THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. The law of armed conflicts: is there a problem in the terminology and content of the concept?
Kudashkin A.V., Doctor of Law, Professor, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru
Abstract. The article provides a detailed analysis of the report by V.A. Batyr at the Second Scientific and Practical Conference "Military Law in the System of National Security, Implementation of State Policy in the Field of Military-Technical Cooperation", held on August 24, 2021 as part of the program of the scientific and technical forum "Army 2022".
Key words: international humanitarian law, law of armed conflicts, terminology, problems.
2. Activities of the armed forces of the Russian Federation in the context of new challenges and threats in the information space: to the question of the need to improve legal regulation.
Duben A.K., Junior Researcher of the Scientific and Organizational Department of the Institute of State and Law of the Russian Academy of Sciences, Russian Federation, Moscow, opklex@mail.ru
Abstract. The article is devoted to the problems of legal regulation of the activities of the Armed Forces of the Russian Federation in the information space, as well as ensuring their information security at the present stage of digital technology development and the search for legal mechanisms for their resolution. The author comes to the conclusion that it is necessary to form a body of legal norms aimed at countering threats to the Armed Forces in the information space, as well as to regulate the rules of warfare in the information space, both at the national and international levels within the framework of bilateral, regional and global agreements.
Keywords: information security, challenges and threats, legal regulation, information protection, military law, military security, law of armed conflicts.
3. External structure and legal status, military command and control bodies of the Armed Forces of the Russian Federation.
Glukhov E.A., candidate of legal sciences, associate professor, opklex@mail.ru
Abstract. The article analyzes normative legal acts concerning the structure and organization of military administration bodies on the example of the Armed Forces of the Russian Federation. The architecture and composition of the hierarchical system of military administration, their functions and subordination are revealed. The author focuses on the gaps in legislation in this area of legal relations and the prospects for its development.
Keywords: military administration bodies, Ministry of Defense, military formations, associations, formations, military units, legal status of military organizations.
4. Implementation of federal state control (supervision) over ensuring the safety of fuel and energy complex facilities: a new paradigm of Rosgvardiya's activities.
Nazarova I.S., Head of the Department of Constitutional and Administrative Law of the Faculty of the University, PhD in Law, Associate Professor, opklex@mail.ru
Abstract. The presented study examines legislative and regulatory legal acts regulating public relations arising in the sphere of federal state control (supervision) over the safety of fuel and energy complex facilities; reveals the specifics of the exercise by Rosgvardiya of powers to exercise federal state control (supervision) over the safety of fuel and energy complex facilities, the specifics of the exercise by Rosgvardiya of control and supervisory powers in this area. It is noted that compliance by the subjects of the fuel and energy complex with mandatory requirements contributes to minimizing the risks of illegal encroachments on the facilities they operate, increasing the level of ensuring their safety, engineering and technical fortification and, as a result, anti-terrorist protection of fuel and energy facilities.
Key words: national guard troops, official, control (supervision), ros guard, fuel and energy complex, control (supervision).
5. Significant dates in the Armed Forces of the Russian Federation: problems of legal regulation.
Zaikov D.E., Associate Professor of the Department of Civil Law, International Private Law and Civil Procedure, Law Institute of the Russian University of Transport, PhD in Law, opklex@mail.ru
Annotation. The article examines the institute of significant dates celebrated in the Armed Forces of the Russian Federation, its significance, classification and features of legal regulation
Key words: days of military glory of Russia, memorable dates of Russia, professional holidays, memorable days, military service.
6. Development of military law in Great Britain: approaches and methods.
Kudashkin A.V., Doctor of Law, Professor, Head of the Military Law Department 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, Honorary Lawyer of Russia, opklex@mail.ru
Annotation. The article examines the development of British military law at its inception and in its present state, as well as the consequences of Britain’s withdrawal from the European Union (Brexit) in relation to the defence and security of the State, its impact on the law, arms procurement, and the security of supply is equated with the retention of British defence industrial base
Keywords: military law of Great Britain
7. Practical aspects of qualification of crimes according to the materials of the practice of military courts.
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Vorobyov A.G., PhD in Law, opklex@mail.ru
Annotation. In the article, on practical examples, some issues of establishing by a military court an exact correspondence between the signs of a committed socially dangerous act recognized as criminal and the signs provided for in the norms of the criminal law are considered.
Keywords: qualification of crimes, military courts.
8. About accounting for the length of service in a special rank for the assignment of military rank (based on the materials of judicial practice).
Alexandrova N.G., Candidate of Law, Associate Professor of the Department of Personnel, Legal and Psychological Support of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, opklex@mail.ru
Kirichenko N. S., Lawyer, opklex@mail.ru
Abstract. Citizens dismissed from service in law enforcement agencies are privately called up for military service under a contract. Under certain legal conditions, a special rank that was available at the time of dismissal can be restored in military service. At the same time, the period of military service in such a rank before the assignment of the next military rank began to be calculated anew. However, judicial practice has recently been formed, according to which the period of stay in a special rank is taken into account when assigning a military rank, under certain conditions
Keywords: military service, law enforcement service, military rank, special rank, serviceman, employee, recertification, service life
9 Some issues of the participation of internal troops in the system of countering hybrid threats.
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. This article discusses some issues of the system of countering hybrid troops of the internal role of mission in the system of countering "hybrid wars".
Keywords: hybrid war, internal troops.
10. Problems of Russian defense industry enterprises: new approaches of the Government of the Russian Federation.
Melnik N.N., expert in the field of military law of the USA and European countries, Honorary Lawyer of Russia, opklex@mail.ru
Annotation. The article examines problems of companies of the Russian Military Industrial Complex, and the legal regulation of relations in the State defence contracting sphere. New approaches of the Government of the Russian Federations allow you to consider ways to solve them.
Key words: DIC; Gosoboronzakaz; Lawbase; price formation, cost-effectiveness, diversification.
11. Accounting and control of the results of intellectual activity has been strengthened.
Zhamoidik K.M., Candidate of Law, Head of the Intellectual Property Management Department of the United Engine Corporation Joint Stock Company, opklex@mail.ru
Abstract. The article provides an overview of changes in legislation in the field of intellectual property, which will come into force in January 2022.
Keywords: results of intellectual activity, accounting, control.
12. Implementation of the principle of publicity in criminal proceedings when filing a civil claim.
Gromilov V.I., chief specialist of the judicial work Department United engine Corporation JSC, senior lecturer, State academic University of Humanities, opklex@mail.ru
Annotation. In the article, the author analyzes the signs of the principle of publicity when presenting a civil claim in criminal proceedings. In the course of the analysis, the author compares imperative and dispositive norms of criminal procedure legislation regulating relations related to the presentation of a civil claim in criminal proceedings. In order to resolve the contradictions of these norms, the author proposes to expand the concept of an administrative claim and introduce it into the criminal process.
Keywords: the principle of publicity, dispositivity, civil action, administrative action, prosecutor, bodies of inquiry, bodies of investigation, civil plaintiff, civil defendant, victim.
13. Design of means of ensuring fire safety of operated buildings and structures: rules of certification of citizens.
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, opklex@mail.ru
Abstract. For the period from March 1, 2022 to March 1, 2028, Decree of the Government of the Russian Federation No. 2106 dated November 30, 2021 "On the procedure for Certifying Individuals for the right to Design fire safety equipment for buildings and structures that are put into operation" establishes the rules for certifying citizens for the right to design fire safety equipment for buildings and structures that are put into operation. It is indicated that the certification is carried out by the Ministry of Emergency Situations of Russia and its territorial bodies free of charge. Attention is focused on the need for education in the specialty "Fire safety" or other higher or secondary education, subject to retraining. The qualification exam is conducted in an automated mode in the form of testing using video recording tools without creating a special attestation commission, while it is necessary to answer more than 90% of the questions correctly. The applicant is considered certified from the moment of making an entry in the register of certified persons, which is entered in automated mode within 1 working day from the date of the exam.
Keywords: fire safety; operation of buildings and structures; certification of citizens; EMERCOM of Russia.
14. Banking and treasury support: comparative analysis.
Korablev I.V., lawyer of the Defense industry organization, opklex@mail.ru
Abstract. The article presents a comparative analysis of the banking and treasury support of the state defense order according to the main criteria and transactions from personal and individual accounts.
Keywords: military-industrial complex; treasury support.