Discussion on the definition of the form of guilt in formal crimes committed in the field of state defense orders

Abstract

The article examines the issues related to determining the possible form of guilt in the offenses with administrative prejudice provided for in Part 1 of Article 201², Article 201³, Part 1 of Article 285⁵, and Article 285⁶ of the Criminal Code of the Russian Federation. The materials of judicial practice under Parts 2, 3, 5, 6, and 7 of Article 7.30.3 of the Administrative Code of the Russian Federation are analyzed, on the basis of which the thesis is put forward about a possible violation of the terms of a state contract (agreement) under the State Defense Order, or an unlawful refusal or evasion of its conclusion with a negligent form of guilt. Based on the current developments in criminal law doctrine, the author proposes a less formalized approach to establishing the form of guilt for the acts specified in Part 1 of Article 201², Article 201³, Part 1 of Article 285⁵, and Article 285⁵ of the Criminal Code of the Russian Federation. The advantages of this approach are justified, including the promotion of correct qualification, more reasonable individualization of punishment, and the prevention of unnecessary criminal legal repression. The issue of the predominant form of guilt in relation to the acts provided for in Part 1 of Article 201², Article 201³, Part 1 of Article 285⁵, and Article 285⁶ of the Criminal Code of the Russian Federation is being discussed.