MILITARY-CRIMINAL-EXECUTIVE PROCESS: THE MAIN IDEAS
Journal: PENAL LAW
Volume 19 № 4
, 2025
Rubrics: THE THEORY OF PENAL LAW
Authors:
1.
Redakciya zhurnala «Rossiyskiy kriminologicheskiy vzglyad»
Type:
Article
Pages:
from 544
to 551
Status:
Published
Received:
15.10.2024
Accepted:
05.11.2024
Published:
13.03.2025
Subject area:
VAC 5.1.4 Уголовно-правовые науки
UDK 344.1 Военное уголовное право
UDK 344.1 Военное уголовное право
Language:
Russian
Keywords:
military-criminal-executive process, concept, subject, method, system
Abstract (English):
The conceptual ideas of the military criminal enforcement process are considered, the concept, subject, method and system are defined. The analysis of the modern criminological situation in the world and Russia, the development of individual material sub–branches of law and independent teachings, allows us to formulate the foundations of another independent teaching – the military criminal enforcement process. By their procedural nature and composition, by the mechanism of application and serving, military criminal penalties and other measures of a military criminal nature applied to convicted military personnel form a special group of coercive measures applied in special conditions. Given the current military criminological situation in the world, it should be assumed that the number of special military operations conducted by Russia and other countries will only increase, which eventually actualizes the development and improvement of the military criminal enforcement process not only on the territory of Russia, but also beyond its borders. Currently, there is a real need for specialization of institutions and norms of General and Special parts in relation to the process of execution and serving military criminal penalties, other measures of a military criminal law nature, execution, serving military criminal procedural preventive measures, as well as providing correctional, preventive and resocializing effects on convicted military personnel. The military-criminal-executive process should be considered in three meanings: as a science, an academic discipline and a sub-branch of penal enforcement law (process), striving in the future to form an independent branch of law.
The conceptual ideas of the military criminal enforcement process are considered, the concept, subject, method and system are defined. The analysis of the modern criminological situation in the world and Russia, the development of individual material sub–branches of law and independent teachings, allows us to formulate the foundations of another independent teaching – the military criminal enforcement process. By their procedural nature and composition, by the mechanism of application and serving, military criminal penalties and other measures of a military criminal nature applied to convicted military personnel form a special group of coercive measures applied in special conditions. Given the current military criminological situation in the world, it should be assumed that the number of special military operations conducted by Russia and other countries will only increase, which eventually actualizes the development and improvement of the military criminal enforcement process not only on the territory of Russia, but also beyond its borders. Currently, there is a real need for specialization of institutions and norms of General and Special parts in relation to the process of execution and serving military criminal penalties, other measures of a military criminal law nature, execution, serving military criminal procedural preventive measures, as well as providing correctional, preventive and resocializing effects on convicted military personnel. The military-criminal-executive process should be considered in three meanings: as a science, an academic discipline and a sub-branch of penal enforcement law (process), striving in the future to form an independent branch of law.
Keywords:
military-criminal-executive process, concept, subject, method, system
military-criminal-executive process, concept, subject, method, system
