THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4

  ISSUE CONTENTS:

 

1. Legal Regime of Special Military Operations: Operational and 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, Honorary Lawyer of Russia, opklex@mail.ru

Abstract. The article exenines the legal issues in special military operations, provides a Comparative legal analysis in the research with the implementation of the rules of the law of armed conflicts in the legislation of the United States and Russia.

Keywords: special military operations

 

2. Warfare in cities: legal aspects.

Batyr V.A., PhD in Law, Professor, Professor of the Department of International Law, Moscow State Law Institute named after O.E. Kutafina, opklex@mail.ru

Keywords: international humanitarian law; conducting military operations in the city; high-rise levels of urban space for the purposes of armed confrontation; means and methods of conducting armed struggle; encirclement and isolation, siege, blockade of the city; types of operations in the city; basic principles of military operations in the city; implementation of non-hostile contacts with the enemy; actual implementation of the regime of military occupation.

 

3. Extraterritoriality of military legislation: concept, principles, practical application in the Armed Forces of the Russian Federation.

Bogdanov S.L., Senior Researcher, VAGSh RF Armed Forces, opklex@mail.ru

Abstract: the article considers certain aspects, placement, in the perspective of practical application in the Armed Forces of the Russian Federation, in the context of foreign experience.

Keywords: Armed Forces, Russian Federation, SAR, United States, Ukraine, DLR, LLR, special operations Forces, international law, organizational problems, military operations other than war.

 

4. Ways to improve the effectiveness of International Legal Protection of Civilians and Civilian Objects in Contemporary Armed Conflicts.

Sibileva O.P., Master of Laws, course officer-teacher of the Military Institute (Naval Polytechnic) of the VUNC of the Navy "Naval Academy. Admiral of the Fleet of the Soviet Union N.G. Kuznetsov", opklex@mail.ru

Abstract. The article considers the problem of international legal protection of civilians and civilian objects in modern armed conflicts. Particular attention is paid to the consideration of ways to improve the effectiveness of international legal protection of this category of persons and objects.

Keywords: civilian population, civilian objects, modern armed conflicts, international legal protection, ways to improve protection

 

5. Information security of the state in the conditions of information wars and conflicts: analysis and trends.

Duben A.K., junior researcher of the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru

Annotation. The article is devoted to the problems of information warfare at the present stage and the peculiarities of information and communication actions in the conditions of a special military operation. The author concludes that in the age of modern information technologies, the problems of information security of the state are becoming key in the system of ensuring national security of the state. A comparative legal analysis of the normative legal acts of strategic planning of foreign countries has been carried out and a steady increase in the weight of information factors in all components of national security – economic, military, law enforcement, etc. - has been revealed. The main emphasis is placed on the legal regulation of countering information wars. The question is raised about the need to build an information technology system that protects information about the subjects of a military organization from leakage when using information technologies of foreign states.

Keywords: information war, confrontation, new challenges and threats, national security, information security, cognitive weapons, armed conflict, military operation, military threats.

 

6. Legal assessment and execution by the military of an order, the consequence of which is the infliction of harm to legally protected interests.

Glukhov E.A., Candidate of Law, Associate Professor, Colonel of Justice, opklex@mail.ru

Abstract. The article analyzes the relationship between the concept of unity of command and the obligation of an order, on the one hand, and the permissibility of causing harm to legally protected values (life, health, property) of their fellow citizens, on the other. The author identifies gaps in the legislation on the responsibility of the commander for the given order, for possible deaths and injuries of personnel committed during the execution of the given order.

Keywords: order, military operations, ineffective management, mandatory execution, responsibility of the head, the right to life of a serviceman, unity of command, complicity in a crime.

 

7. Legal regulation of the establishment of administrative responsibility for public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian Federation and its citizens, maintaining international peace and security.

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. The special military operation carried out in modern conditions on the territory of the DPR and the LPR has created a situation in foreign media and social networks when the legitimate actions of the Armed Forces of the Russian Federation, carried out in order to protect the interests of the Russian Federation and its citizens, maintain international peace and security, are discredited. This fact served as the basis for amendments to the criminal and administrative legislation providing for liability for discrediting and spreading deliberately false information about the activities of the Armed Forces of the Russian Federation. One of such innovations was the adoption of Article 20.3.3. of the Administrative Code, the analysis of which was carried out in this study. It is concluded that the composition of the administrative offense provided for in this article is formal and material; part two of the analyzed article has a greater degree of public danger compared to part one. Proceedings on cases of administrative offenses are carried out by internal affairs bodies (police); cases are considered by district courts.

Keywords: special military operation; Armed Forces of the Russian Federation; discrediting; administrative offense; composition of an administrative offense, proceedings on cases of administrative offenses; internal affairs bodies (police).

 

8. Military service in the Ministry of Emergency Situations of Russia: the essence, purpose and development prospects on the example of a special military operation of the Russian Federation.

Maksimenko D.I., employee of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Abstract. This article discusses some issues of organizing and conducting civil defense measures by the military personnel of the Russian Emergencies Ministry, as part of the implementation of defense measures and the tasks of the military security of the state. An analysis is made of the current state of the civil defense system of the Russian Federation and military service in the Russian Emergencies Ministry. Some proposals are given for improving the state system of civil defense, as well as the procedure for organizing and passing military service in the Russian Emergencies Ministry.

Keywords: Military security, defense, military conflict, special military operation, civil defense, EMERCOM of Russia.

 

9. On the need for «mobilization» of the Criminal Code of the Russian Federation.

Sharapov S.N., Professor of the Department of Criminal Law, Military University named after Prince Alexander Nevsky, Ministry of Defense of the Russian Federation, Candidate of Legal Sciences, Associate Professor, Colonel of Justice of the Reserve, opklex@mail.ru

Annotation. The article substantiates the need to criminalize crimes against military service committed during wartime or in a combat situation.

Key words: military-criminal legislation, crimes against military service, wartime, combat situation.

 

10. Scientific and Practical Commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation" dated March 4, 2022 No. 32-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 in the information space, identifies the positive and negative sides of changes in criminal legislation.

Keywords: criminal law, military law, criminal liability, information security, the Armed Forces of the Russian Federation, crimes against state power, crimes against the foundations of the constitutional system and state security, crimes against public security, crimes of extremist orientation.

 

11. The annual monitoring of the socio-economic and legal status of military personnel has acquired a new legal regulation.

Koryakin V.M., Doctor of Law, Professor, Head of the Department of Civil Law of the Russian University of Transport, Professor of the 25th Department of the Prince Alexander Nevsky Military University of the Ministry of Defense of Russia, opklex@mail.ru

Annotation. The article is a commentary to Federal Law No. 19-FZ of February 25, 2022 "On Amendments to Articles 3 and 29 of the Federal Law "On the Status of Military Personnel", which entered into force on March 8, 2022. The law is aimed at clarifying the procedure for conducting annual monitoring of the socio-economic and legal status of military personnel, citizens discharged from military service and their family members, and also defines the authorized federal state body responsible for organizing this monitoring.

Keywords: monitoring; socio-economic situation; military personnel, citizens discharged from military service; family members of military personnel; status of military personnel.

 

12. The development of French Military Law: Approaches and methods.

A.V. Kudashkin, Doctor of Law, Professor, opklex@mail.ru

N.N. Melnik, expert in the field of military law of the USA and European countries, PhD, USA, Honorary Lawyer of Russia, opklex@mail.ru

Abstract. The article deals with the development of French military law, a feature of which is the historical experience of systematization and codification of military legislation in the absence of publications on this topic in Russian scientific legal publications and works.

Keywords: military law, France, development, methods, approaches

 

13. Problem issues of realization of international responsibility of international organizations for the breaches of international humanitarian law.

Kholikov I.V., Chief Researcher of International Law Section, Professor of the Chair of International and European Law at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Law, Professor, opklex@mail.ru

Sazonova K.L., Doctorate at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Candidate of Legal Sciences, Candidate of Political Sciences, Associate Professor, opklex@mail.ru

Abstract. The article deals with issues related to the prospects of bringing international organizations to international responsibility for the violations of the norms of international humanitarian law. This issue is not covered enough in the doctrine, because usually violations of the norms of international humanitarian law are considered in relation to international crimes committed by individuals. However, some organizations, in particular the North Atlantic Alliance Organization, have an impressive list such violations. At the same time, the practical involvement of NATO in international responsibility is significantly difficult for the reasons discussed in this article.

Keywords: international humanitarian law, armed conflict, international responsibility, international organizations, UN, NATO operations, courts.

 

14. The legal regulation of management in mixed military formations requires improvement.

Glukhov E.A., Candidate of Law, Associate Professor, Military University of the Russian Ministry of Defense, opklex@mail.ru

Abstract. The article identifies gaps in the legal regulation of the functioning of military formations in the Armed Forces of the Russian Federation that do not have independent states. The transformation of the structure of military formations in connection with the improvement of weapons and the nature of modern wars is considered. 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 by the law of public relations that can lead to difficulties of a managerial nature and the realization of the rights of their personnel.

Keywords: military administration, unity of command, operational subordination, disciplinary authority, staff discipline, battalion tactical group, interspecific grouping of troops.

 

15. On the execution of contracts concluded to fulfill the state defense order, in accordance with the requirements of Federal Law No. 275-FZ of December 29, 2012 "On the State Defense Order" for the organization of their banking support.

Korablev I.V., lawyer of the Defense industry organization, opklex@mail.ru

Abstract. The standard conditions in Contracts concluded for the execution of the state defense order are considered, compliance with which will allow for unhindered payments from individual accounts.

Keywords: state defense order, contract, standard conditions

 

16. 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.