Release:
2025. Vol. 11. № 3 (43)About the author:
Lubov V. Makarova, Chairperson of the Isetsky District Court of the Tyumen Region; Postgraduate Student, Department of Criminal Law Disciplines, University of Tyumen, Tyumen, RussiaAbstract:
The special military operation in Ukraine is a difficult test for our army and our country as a whole. The State is mobilizing all its forces to strengthen its defense capability. The historical experience of attracting a special contingent (persons serving sentences) to participate in military operations, that, for example, took place during the Great Patriotic War, has become in demand at the present time. The article presents an analysis of the legal norms governing the release from serving sentences of persons undergoing military service during a special period, identifies and reveals the features of conditional and unconditional release from punishment, and analyzes a similar institution of conditional early release from punishment. The problems of legal regulation and law enforcement practice, as well as existing problems of interdepartmental interaction, in particular, control over the receipt of information about persons released from punishment, are outlined. Measures are proposed to improve the procedural regulation of the mechanism of release from punishment on this basis.References:
Antonov, A. G. (2024). Release from punishment in connection with military service in the mobilization period, the period of martial law or wartime as a type of release on parole. Zakonnost = Legality, 10, 25–28. [In Russian]
Bychkov, S. N. (2024). On some peculiarities of the content of “new” grounds for exemption from criminal liability and criminal punishment. Russian Judge, 11, 18–22. [In Russian]
Zvecharovsky, I. E., & Yaraliev, N. T. (2024). A new type of release on parole. Zakonnost = Legality, 11, 42–43. [In Russian]
Konovalov, V. A. (2023). Topical issues of exemption from criminal responsibility of the persons involved in the special military operation. Zakonnost = Legality, 10, 16–18. [In Russian]
Reference Legal System “Consultant Plus”. Criminal Executive Code of the Russian Federation from 08.01.1997 N 1-FZ (ed. from 25.10.2024) (with amendments and additions, in force since 20.12.2024). [In Russian]
Reference Legal System “Consultant Plus”. Criminal Procedure Code of the Russian Federation from 18.12.2001 N 174-FZ (ed. from 21.04.2025). [In Russian]
Reference Legal System “Consultant Plus”. Criminal Code of the Russian Federation from 13.06.1996 N 63-FZ (ed. from 21.04.2025) (with amendments and additions, in force since 02.05.2025). [In Russian]
