Annotation

This paper addresses criminological problems caused by the increase in criminal activity among military personnel and offers a number of proposals for normalizing the current situation. It has been established that, since 2022, the number of convicted persons from among those undergoing military service on conscription or under contract has been steadily increasing. At the same time, the proportion of those who already had a criminal record at the time of committing the offense is growing significantly among them. The author believes that, along with other factors, this trend is driven by the imperfection of the imperative mechanism for release from punishment under Article 80² of the Criminal Code of the Russian Federation. As a measure to eliminate the identified imbalances, it is proposed to expand the limits of judicial discretion when deciding on the release of convicts characterized by an especially high degree of public danger.