CONCEPTUAL BASES FOR EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT IN CONNECTION WITH CONSCRIPTION OR CONCLUSION OF A CONTRACT FOR MILITARY SERVICE

Introduction: this article examines the legislative regulation of exemption from criminal liability and punishment in relation to conscription or the conclusion of a contract for military service. This article analyses certain aspects of the application of the provisions of criminal and criminal procedure law regulating the aforementioned sphere of legal relations. Materials and Methods: in the course of this study, the fundamental scientific methods were employed with the objective of examining the extant legislation that regulates the grounds and procedure for exemption from criminal liability and punishment. However, the methods of statistical and systematic analysis of law enforcement practice in the field under consideration demonstrated the greatest efficacy. Results: the results of this study demonstrate that the primary provisions of the recently introduced criminal and criminal procedure legislation, which establish the grounds and procedure for exemption from criminal liability and punishment in connection with conscription, were duly considered. This study analyses certain aspects of the legislative process aimed at formulating appropriate changes in legislation. This study presents an assessment of the potential socio-legal implications of amending the criminal and criminal procedure legislation. Discussion and Conclusions: the findings of this research lead to the conclusion that there is a need to maintain a balance between the interests of societal security and those of the state in the formation of criminal policy in relation to persons accused or convicted of committing serious or especially serious crimes. It is further highlighted that the legitimate interests of victims of crimes must be taken into account when constructing norms on exemption from criminal liability.