The release of accused participants of the special military operation from criminal liability and the rights of the victim.

The article analyzes specific problems of doctrinal and practical nature that have arisen as a result of the consolidation in criminal and criminal procedural legislation, legislation on military duty and military service, mobilization legislation, the procedure for concluding a contract for military service with defendants during mobilization, states of emergency, and wartime. It explores a new, previously unknown procedure for depenalization in Russian legislation, which is based on public interests – expanding the group of individuals engaged on a voluntary (quasi-voluntary) basis in combat operations as part of the Armed Forces of Russia. This procedure has significant differences from the general approaches to the grounds and procedure for making decisions on exempting the accused from criminal liability in peacetime. This phenomenon (the procedure for exempting the accused from criminal liability in special periods or times) requires deep scientific reflection. Through the lens of the rights of the victim, the relationships arising from the application of the new order for releasing accused individuals from criminal liability are examined, as well as the potential conflict between public and private interests (the interests of the victim) resulting from this procedure. The opinion is expressed on the necessity for further comprehensive intersectoral (criminal, criminal procedural, criminological) study of the phenomenon of exemption from criminal liability of a broad range of accused individuals, especially in the commission of serious and particularly severe crimes against life and health, against property, without taking into account the views of victims of such crimes. It is proposed to limit the admissibility of applying such a procedure to suspects and accused persons, preserving it only for those convicted with the possibility of applying the criminal law institution of deferring punishment in the case of concluding the corresponding contract for military service. It is also suggested to expand the list of crimes for which accused individuals cannot conclude the relevant contract with the command of the military unit. As an additional guarantee of ensuring the right of the victim to access justice and compensation for damages, as provided for in Article 52 of the Constitution of the Russian Federation, the creation of a fund to assist victims of crimes, the investigation of which has been suspended in public interests related to the conclusion of a contract for military service with the accused during special periods or times, is proposed.

victim, realization of constitutional rights, victim assistance fund, accused, termination of a criminal case, criminal liability, non-rehabilitating base, martial law, special military operation, special period