Aleksandr S. Parshakov, Alexey A. Parshakov. On the issue of qualification of crimes in modern conditions: military transport aspect

UDK: 342.9

Aleksandr S. Parshakov - Candidate of Law, associate professor, Russian University of Transport (RUT MIIT); Military University of the Russian Ministry of Defense, reserve colonel of justice

Alexey A. Parshakov - Military Prosecutor's Office of the Western Military District, Lieutenant Colonel of Justice

Abstract. The current paper has studied the issue of changing the state approach to criminal policy, which laid the foundation for the development of wartime criminal legislation. At the same time, there has been emphasized that the legislator took a selective approach to changing this criminal legislation, focusing on the classification of only part of the crimes, unreasonably leaving several articles in the previous edition, including military transport crimes, such as abandoning a sinking warship, violating driving rules or operation of machines, violation of flight rules or preparation for them and violation of navigation rules. Moreover, most of these crimes are blanket, since they are associated with violation of the rules that are established by regulatory legal acts and local regulations, both in peacetime and in combat situations. In addition, there have been given the examples and other reasoned arguments to justify the need to qualify these military transport crimes during periods of mobilization or martial law, wartime, or in conditions of armed conflict or hostilities. In addition to proposals to introduce the qualification under consideration into the indicated crimes of the chapter on crimes against military service, there has been proposed to make an addition to the chapter on crimes against the order of government of the Criminal Code of the Russian Federation, while there has been proposed to criminalize acts directed against the order of mobilization and ensuring the regime of martial law or wartime, due to failure to fulfill military transport obligations. Proposing changes to the criminal legislation related to the need to qualify military transport crimes and criminalize acts of failure to fulfill military transport duties during periods of mobilization or martial law, wartime or in conditions of armed conflict or combat operations, the author has relied on the practice of the activities of military authorities, prosecutor’s office and military investigative authorities.

Keywords: qualification of crimes; mobilization; military operations; driving rules; flight rules; navigation rules; military transport duty.


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