Legal Barriers to Criminal Damage by Persons Engaged in Military Service

Introduction. The article is devoted to the study of new norms of criminal and criminal procedure law, allowing to stop criminal prosecution against suspects (accused) involved in military service in the zone of a special military operation. Purpose. The purpose of the study is to propose a legal mechanism to ensure the victim's right to compensation for harm caused by a crime in criminal cases terminated in the manner prescribed by Art. 28.2 of the Code of Criminal Procedure of the Russian Federation. Methodology. The conclusions and recommendations contained in the work are formulated through the integrated application of comparative legal, formal legal, systemic structural and specific sociological methods. Results. The work outlines the features of the regulatory regulation of the termination of a criminal case against suspects (accused) involved in military service. Attention is focused on the possibility of using these short stories without compensation for harm caused to the victim in the course of the crime. The problems of applying a measure of procedural coercion in the form of seizure of property have been identified. Conclusion. The authors propose a “intersectoral” mechanism aimed at observing the rights of victims in the matter of compensation for harm to them, providing for the possibility of separation from a criminal case subject to termination on the basis of Art. 28.2 of the Code of Criminal Procedure of the Russian Federation, and the transfer by the preliminary investigation body to the court of materials testifying to the seizure of property in the framework of pre-trial proceedings.