THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11
ISSUE CONTENTS:
1. To the question of the concept «legislation of wartime».
Taradonov S. V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University, opklex@mail.ru
Norenko I.V., Sc. Law, docent, the docent of the Theory and History of State and Law Department of the Military University, opklex@mail.ru
Annotation. The article examines the concept, subject and forms - "legislation of wartime" Based on the conducted theoretical and legal analysis, "wartime legislation" as a set of normative legal acts adopted in peacetime (and subsequently during the war), which enter into force from the moment of the declaration of a state of war or the actual beginning of hostilities, regulating the activities of the military organization of the state in order to restructure it in a military manner and the organization of the armed defense of the country, including the implementation of international treaties.
Key words: wartime legislation, military legislation; legislation on armed conflicts; wartime law.
2. Legal regime of military space operations: inspection - condition analysis.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Melnik N.N., expert in the field of US military law and European countries, PhD, USA, Honorary Advocate of Russia, opklex@mail.ru
Annotation. The article examines the legal regime and types of military space operations in terms of the law of armed conflicts, legislation, doctrines and guidelines for these types of military (combat) operations.
3. Корякин В.М. Правовой режим частичной мобилизации в Российской Федерации.
Аннотация. Статья представляет собой научно-практический комментарий к Указу Президента Российской Федерации от 21 сентября 2022 г. № 647, в соответствии с которым в Российской Федерации объявлена частичная мобилизация. В качестве цели мобилизации Верховный главнокомандующий Вооруженными Силами Российской Федерации определил защиту нашей Родины, её суверенитета и территориальной целостности, обеспечения безопасности нашего народа и людей на освобожденных от украинских националистов территориях Украины, Донецкой и Луганской республик.
Ключевые слова: мобилизация; правовой режим мобилизации; специальная военная операция; призыв по мобилизации; отсрочка от призыва по мобилизации; мобилизационный людской резерв; военная служба по контракту.
The legal regime of partial mobilization in the Russian Federation
Koryakin V.M., Doctor of Law, Professor, Professor of the 25th Department of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense; Professor of the Theory of Law, Civil Law and Civil Procedure Department of the Russian University of Transport, opklex@mail.ru
Annotation. The article is a scientific and practical commentary on the Decree of the President of the Russian Federation No. 647 of September 21, 2022, according to which partial mobilization was announced in the Russian Federation. As the goal of mobilization, the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation defined the protection of our Motherland, its sovereignty and territorial integrity, ensuring the security of our people and people in the territories of Ukraine, Donetsk and Lugansk republics liberated from Ukrainian nationalists.
Keywords: mobilization; the legal regime of partial mobilization; special military operation; conscription; postponement of conscription; mobilization human reserve; military service under contract.
Библиографический список:
Алексеев, С.С. Общая тория права: в 2 т. Т. 2 / С.С. Алексеев. — М.: Юрид. лит., 1981. — 359 с.
Беляева, Г.С. Понятие правового режима в теории права: основные подходы / Г.С. Беляева // Вестник Саратовской государственной юридической академии. Дополнительный выпуск (85). — 2012. — С. 26—31.
Кудашкин, А.В. Право вооруженных конфликтов — ядро военного права: проблемы и актуальность современных исследований / А.В. Кудашкин // Право в Вооруженных Силах – военно-правовое обозрение. — 2021. — № 12. — С. 86—91.
Савенков, А. Н., Кудашкин, А. В. Военное право: постановка проблемы и пути решения // Государство и право. - 2021. - № 4. С. 7 – 34. – DOI 10.31857/S102694520014362-9. – EDN PYJJQL.
Военное право / А. В. Кудашкин, А. Н. Савенков, М. В. Конохов [и др.]. Том I. – Москва: Общество с ограниченной ответственностью "Центр правовых коммуникаций", 2021. – 560 с. – ISBN 978-5-6042565-1-0. – EDN MNGEJM.
Военное право / А. В. Кудашкин, В. К. Аулов, В. В. Бараненков [и др.]. Том II. – Москва: Центр правовых коммуникаций, 2021. – 888 с. – ISBN 978-5-042565-2-7. – EDN WODYTL.
Военное право / Е. А. Глухов, В. М. Корякин, А. В. Кудашкин [и др.]. Том III. Москва: Общество с ограниченной ответственностью "Центр правовых коммуникаций", 2022. – 712 с. – ISBN 978-5-6042565-3-4. – EDN SNMELJ.
Кудашкин А.В., Мельник Н.Н. Правовые основания проведения специальной военной операции // Право в Вооруженных Силах - Военно-правовое обозрение. 2022. № 7 (300). С. 22-32.
Военное право / Под редакцией А.В. Кудашкина ; Военный университет, Академии военных наук. – Москва : Региональное общественное движение "За права военнослужащих", 2004. – 639 с. – ISBN 5-93297-046-4. – EDN QVVGCX.
4. Hybrid Warfare as Multivectoral Threat to National Security of Russia in Crisis of World Legal Order System.
Kholikov I.V., Chief Researcher of International Law Section, Professor of the Chair of International and European Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of law, Professor, opklex@mail.ru
Abstract. The article deals with the phenomena of hybrid warfare which was waged by the collective West against the Russian Federation in the conditions of crisis of the world legal order. The reasons for conducting of hybrid war, its goals, strategy and tactics of application of hybrid assets against the opponent are considered in details. Special focus is given to usage of instruments of “soft law” in order to impose the western legal doctrine as the dominant one first among the allies and later worldwide. The necessity to further enhance strengthening of defence and security forces of Russia is stipulated in order to resist the aggression of the USA, discrete hybrid warfare, creation of world “chaos” as well as transnational organized crime.
Keywords: hybrid warfare, information confrontation, NATO, USA, threats, world legal order, international law, armed forces.
5. Legal basis for the participation of the national guard troops of the Russian Federation as a state military organization in territorial defense and counter-terrorism operations.
Grigonis V.P., Associate Professor of the Department of Theory and History of State and Law, Ph.D. in Law, Associate Professor of St. Petersburg State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru
Zubarev N.V., Adjunct of the 3rd year postgraduate course (full-time and part-time studies) of the Faculty of Highly Qualified Personnel Training and Additional Professional Education of the St. Petersburg Military Order of Zhukov, Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract: the article reveals some issues related to the regulatory framework for the use of troops of the national guard of the Russian Federation in the performance of tasks of territorial defense and in the fight against terrorism during the counter-terrorist operation. An analysis of the legal framework that governs the participation of the National Guard troops in the defense of the country was carried out, it was determined that the task of participating in territorial defense for the troops of the National Guard of the Russian Federation was directly defined, in addition, other tasks of the National Guard troops in their content directly associated with the implementation of the goal and the implementation of measures of territorial defense.
Keywords: state and public security; military organization; National Guard Troops; territorial defense; counter-terrorist operation; martial law; powers; limitations
6. Administrative and legal means of regulating military relations and law enforcement activities of the military leader.
Glukhov E.A., Candidate of Law, Associate Professor, Military University, opklex@mail.ru
Abstract: the author analyzes the specifics of the legal mechanism for regulating legal relations in the military environment. Methods of administrative and legal regulation of relations in military formations are filled with specific features: centralization, imperativeness, detailed regulation of military legal relations, focus on the use of special legal regimes and preparation for such functioning already in peacetime. The legal means of regulating the management activities of military leaders are analyzed, taking into account multitasking and a wide range of affected legal relations. It reveals the possibility of a military leader in the course of law enforcement to depart from the prescriptions of the orders of senior chiefs and by his orders on the ground to promptly establish rules of conduct.
Keywords: military administration, legal means of management, commander, management methods, discretion, fog of war, acts of military authorities, military law
7. Application of the norms on the liability of military personnel in the practice of military courts.
Kharitonov S.S., Colonel of Justice of the Reserve, candidate of legal sciences, professor, opklex@mail.ru
Mironov V.S., candidate of legal sciences, head of the educational department - Deputy Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, opklex@mail.ru
Annotation: The article analyzes the problematic issues of law enforcement practice on bringing military personnel and persons dismissed from military service to liability through examples from judicial practice. Contradictions in the current legal norms are shown.
Key words: military service, serviceman, liability of servicemen
8. Features of ensuring the labor rights of workers called up for military service on mobilization.
Zaikov D.E., Associate Professor, Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Associate Professor, Candidate of Law Sciences, opklex@mail.ru
Annotation. The article discusses the problems and specifics of the legal regulation of labor relations with the participation of workers called up for military service on mobilization.
Key words: conscription, partial mobilization, employment contract, suspension, employee, dismissal.
9. Non-conforming Events Prevention as a conceptual basis of military service security in the Armed Forces of the Russian Federation.
Tsutsiev S.A., Doctor of Medicine, Retired Medical service Colonel, senior research officer of FSBI “State Scientific Research and Test Institute of Military Medicine”, Ministry for Defence of Russian Federation, opklex@mail.ru
Abstract: There was made a tough choice to form a new warrior's trade culture in the Russian Armed Forces called the military service security in our country at the end of the last century. The guiding principle of the Security concept was non-conforming events prevention. However, successful implementation of this principle is currently very difficult without making changes to the Security Concept, which in fact, has become the aim of this study. To this end, laws and regulations that govern military service security requirements in the Russian Armed Forces, were studied and analyzed. It was found that the Security Concept’s successful implementation implied its updating by an essential extension of the list of hygienic tasks to be solved. Currently, it is very difficult for military authorities to identify (update) health and (or) safety hazards of military service with exclusively visual diagnostic methods on hand, which makes the prevention idea into a matter of form. Formal criteria for the military service security system performance assessment do not correspond to the prevention principle implying the assurance of predictive process control. Actually-used criteria, i.e., accidental servicemen’s death and dismemberment etc., indicate the completion of an inadequately proceeding process. It seems appropriate to update the branch regulations of the Russian Federation Ministry of Defense on issues of routine military duty and its security in compliance with Federal laws and regulations.
Key words: Armed Forces of the Russian Federation, serviceman, security, hygiene, adverse military service factors.
10. On some legal consequences of the announcement of partial mobilization in Russia.
Shenshin V.M., candidate of legal sciences, associate professor Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: On September 21, 2022, the President of the Russian Federation decided to partially mobilize some categories of citizens of the Russian Federation. This fact became the legal basis for the emergence of new legal relations, which were not settled before the specified date. This study analyzes the regulatory regulation of some issues affecting the interests of citizens called up for military service on mobilization. A range of problems that have not been solved to date is being raised.
Keywords: mobilization; conscription of citizens; social guarantees; pension provision.
11. Scientific and Practical Commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" dated July 14, 2022 No. 260-FZ.
Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», opklex@mail.ru
Annotation. The article comments on the latest changes in criminal legislation in the field of criminal law protection of the interests of the Russian Federation, the rights and freedoms of citizens from new forms of criminal activity and threats to state security, identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law, military law, criminal liability, the Armed Forces of the Russian Federation, crimes against state power, crimes against the foundations of the constitutional system and the security of the state, crimes in the field of computer information, crimes of extremist orientation.
12. Does a serviceman have the right to rent a living space?
Kirichenko N. S., specialist of the Contract and Legal Department Federal Service of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract: sometimes there are situations when a serviceman is faced with the question of whether he can rent out the residential premises belonging to him on the right of ownership, as well as any other immovable property. In this article, based on the analysis of legislation, the position of supervisory authorities and the opinions of scientists, we will try to consider this question and give an answer to it.
Keywords: military service, serviceman, restrictions and prohibitions, profit-making, corruption violations.
13. International Legal Mechanisms for the Protection of Cultural Property in the Russian Federation and the Baltic States (historical-legal aspect).
Kholikov I.V, Doctor of Legal Sciences, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Grinchenko A.N., Research Fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The process of the emergence and development of international legal mechanisms for the protection of cultural property in the Russian Federation and the Baltic countries, conducted in the situation of geopolitical changes and armed conflicts of the last century is considered. The special attention is paid to the interaction of international and domestic legal norms that regulate this issue. Different approaches to defining what is the cultural property in various countries are studied. The conclusions on the necessity of consolidation of state efforts to form the more efficient mechanisms of cultural property protection are stipulated which seem to be more and more relevant in modern conditions when the monuments to Soviet warriors who have defeated fascism are systematically destroyed in the Baltic states.
Keywords: cultural property, protection of cultural property, international legal protection mechanisms, peace treaty, UNESCO, international armed conflicts, geopolitical changes.
14. Луданина А.А., Щедрова Л.В. Уголовная ответственность за невыполнение государственного оборонного заказа
Аннотация. 24 сентября 2022 года Президент Российской Федерации Владимир Путин подписал Федеральный закон от 24.09.2022 г. № 365-ФЗ, согласно которому в Уголовный кодекс Российской Федерации вводятся новые составы преступлений в области отношений по исполнению государственного оборонного заказа.
Criminal liability for non-fulfillment of the state defense order
Ludanina A.A., opklex@mail.ru
Shchedrova L.V., opklex@mail.ru
Abstract. On September 24, 2022, the President of the Russian Federation Vladimir Putin signed Federal Law No. 365-FZ of September 24, 2022, according to which new elements of crimes in the field of relations on the execution of the state defense order are introduced into the Criminal Code of the Russian Federation.
15. The rights to the RID cannot be ownerless.
Zhamoidik K.M., Candidate of Legal Sciences, opklex@mail.ru
The article provides an overview of the Regulations on the procedure for the actions of a state or municipal customer when registering an exclusive right to the result of intellectual activity in the case established by subparagraph 2 of paragraph 4 of Article 1240.1 of the Civil Code of the Russian Federation, approved by the Decree of the Government of the Russian Federation dated September 14, 2022 No. 1606.
16. About the place and role of Rosgvardiya in the system of federal state control (supervision) over the activities of security units of legal entities with special statutory tasks and departmental security units.
Shenshin V.M., Candidate of Law Sciences, Associate Professor, Associate Professor Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: The presented study reveals the place and role of Rosgvardiya in the system of federal state control (supervision) over the activities of security units of legal entities with special statutory tasks and departmental security units. The article reveals the specifics of the performance of duties by persons with a special legal status involving the use of firearms and (or) special means, consisting in the need to undergo periodic checks to confirm their suitability for action in conditions associated with the use of special means and firearms. The author focuses on the need to improve legislation regulating issues of administrative responsibility for violation of mandatory requirements for security activities. Based on the analysis of regulatory legal acts, the procedure for the implementation by the Rosgvardiya of federal state control over the activities of security units of legal entities with special statutory tasks and departmental security units is revealed.
Keywords: federal state control (supervision); security units of legal entities with special statutory tasks; departmental security units; administrative responsibility.
17. About the requirements for the design of fire notification transmission systems.
Shenshin V.M., Candidate of Law Sciences, Associate Professor, Associate Professor Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Semenova U.S., Inspector of the Department of Regulatory and Technical Department of Supervisory Activities and Preventive Work Main Directorate of the Ministry of Emergency Situations of Russia for the Republic of Crimea, master student of the Institute of Life Safety of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: The presented study analyzes the draft order of the Ministry of Emergency Situations of Russia "On approval of requirements for the design of fire notification transmission systems". It is pointed out that according to statistics, thousands of false alarms of elements of automatic fire safety systems occur annually, occurring not only through human fault, but also as a result of poor-quality repair, maintenance and operation of such systems. It is concluded that the adoption of the draft Order will allow to increase the level of fire protection of objects by means of maximally prompt informing of fire departments about the fire that has arisen; the effectiveness of the functioning of fire notification transmission systems at protection facilities. These arguments will contribute to reducing human and material losses from fires.
Keywords: dispatcher's automated workplace, duty mode, communication channel, communication lines, local fire notification transmission system, fire station, object terminal device, remote terminal device, information reception point, regional fire notification transmission system, repeater, own communication channel of the fire notification transmission system, alarm signal.