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SOME FEATURES OF THE CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES COMMITTED IN THE ARMED FORCES OF THE RUSSIAN FEDERATION AS AN IMPORTANT COMPONENT OF THE METHODOLOGY OF JUDICIAL PROCEEDINGS

Ilin Fedor Ilich  (PhD student St. Petersburg State University Department of Criminal Procedure and Criminalistics )

The distinctive feature of military court proceedings in criminal cases of corruption related crimes committed in the Armed Forces of the Russian Federation is the necessity to use departmental normative legal acts of the Ministry of Defense of the Russian Federation.A successful resolution of a case is supported by the use of criminalistic characteristic of a corruption crime committed in the Armed Forces of the Russian Federation by a military judge, and consideration of the specific features of its elements, determined by the requirements of military-criminal legislation of the Russian Federation, which contains a set of special rules, addressed only to military servicemen.For example, such an element is the facts-consequences, which cause the impossibility to perform military tasks, damaging the defense capability of the state. Such an element as the place where the crime was committed - a military object, characterized by its non-public nature, «regime», relatively constant contingent, and lack of free access - has essential features. The subject of the crime is frequently a military official - a superior in rank and/or rank with a status governed by military law; the subject may be empowered by instructions from a commander,by whom the subject may be temporarily assigned to perform the duties of an equal or higher military post

Keywords:military court, corruption crimes in the Armed Forces of the Russian Federation, elements of the criminalistic characteristic, facts-consequences, military object, military official

 

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Citation link:
Ilin F. I. SOME FEATURES OF THE CRIMINALISTIC CHARACTERISTICS OF CORRUPTION CRIMES COMMITTED IN THE ARMED FORCES OF THE RUSSIAN FEDERATION AS AN IMPORTANT COMPONENT OF THE METHODOLOGY OF JUDICIAL PROCEEDINGS // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№02. -С. 116-124 DOI 10.37882/2223–2974.2023.02.14
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