THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
ISSUE CONTENTS:
1. "Challenges to modern military law taking into account the ongoing changes in international relations"
Bezbabnov O.G., Director of the Legal Department of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract: The publication presents a report at the III Scientific and practical conference "Military law in the system of ensuring national security. International legal aspects of military and military-technical cooperation of the Russian Federation with foreign states" on 16.08.2022, held within the framework of the International Scientific and Technical Forum "Army - 2022".
Keywords: international security, military law, law of armed conflicts, international humanitarian law.
2. The law of armed conflicts and its place in the Russian legal system.
Kudashkin A.V., Doctor of Law, Professor, Head of the Military Law Department of the Academy of Military Sciences, opklex@mail.ru
Abstract: The publication contains a report at the III Scientific and practical conference "Military Law in the national security system. International legal aspects of military and military-technical cooperation of the Russian Federation with foreign states" on 16.08.2022, held within the framework of the International Scientific and Technical Forum "Army - 2022".
Keywords: military law, law of armed conflicts, international humanitarian law, US military law, German military law, British military law, French military law.
3. Integrative features of the modern system of international humanitarian law.
Batyr V.A., PhD in Law, Professor, Professor of the Department of International Law of the Moscow State Law University named after O.E. Kutafin (MSUA), opklex@mail.ru
Abstract: Based on the legal positions set out in the scientific literature, the article defines the normative complex "international humanitarian law" as a set of conventional and customary principles and norms governing relations between the parties to the armed conflict and the subjects of international law affected by it regarding the use of means and methods of conducting armed struggle, protection of objects and victims of war (wounded, sick, prisoners of war and civilians), as well as establishing the responsibility of States and individuals for violating these norms; The criteria for the allocation of a branch of modern international law are established; the right to use armed violence (Hague law or the right to conduct military operations) and the right to protect victims of armed conflicts (Geneva Law or the right to treat persons who find themselves in the power of rejection) are attributed to the sub-branches of international humanitarian law; 21 sectoral institute related to Hague law and 8 branch institutes related to Geneva law.
Keywords: international humanitarian law, criteria for distinguishing branches of modern international law, branch of international law, sub-branch, international law institute, sectoral principles, contractual and customary norms
4. Certain issues of the legal status of servicemen of the Armed Forces of the Russian Federation in the framework of military operations.
Bogdanov S.L., Senior Researcher at the military institute (national defense administration), Military Academy of General Staff of the Armed Forces of Russian Federation, opklex@mail.ru
Abstract: the article discusses some issues of the legal status of servicemen of the Armed Forces of the Russian Federation in the framework of military operations on the example of military formations that do not have independent personnel structure. The author, without going into the questions of military science about the expediency and effectiveness of the activities of such mixed military formations, illustrates those unsettled public relations that may entail difficulties of a managerial nature and the realization of the rights of their personnel.
Keywords: unity of command, operational subordination, disciplinary authority, staff discipline, battalion tactical group, interspecific grouping of troops.
5. Preventive internment in conditions of special state conditions: history and modernity.
Zharkoy M.E., candidate of legal sciences, associate professor Associate Professor of the Department of 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
Avdeev Yu.A., candidate of legal sciences, 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
Gleiberman N.S., candidate of legal sciences, 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: Based on the analysis of the experience of the period of the Second World War, an attempt is made to substantiate the need to apply such measures to ensure the legal regime of martial law as preventive isolation of certain categories of persons who are potentially dangerous to the security of a state party to an armed conflict. Attention is drawn to the international legal grounds for this measure and the priority of national legislation in the legal regulation of internment. In conclusion, novelties to domestic legislation are proposed, which, according to the authors, will contribute to the legitimacy and effectiveness of internment measures
Keywords: extraordinary legal regimes, emergency legislation, internment, isolation, State security, sovereignty, crime prevention, pre-war period, armed conflict, international law, current legislation
6. Some issues of ensuring information security in the troops of the National Guard of the Russian Federation in the performance of service and combat missions during the "special military operation for the demilitarization and denazification of Ukraine".
Zubarev N.V., Adjunct of the St. Petersburg Military Order of Zhukov, Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract: the article discusses some issues of state policy in the field of ensuring the security of the critical information infrastructure of Russia, a number of measures are proposed that must be carried out in the troops of the National Guard of the Russian Federation, primarily in order to ensure a high degree of information protection with the participation of the troops of the National Guard of the Russian Federation in "special military operation in Ukraine", it is proposed to include: the creation of structural units in associations, formations, military units and organizations for the protection of information; assigning personal responsibility to the heads of organizations for information security; pay special attention to professional training and advanced training of specialists in the field of information security; develop uniform requirements governing the safety of communications and other electronic equipment; provide public authorities with cryptographic materials and related documentation; assist in the acquisition, installation and determination of the procedure for using information and communication security systems; collect data on the current state of affairs in preventing information leakage and closing communication channels in government structures; to assist the domestic industry in the development of communication systems with a high degree of security.
Key words: special military operation, technologies, information resources, information security, personality, society, state, National Guard troops.
7. A special military operation is a modern example of legal institutionalization.
Kudashkin A.V., Doctor of Law, Professor, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru
Abstract: Military law is a complex, multi-level legal entity that has a systemic nature, combining the military legal norms in force in the state and the sub-branches of military law and legal institutions based on them. The article examines the legal institutionalization of a special military operation, the concept, content, formation, structure and place in the system of military law of Russia.
Keywords: military law, law of armed conflicts, special military operation, legal system
8. Legal support of the regime of military captivity in the conditions of a special military operation on denazification and demilitarization of Ukraine.
Samodurov D.I., Colonel of the Reserve of Justice Academic degree, Candidate of Law, Associate Professor of the Department of Constitutional (State) and International Law, Federal State State Military Educational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract: the article considers a generalized characteristic of the organizational and legal foundations of the implementation of the provisions of the Geneva Convention III of August 12, 1949 "On the treatment of prisoners of war" caused by the need to eliminate gaps in the regulatory regulation of the legal regime of military captivity, which manifested themselves during the special operation on denazification and demilitarization of Ukraine. The purpose is to consider the mechanisms of implementation of the norms of international humanitarian law in the activities of military police and other units participating in a special military operation, as well as to determine possible organizational and legal conditions for the most accurate observance of them in the treatment of prisoners of war.
Keywords: international humanitarian law, captivity, military police, special military operation, legal regime of captivity
9. Legal status of Volunteers participating in a Special Military Operation in Ukraine.
Sibileva O.P., Master of Law, Course officer-teacher of the Military Institute (Naval Polytechnic) VUNC Navy ‘Naval Academy named after Admiral of the Fleet of the Soviet Union N.G. Kuznetsov’, opklex@mail.ru
Abstract. The article considers the problem of the international legal status and the legality of participation in the hostilities of volunteers. A legal assessment of the differences between volunteers and mercenaries during a special military operation is given.
Keywords: international legal status, volunteers, special military operation, legality of participation, hostilities
10. Prohibited means of war in international humanitarian law.
Sinyaeva N.A., Ph.D., Head of the Department of Constitutional (State) and International Law, Federal State Public Military Educational Institution of Higher Education «Prince Alexander Nevsky Military University» of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract: The article deals with the conceptual framework used in international humanitarian law and national legislation. It requires clarification and normative consolidation of some definitions to ensure a uniform understanding and further practical application. As the author sees, the new weapons and technologies clarifications, which are used or developing, are the most pressing items for today. The author notes that development and application of autonomous weapon systems, nanotechnologies, quantum technologies undoubtedly raise serious social, legal and ethical concerns. The article focuses on the ‘weapons' term as well as on the ‘war' phenomenon which does not have a legitimate and particular meaning in the national legislation.
Besides, the author points out the illegal use and transfer the weapons which haven't passed the expert evaluation, according to requirements of the international documents.
Keywords: Means of war, war, military operations, authorized weapons, autonomous systems, national security, international humanitarian law.
11. Returning to the printed: again, to the problem of international law implementation in the field of military capture in Russian legislation.
Kiritsa O. S., Deputy legislative Assembly of the Nizhny Novgorod Region, opklex@mail.ru
Kholikov I.V., Doctor of Law, Professor, Chief Researcher of the Department of International Law, Professor of the Department of International and European Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The purpose of this study is to identify and comprehensively understand the main trends in the implementation of the norms of international law governing the regime of military captivity in Russian legislation. The disclosure of the content and functional characteristics of integrative processes in the field of penetration and adaptation of international law norms into national legislation continues to be a topical issue, especially in the current conditions of the transformation of the global world order. Also, at present, the implementation of the norms of international law relating to military captivity is the subject of research for scientists and practitioners, due to their significance for the international community and national legislation. The article deals with the implementation of the norms and principles of international law on the regime of military captivity in the Russian legal system. Some approaches to the study of the problems of implementation of the norms and principles of international law in the field of military captivity in Russian legislation are studied. Effective mechanisms for the implementation and application of the norms of international law in the field of military captivity, which are implemented in the Russian legal system, are revealed.
Keywords: international law, national legislation, implementation, regime of military captivity, Russian legal system, incorporation, military cooperation.
12. On the legal regulation of the use of computer programs in the field of command and control of troops and weapons.
Glukhov E.A., Candidate of Law, Associate Professor, opklex@mail.ru
Abstract: Despite the widespread introduction of automation and artificial intelligence in the military sphere, the legal formalization of this process is currently practically not developed. Based on the existing and promising areas of artificial intelligence application for military purposes, the article identifies gaps in legal regulation, analyzes international and Russian legal sources, and makes proposals for the development and discussion of regulatory legal acts concerning the use of artificial intelligence
Keywords: artificial intelligence, military robot, automatic weapons, military management, decision-making, means of warfare, military law
13. The legal regime of special and anti-terrorist military operations: Comparative legal analysis.
Kudashkin A.V., Doctor of Law, Professor, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru
Melnik N.N., expert in the field of military law of the USA and European countries, PhD, USA, opklex@mail.ru
The article considers definitions and correlations of special and counter-terrorist military operations, provides a comparative-legal analysis in aspects of the law of armed conflicts.
Keywords: military law, special military operation, counter-terrorism operation, legal regime, comparative legal analysis
14. Powers of the Ministry of Emergency Situations in the conditions of special military operation: legal aspects.
Maksimenko D.I., employee of the Ministry of Emergency Situations of Russia, opklex@mail.ru
Abstract: The article examines the individual powers vested in the Russian EMERCOM in order to implement the functions in the field of ensuring state security and directly in the area of EEE. The analysis of the current legislation of the Russian Federation, and also the actual tasks arising at carrying out of USO, shows that at the modern stage, the Ministry of Emergency Situations of Russia is an integral element of the state mechanism in questions of maintenance of safety of a society and the state from threats of military character. Nevertheless, there are a number of issues requiring further organizational and legal regulation in the field of ensuring the safety of the population, which emphasizes the need for further development of the Ministry of Emergency Situations of Russia.
Keywords: EMERCOM of Russia, security, civil defense, special military operation.
15. The use of military police of the Armed Forces of the Russian Federation in the special military operation.
Mintyagov S.A., Head of the Training Unit - Deputy Head of the Military Training Center at the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), major of Justice, opklex@mail.ru
Abstract: The article discusses the legal aspects of the use of military police units in the special military operation. The tasks of the military police assigned to it in a special period as a whole, which need legal consolidation, are defined. In addition, the tasks and functions of the military police in the special military operation are detailed, as well as a detailed analysis of several of them is fulfilled. Proposals have been developed to improve legislation in this area, and to encrease the efficiency of military police units.
Keywords: military police; wartime; special military operation; martial law; law enforcement functions; combined arms functions.
16. Rosgvardiya’s does not have enough powers to ensure state and public security.
Shenshin V.M., candidate of legal sciences, associate professor, Associate Professor of the Department of Theory and History of State and Law of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia named after the Hero of the Russian Federation E.N. Zinicheva, opklex@mail.ru
Abstract: The article focuses on the insufficiency of the powers of the Rosgvardiya to carry out proceedings on cases of administrative offenses in the course of ensuring state and public security. An additional set of measures has been developed that can be used as a basis for the formation of new powers of officials of the specified authority when they carry out proceedings on cases of administrative offenses. Proposals have been made to improve the administrative legislation regulating the proceedings in cases of administrative offenses. A gap has been identified in the legal regulation on the provision of state and public security by the National Guard troops, which consists in the fact that the federal executive body under consideration does not carry out any form of preliminary investigation, which negatively affects the strategic planning of the activities of the Rosgvardiya in the field of crime prevention. A proposal is made on the need to train relevant specialists in higher education institutions of the Federal Service of the National Guard Troops of the Russian Federation.
Key words: administrative and jurisdictional activities; state security; public security; Rosgvardiya; proceedings on administrative offenses; preliminary investigation; educational organizations.
17. War crimes in Ukraine: problems of qualification.
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 deals with problematic issues of qualification and investigation of war crimes in connection with the conduct of a special military operation in the territories of Ukraine, the Donetsk People's Republic and the Luhansk People's Republic, and suggests ways to solve them.
Key words: criminal law, military criminal law, military law, military criminal law, criminal liability, military personnel, crimes against the peace and security of mankind, war crimes.
18. On the issue of criminal liability for organizing an illegal armed group.
Fartukov D.N., Candidate of Sociological Sciences, Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard Troops of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru
Chukin D.S., Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard Troops of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru
Summary: The article examines the technical and legal features of the corpus delicti provided for in Article 208 of the Criminal Code of the Russian Federation. The analysis of the evolution of criminal law norms for the creation of illegal armed formations allows us to state that they arose as a consequence of countering encroachments on state institutions, primarily terrorist manifestations. Meanwhile, the absence in art. 208 of the Criminal Code of the Russian Federation does not allow the specific purpose of its commission to classify this crime as extremist or terrorist, despite the fact that this is explicitly stated in the explanations of the Plenum of the Supreme Court of the Russian Federation. Thus, formally, the creation of an illegal armed formation without a terrorist (extremist) goal does not form the degree of public danger that finds expression in the sanction of Article 208 of the Criminal Code of the Russian Federation, which requires balancing the degree of eventual harm of this act and punishment for its commission.
Keywords: illegal armed formation, criminal liability, terrorism, extremism, the purpose of committing a crime, public danger, punishment.
19. International legal aspects of the use of autonomous weapons systems.
Butrim I.I., Leading Researcher, Head of the Interdisciplinary Center for Legal Research in the field of defense and the military- industrial complex Institute of State and Law of the Russian Academy of Sciences, Candidate of Law, Professor of the Academy of Military Sciences, opklex@mail.ru
Abstract: The article deals with topical issues of international legal regulation of the development and use of autonomous weapons systems at the present stage, provides a comparative legal analysis of the legal approaches of international institutions, the Russian Federation and a number of foreign states to form a reliable and effective mechanism for international regulation of the use of such systems.
Keywords: law of armed conflicts, autonomous weapons systems, military law.
20. Legal basis for the use of forces and means of the CSTO collective security system.
Kabirov V. Z., Assistant Chief of the CSTO Joint Staff for Legal Work – Head of the Legal Service, opklex@mail.ru
Annotation. The article prepared within the framework of the International Military-Technical Forum "Army–2022", gives a general description of the existing regulatory legal framework governing the creation and functioning of the collective security system of the CSTO, the composition of the forces and means of the collective security system of the Organization, the order of their formation. The features of the legal regulation of the use of forces and means of the collective security system of the CSTO, as well as their management, are considered.
Keywords: collective security system, forces and means of the CSTO collective security system, use of forces and means of the collective security system, response to crisis situations.
21. Issues of social guarantees for servicemen participating in a special military operation in Ukraine.
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: in connection with the conduct of a special military operation, the issue of social security of servicemen participating in it has become even more urgent. But no less important and relevant issue, which is considered in this article, is to increase the level of social protection of family members of servicemen who died during participation in a special military operation in the territories of Ukraine, the Donetsk People's Republic and the Luhansk People's Republic, as well as when performing some other service and combat tasks.
Keywords: serviceman, military service, social guarantees, social guarantees of military personnel, family members of a serviceman, housing provision of military personnel, special military operation.
22. Actual problems and research directions of legal support of military-technical cooperation.
Kudashkin V.V., State Secretary of Rosoboronexport JSC, Doctor of Law, Honored Lawyer of the Russian Federation, full member of the Academy of Military Sciences of the Russian Federation, opklex@mail.ru
Abstract: The article considers the question of the role of the institute of military-technical cooperation in the system of military law of Russia.
Keywords: military-technical cooperation, military law, sanctions.
23. Politicization process of activities of international judicial and investigative authorities examining cases with respect to the Russian Federation.
Litvishko P.A., PhD in Law, Deputy Head of the Chief Department of International Legal Cooperation of the Prosecutor General’s Office of the Russian Federation – Head of the Department of Legal and Law Enforcement Assistance, opklex@mail.ru
Abstract. The article prepared within the framework of the International Military-Technical Forum “Army-2022”, takes stock of the new challenges and threats of a legal character directed at the Russian Federation, its servicemen and other persons in connection with the special military operation emanating from international and foreign judicial, investigative and quasi-investigative bodies, missions and initiatives. It points to the evidence of those structures being instrumentalized against the Russian State and its nationals and suggests ways of overcoming this.
Keywords: international justice, special military operation, legal aggression, quasi-investigation structures.