
- Refusal to provide any explanation or information.
- Confession (admission of guilt). If a suspect refuses to confess to a crime during the first interrogation, no one has the right to insist on this during subsequent interrogations.
- Failure to hand over things, documents or valuables for investigative actions.
Prohibition of self-incrimination
The privilege against self-incrimination is an important component of Art. 51 of the Constitution of the Russian Federation. It is separately prescribed in the main codes - the Code of Criminal Procedure, the Arbitration Procedure Code, the Code of Administrative Offenses and the Code of Civil Procedure of the Russian Federation.
It is worth noting that the prerequisites for witness immunity appeared in England in the 12th century, when those suspected of heresy were forced to take oaths ex officio. In the modern world, this rule is the most important principle of justice. It receives special attention in the USA, Australia, Germany, Canada and the European Union. But the procedural implementation of the privilege against self-incrimination varies depending on the system adopted in the state.
1. In countries of common (case) law, if the suspect agrees to testify, then he is questioned as a witness. Accordingly, he may be held accountable for subsequent refusal to testify or reporting knowingly false information.
2. In the countries of the continental system (including the Russian Federation), a suspect or accused who refuses to testify or gives false information is not held accountable. He is believed to be acting within the framework of the defense against self-incrimination.
The right to refuse testimony is not only related to the story of a specific offense. A person may not provide any information about himself, which may subsequently be used as evidence in criminal proceedings.
Limitations of witness immunity
It is very important to understand the possible applications of this standard. Article 51 of the Constitution of the Russian Federation is limited to several prohibitions provided for by the current law and law enforcement practice.
- The suspect (accused, witnesses) is obliged to take part in investigative activities that require his activity (confrontation, examination, identification).
- Obtaining, including forced, samples of blood, urine, exhaled air, and voice samples from participants in the process for further use in evidence. The need for these actions is confirmed by the Constitutional Court of the Russian Federation.
- It is possible to interrogate other people about the circumstances and situations that have become known to them from the person who has taken advantage of witness immunity, for the subsequent use of the received information in the evidence base.
- The law of the Russian Federation (Article 1.5 of the Code of Administrative Offenses of the Russian Federation) establishes exceptions to the presumption of innocence. In some cases, a person is obliged to prove his innocence. In European Union countries, this rule applies to car owners who are required to prove their innocence of violating traffic rules.
