Among the young men of draft age who were surveyed, the bulk still do not show a desire to join the armed forces, referring to one of the main reasons - the hazing in the army, which manifests itself in the troops formed by conscription, in the most common form - hazing. In the troops of the contract service, this phenomenon is extremely rare.
The essence of the concept
Relations in the personnel of the armed forces between servicemen who violate the requirements of the charter are grossly contrary to the Constitution and the Criminal Code of the Russian Federation, it is customary to call incentive relations in the army. By these violations in the interaction of servicemen of any category are meant:
- encroachment on the rights and personality of the serviceman by other colleagues, humiliation of dignity and honor, bullying, violence;
- conflicts on the basis of intemperance, personal hostility, offense;
- the informal division of the unit’s military into opposing groups that seek to consolidate their superiority over others.
Classification
According to Russian law, violations of the charter by servicemen who do not have relations of subordination are classified as unregistered relations in the army (Criminal Code of the Russian Federation, Article 335) and are punishable by imprisonment in a disciplinary military unit or imprisonment for the prescribed term. There are several classes of illegal interpersonal military interaction:
1. Unstable relations in the army between colleagues of equal rank, the influence exerted on "young" fighters by old-timers (exceptions are cases of extremely necessary defense):
- physical violence (bullying, beating, forced labor, exploitation, compulsion to physical activity in excess of established standards);
- economic (extortion, financial background in the conflict, taking away money, deprivation of food, encroachment on personal belongings and allowance);
- sexual (harassment, rape);
- psychological violence (humiliation, insult, suicide).
2. Unlawful forms of violence between peers and rank (officers, warrant officers, sergeants).
3. Unlawful actions with the manifestation of subordination - "boss - subordinate":
- abuse of authority (exceptions are cases of exposure to a coward in a combat situation, necessary self-defense);
- economic violence against subordinates (exceptions - actions of the management team in case of emergency);
- labor exploitation and abuse of office;
- sexual violence against a subordinate.
4. Unauthorized actions of military personnel in relation to the leader - "subordinate - chief":
- any form of violence against the boss (bodily harm, injury, threat of arms);
- economic violence (robbery, robbery, theft);
- sexual abuse.
The most characteristic forms in which military hazing is manifested are the beating of recruits by senior servicemen, the imposition of additional domestic and official duties, various kinds of coercion to fulfill whims, insulting a person, moral pressure, and threats of violence with the use of physical force.
In some cases, the sign of subordination acts as an aggravating circumstance, and the same unlawful act or action may qualify depending on the degree of subordination. In this way, regulation of hazing in the army is regulated, and the article of responsibility under the disciplinary charter and the Criminal Code of the Russian Federation will be different.
Hazing - a common form of NUO
The most common form of hazing in the armed forces among military servicemen who grossly violates legislation and the requirements of the charter is hazing. It is based on a hierarchical informal separation of sergeants, corporals, and conscripted soldiers, depending on the actual life of each individual person. This is exactly what discrimination of this type is based on.
Hazing is usually manifested in the form of violence of various forms, domination, exploitation, has a criminal character. According to the letter of the law, such actions are punishable and recognized as unlawful (“Unlawful relations in the army”, article 335 of the Criminal Code of the Russian Federation).
Hazing: what is it?
Mention of various kinds of violations of the charter by army servants was noted in the Soviet army, this phenomenon reached its greatest distribution and peak in the 90s of the XX century and the beginning of the 2000s. This is the so-called peculiar educational process and training of recently recruited fighters, organized and controlled by colleagues of an earlier draft (grandfathers / demobilization).
If bullying at the army level affects only the teaching process of the younger generation by the elders and adaptation to army life, then it is not criminal in nature and may have positive aspects:
- correct, respectful attitude to the senior in rank;
- following a clear daily routine;
- strict performance of their duties, etc.
Everything that goes beyond reasonable boundaries is attributed to ordinary violations of statutory discipline. If the maximum permissible limits are violated with the possible infliction of moral, material, physical harm, then hazing in the army is a danger and should be suppressed and punished.
Informal hazing division
Among the informal separation of conscripts, the most common are:
- separation of soldiers by service life (in months);
- national division;
- hierarchy according to criminal groups;
- religious separation;
- informal division by the presence of certain personal qualities, signs of personality.
Such a division can contribute to exacerbation in the relations of colleagues, the development of conflict situations.
The nature of misconduct
Depending on the composition of the offense, the NLD may be of the nature of:
- Disciplinary misconduct - illegal actions that do not contain criminal signs, but violate the charter of the armed forces, the requirements of administrative law. Responsibility for such violations is provided for in accordance with the disciplinary charter - in the form of detention or collection.
- Crime - an act representing a social and public danger that violates the law. Responsibility is provided for in accordance with criminal law, and comes in accordance with the requirements of the Criminal Code of the Russian Federation.
Indirect and deliberate forms of guilt
The subjects of NUOs can only be military personnel and officers with a military rank. Depending on the corpus delicti / offense, two forms of guilt are legally allocated:
- With indirect intent - when the person committing the offense did not foresee the dangerous consequences of his actions, did not want their offensive, but at the same time it was possible to foresee them.
- With direct intent, when the offender committing an act assumes, is aware of the danger and wrongfulness, anticipates and wishes the onset of consequences.
Causes and factors causing NLO among military personnel
The military and lawyers believe that the following are the most common factors causing unregistered army relations:
- gradation and prevailing traditions of informal separation of employees by service life, privileged position of old-timers regarding new recruits;
- impunity for unlawful violations;
- suppression, deliberate concealment of violations by commanders;
- illiterate recruitment of sergeants among conscripts;
- reluctance of officers to delve into the internal life of a soldier’s collective.
Among the main reasons that contribute to the manifestation of criminal acts among military personnel, there are:
- decrease in the level of moral values among draftees (cruelty, lack of principle, tendency to violence, manifestation of aggression);
- insufficiently productive activities to comply with the statutory rules and discipline;
- insufficient control over personnel, lack of awareness of the situation in the barracks;
- inconsistency of actions and efforts of officers, commanders, medical and legal services of the military unit;
- lack of a system of preventive measures and educational work;
- inconsistency of disciplinary action and penalties regarding the gravity of the offense;
- connivance, lack of punishment in the form of criminal liability for illegal actions;
- lack or weak level of educational work aimed at creating a healthy atmosphere, feelings of partnership and friendship;
- the lack of a clear system for introducing a new replenishment into the internal life of the military collective.
The legislative framework
Unregulated relations in today's army, rights, freedoms, responsibility are qualified according to the disciplinary charter, the Criminal Code and a number of federal laws of the Russian Federation. It should be remembered that unquestioning submission to the commander is legislatively fixed, even if the order was given orally (paragraph 39, paragraph 43 of the Internal Service Charter, article 26 of the Federal Law "On the status of military personnel").
For non-fulfillment or improper execution of the order, liability is provided for in the Criminal Code (Article 332 of the Criminal Code of the Russian Federation) and involves restriction of service, stay in the disciplinary unit (disbat), arrest.
All provisions defining the degree of responsibility and security of soldiers of military service, the procedure and features of the investigation of crimes committed by military personnel are enshrined in the Code of Criminal Procedure of the Russian Federation (clause 3, part 1, part 2 of article 40 of the Code of Criminal Procedure; article 157 of the Code of Criminal Procedure; article 144 -146 Code of Criminal Procedure), also Art. 13 of the Federal Law "On state protection of victims, witnesses and other participants in criminal proceedings."
Incidents testifying to violations are still encountered, but, as experience shows, a positive effect on eliminating the facts of crime among the military personnel, effective actions eradicating the hazing in the Russian army can only be achieved through the coordinated and close-knit work of the military team at all levels. The problem requires a comprehensive solution, including a rigorous system of preventive work, taking into account the characteristics of the service, the specifics of the tasks being solved by the military unit, and deployment.