“Special military situation”: General description of new laws

Bringing to criminal liability those who have committed a crime in a special military sitiation requires the legal categories that characterize this legally significant military situation to be fixed in the criminal law. It was carried out by the adoption of Federal Law No. 365-FZ of September 24, 2022, “On amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation.” Federal Law No. 365-FZ of September 24, 2022, qualifies as crimes commited in a military situation: 1) crimes committed during the mobilization; 2) crimes committed during martial law; 3) crimes commited in wartime; 4) crimes committed in conditions of armed conflict; 5) crimes committed in the conditions of warfare. The author provides a justification for the terminological definition of the circumstances under the general name “special military situation” and analyses the normative grounds for their existence, content, and meaning, which is necessary for the correct application of these legal categories in practice.

Keywords

Authors

References