The State Duma will consider the introduction of the concepts of “mobilization” and “wartime” in the Criminal Code

In addition, the amendments introduce several new articles of the Criminal Code: “Voluntary Surrender” and “Looting” .png 673w” media=”(max-width: 320px) and (-webkit-min-device-pixel-ratio: 2), (max-width: 320px) and (min-resolution: 192dpi)” >

View of the building of the State Duma

A package of amendments to the draft law on amendments to the Criminal Code, which was adopted in the first reading in July, was submitted to the State Duma. It was proposed to introduce the concepts of “mobilization”, “martial law” into the code; and “wartime”. The document was published in the electronic database of the lower chamber, and lawyer Pavel Chikov was the first to draw attention to it.

“In paragraph” l ” part one of Article 63 the words “in conditions of armed conflict or hostilities”; replace with the words “during the period of mobilization or martial law, in wartime or in conditions of armed conflict or combat operations”, — said in the document.

Article 63 of the Criminal Code lists circumstances that are considered aggravating. In paragraph "l" in the current wording, such circumstances are considered to be “the commission of a crime in a state of emergency, natural or other public calamity, as well as during mass riots, in conditions of an armed conflict or hostilities.”

In addition, the amendments introduce several new articles of the Criminal Code: “Voluntary Surrender” (Article 352.1) and “Looting” (Article 356.1).

For surrender, one faces from three to 10 years in prison, if there are no signs of high treason. For looting— up to 15 years in prison.

The list of aggravating circumstances includes the commission of a crime “during the period of mobilization or martial law, in wartime”; (Article 63 of the Criminal Code).

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  • Regarding the 1st— from two to 10 days— up to 5 years in prison, and not one year;
  • As part of the 3rd— from 10 to one month— up to 7 years in prison, and not up to three years;
  • In part 4 & mdash; over a month— from 5 to 10 years in prison, and not up to five years.

At the same time, for non-compliance by subordinates with the order of the headgiven in the prescribed manner, during martial law, in wartime or in conditions of armed conflict or combat operations, as well as refusal to participate in military or hostilities, it is proposed to punish with imprisonment for a term of two to three years (Part 2.1 of Article 332 of the Criminal Code).

At the same time, Russians called up for military training who are in reserve will be criminally liable for failure to appear or desertion on an equal basis with contract soldiers and conscripts, follows from those submitted to the State Duma amendments

A group of articles on non-execution of the state defense order and violation of the terms of the state contract (articles 201.2, 201.3, 285.5, 285.6 of the Criminal Code). For violation of the terms of the state contract under the state defense order, a term of up to ten years may be threatened, and for the refusal or evasion of a person punished for failure to fulfill the requirements under the contract (part 1 or 2 of article 7.29) from concluding a state contract, up to eight years of restriction of freedom may threaten.

“A person who has committed a crime under the first part of this article shall be released from criminal liability if he voluntarily eliminated the violation of the terms of the state contract for the state defense order or the terms of the contract concluded for the purpose of fulfilling the state defense order,” — said in the draft.

In Russia, there are separate federal laws “on mobilization training and mobilization”; (N 31-FZ) and “on martial law” (N 1-FKZ).

Mobilization can be announced both before the introduction of martial law, and when martial law is introduced. It can be general or partial. Citizens who are in the reserve, but who do not have the right to a deferment, are subject to conscription.

The reason for the introduction of martial law are:

  • the invasion of a foreign state into the territory of Russia, the occupation of any parts of it;
  • bombardment by foreign armed forces of the territory of Russia;
  • blockade of ports or coasts of Russia;
  • an attack by the armed forces of a foreign state on the Russian Armed Forces, regardless of their location;
  • the actions of a foreign state that allows another state to use its territory to commit an act of aggression against Russia;
  • the sending of armed forces by a foreign state gangs, groups, irregular forces and mercenaries to carry out aggression against Russia.

Russia has been conducting a special military operation in Ukraine since February 24. After it began, foreign media, including the Guardian and the Independent, citing sources, repeatedly reported on the plans of the Russian authorities to announce mobilization.

Reports of mobilization and proposals that it is necessary for a special military operation have been repeatedly refuted by the Kremlin and the Ministry of Defense. Back in July, the Ministry of Defense emphasized that only a part of the Russian Armed Forces was involved in the military operation in Ukraine, “the number of which is quite sufficient to fulfill all the tasks set by the Supreme Commander-in-Chief.”

September 12, after the Ministry of Defense reported a “regrouping” in the Kharkiv direction, the presidential press secretary Dmitry Peskov, commenting on the questions of journalists about whether Russia now had enough military personnel to conduct a special operation and whether there were any plans for general mobilization, recommended contacting the Ministry of Defense. A day later, he said that mobilization was not planned in Russia.

In turn, the head of Chechnya, Ramzan Kadyrov, had previously called for “self-mobilization”; in Russian regions. He suggested that each region muster 1,000 volunteers. According to him, governors should not wait for the Kremlin to declare martial law or “sit out waiting for the end” special operations in Ukraine. Assistance to the state from the regions should not be expressed in verbal speeches or car races, but in concrete actions, the head of Chechnya believes.

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