THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5


  ISSUE CONTENTS:
 
1. Some conceptual problems of international humanitarian law and Modern Law of Armed Conflicts. 
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 considers some problems of legal regulation of countering new types of challenges and threats to the security of the state and society in the context of modern armed conflicts from the standpoint of the law of armed conflicts.
Keywords: international humanitarian law, law of armed conflicts, problems
 
2. Decent Treatment of Bodies of the Deceased during the Armed Conflicts in View of the Requirements of International Humanitarian Law.
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
Zanevskaya N.A., faculty of the Department of Military Law of Military University, opklex@mail.ru
Abstract. The article discusses the procedure for handling the bodies of deceased servicemen who were registered for the enemy country. The analysis of the provisions of the Geneva Conventions of 1949, which establish the obligation of States to search for the bodies of the dead, to protect them from unworthy treatment and robbery, to inspect the body and establish the death of a person, to conduct a burial ceremony both in relation to military personnel and the local population, is carried out. It is concluded that the undignified treatment of bodies in conditions of armed conflict is a war crime.
Keywords: decent treatment of bodies, burial, burial, serious violations, military crimes.
 
3. On some differences between combatants and mercenaries.
Azovtsev A.A., Lecturer at the Military University, opklex@mail.ru
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. At present, the relevance of compliance with the norms of international humanitarian law governing the observance of the «rules of war» is still maintained. The article provides a brief military legal analysis of the differences between such categories of armed conflict as combatants and mercenaries.
Keywords: combatant, nasmnik, demilitarization, special operation, legal status, military service
 
4. Theoretical and legal aspects of ensuring the security of the Russian population from the challenges and threats of modernity.
Grishchenko L.L., Doctor of Law, Candidate of Military Sciences, Professor, Professor of the Department of Management of Internal Affairs Bodies in special conditions of the Center for command and Staff Exercises, Academy of Management of the Ministry of Internal Affairs of Russia, opklex@mail.ru
Shchukin V.M., Candidate of Law, Associate Professor, Deputy Head of the Department of Management of Internal Affairs Bodies in Special Conditions of the Center for Command and Staff Exercises, Academy of Management of the Ministry of Internal Affairs of Russia, opklex@mail.ru
Annotation. The article deals with issues related to the analysis of the role and place of the system of ensuring the national security of the population from the challenges and threats of modernity. The authors, relying on the system of ensuring the safety of the population that has developed in our country, analyze the effectiveness of its work and show by examples its imperfection in solving problematic issues with modern and promising threats to man, society and the state. A brief historical digression on civil defense issues made in the work also does not give grounds for a positive resolution of problematic issues in protecting the population from modern and promising threats. The authors offer their vision of the concept of "protection of the population" and its use in theory and practice when covering security issues. The conclusions prepared in the article provide the basis for further research of problematic issues of ensuring human security in the modern world.
Keywords: civil defense, security, protection, population, threat, natural, man-made, military.
 
5. Legal aspects of conducting an internal audit in the National Guard Russian Federation.
Roganov S.A., Professor of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops Doctor of Law, Professor, opklex@mail.ru
Abstract. The article deals with certain issues related to the procedure for conducting service checks in the National Guard troops. Special attention is paid to the improvement of legal norms in the analyzed field of activity of the National Guard troops.
Keywords: discipline, law, employee of the national guard troops, national guard troops, service check, disciplinary offense, explanation, defender
 
6. Official secret in the field of defense.
Zaikov D.E., Associate Professor of the Department "Civil Law, Private International Law and Civil Procedure" of the Law Institute of the Russian University of Transport, PhD in Law, opklex@mail.ru
Annotation. The article analyzes the legal regulation of the institute of official secrets in the field of defense and the problems of its enforcement
Key words: official secrets, defense, confidential information, information.
 
7. 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.
 
8. Establishment by the state authorities of the subjects of the Russian Federation, local self-government bodies of additional social guarantees and compensations for military personnel, citizens of the Russian Federation dismissed from military service, and members of their families.
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg State Fire Service EMERCOM of Russia; Associate Professor of the Department of Criminal Law St. Petersburg University of the Ministry of Internal Affairs of Russia PhD in Law, Associate Professor Member of the National Association of Administrators, opklex@mail.ru
Shenshina L.A., Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, candidate of pedagogical sciences, opklex@mail.ru
Abstract. It is concluded that the tax deduction for land tax is applicable to citizens discharged from military service upon reaching the age limit for military service; it is indicated that the non-explicit procedure for granting benefits for property taxes is used by combat veterans; attention is drawn to the fact that regional legislation, along with federal legislation, provides legal regulation for the establishment of additional guarantees to members of military families in housing and other areas.
Keywords: tax deduction; citizens discharged from military service; combat veterans.
 
9. On the rights of the spouse (wife) of a serviceman to housing acquired within the framework of the accumulative-mortgage system of housing provision for servicemen.
Shmareva T.A., PhD in Law Associate Professor of the Department of Civil Law FSBEI HE "Udmurt State University", opklex@mail.ru
Abstract. The problematic issues of the application of legislation regulating issues related to the accumulative mortgage system of housing provision for military personnel are considered.
Keywords: accumulative mortgage system of housing provision for military personnel; Supreme Court, legal regulation.
 
10. Specific working conditions for civilians employed by the Russian Armed Forces in a format of the working conditions’ hygienic classification.
Tsutsiev S.A., Doctor of Medicine, Retired Medical service Colonel, senior research officer, opklex@mail.ru
Abstract. The article is concerned with the “specific working conditions” status review for civilians employed by the Russian Armed Forces in the format of the current working conditions’ hygienic classification. It has been established that: as it stands today, the term “specific working conditions” was not viable and fell short of fully conforming to the modern views on hygienic rating. Procedure of the “specific working conditions” status’ identification has no proper scientific rationale: in particular, there are still no exact fitting criteria; reliable and objective methods for their identification have not been developed, etc. This allows defining the term “specific working conditions” in a very broad context and creates a precedent for an unfair working conditions’ rating as “specific” relating to particular working positions. 
Key words: civilians, Russian Armed Forces, official duties, specific working conditions, hygienic classification, social guarantees, fitting criteria, dangers, occupational safety hazards, military service health and safety hazards, special workplace assessment.
 
11. Military criminal law in the system of law: objectification of divergence.
Sharapov S.N., Professor of the Department of Criminal Law Military University named after Prince Alexander Nevsky Ministry of Defense of the Russian Federation, opklex@mail.ru
Candidate of Legal Sciences, Associate Professor, Colonel of Justice of the Reserve
Аnnotation. The article analyzes various approaches to the problem of the institutionalization of military criminal law in the legal system; the circumstances are determined that make it possible to objectify military-criminal law as a relatively independent structural entity in the branches of criminal and military law.
Key words: military-criminal law, military-criminal legislation, criminal law, military law, system of law, branch of law, sub-branch of law, divergence.
 
12. Types of bodies of inquiry in modern criminal proceedings.
Kachalov V.I., doctor of law, Professor, opklex@mail.ru 
Abstract. The article discusses the types of bodies of inquiry in Russian criminal proceedings. At the same time, the division of all bodies of inquiry into the appropriate type becomes possible due to the involvement of one or another executive authority in criminal procedural activities and the presence in this body of the relevant officials of the body of inquiry as participants in criminal proceedings (the head of the body of inquiry, the head of the inquiry unit, the investigator), who implement the appropriate type of criminal procedural activity. The heads of the military police of the Armed Forces of the Russian Federation, commanders of military units, heads of military institutions and garrisons are particularly considered as bodies of inquiry in the Armed Forces of the Russian Federation.
Keywords: bodies of inquiry, criminal procedural activity, internal affairs bodies, operational search units, enforcement bodies, heads of military police bodies of the Armed Forces of the Russian Federation, commanders of military units, heads of military institutions and garrisons, bodies of the federal security service.
 
13. Actual problems of the implementation of the norms of international criminal law in national criminal legislation The Russian Federation in modern conditions.
Zharkoy M. E., Senior lecturer of the Department of International Legal Disciplines of the St. Petersburg Branch of the Russian Customs Academy named after V.B. Bobkov, Candidate of Historical Sciences, Associate Professor, opklex@mail.ru
Abstract. The paper discusses some problems of the implementation of the norms of international criminal law in the national criminal legislation of the Russian Federation. The directions and methods of implementation are characterized. The dualism of the approach to the correlation of international national law is noted. In conclusion, the paradigm of a new format for the implementation of international law is outlined, depending on their relationship with the public interests of Russia
Keywords: international criminal law, implementation, incorporation, imbalance of law, priority of international law, national interests, legal sovereignty
 
14. The Law on Registration of Foreign Agents in the legal system of National Security of the United States.
Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru
Abstract. The article examines the foreign experience of legal regulation of the activities of citizens and organizations recognized as foreign agents, the importance of such regulation in the system of legal support of the national security of the United States.
Keywords: Legal support of national security, foreign agents, information warfare, legislation on foreign agents as a factor of ensuring national security.
 
15. Modern conflicts in the application of the norms of international custom, international legal regulation of the waters of historical bays aimed at preventing dangerous military activities of the State and the prevention of armed conflicts at sea.
Petrov O.Y., Candidate of Legal Sciences, opklex@mail.ru
Abstract. The article examines the international legal regulation of the waters of historical bays, analyzes modern conflicts in the application of the norms of international custom in the international legal regulation of military navigation aimed at preventing dangerous naval activities of states, preventing armed conflicts at sea involving warships.
The analysis is carried out and the conclusion is substantiated that the modern international aspects of the regulation of military navigation, its increasing importance and intensity, the use of fleet forces in modern armed conflicts, require the crews of warships to strictly comply with the norms of international maritime law, national legislation aimed at preventing maritime accidents and incidents, the exclusion of deliberate provocations of armed conflicts.
Keywords: UN Charter, International Court of Justice, international maritime law, international conventions, international custom, customs, collisions, national law, aggression, state border, territorial sea, inland waters, historical bays, violator, warship, responsibility in international maritime law, maritime accident, incident, armed conflict on the sea, the use of weapons, the protection of the state border.
 
16. On some issues of preventing a conflict of interests of pedagogical workers of educational organizations of the troops of the National Guard of the Russian Federation.
Deryugin A.A., PhD in Law (Candidate of Juridical sciences), Chief of the Department of Theory and History of the State and Law, opklex@mail.ru
Nikonov D.A., PhD in Law (Candidate of Juridical sciences), Associate Professor of the Department of Theory and History of the State and Law, opklex@mail.ru
Abstract. The sphere of education in Russia is both socially significant, conflictual, and corrupt. The article briefly discusses some problems of law enforcement of the concept of “conflict of interests of a pedagogical worker”, including in educational organizations of the National Guard Troops of the Russian Federation. The authors also made suggestions on measures to improve the legal mechanism for preventing and resolving conflicts of interest of a teacher.
Key words: personal interest, conflict of interest of the pedagogical staff, duties of a teacher, anti-corruption standards, counteracting corruption.
 
17. Some issues of ensuring access for citizens of the Russian Federation and foreign citizens to information constituting a state secret in the process of studying under the postgraduate program or without studying under such a program.
Shnyakina, Т. S., candidate of law, assistant professor of the 25 Department, Military University, Moscow, opklex@mail.ru
Korobkov V. S., senior lecturer of 49th Department, Military University, Moscow, opklex@mail.ru
Abstract. The article draws attention to a gap in the legal regulation of the access of citizens of the Russian Federation and foreign citizens to information constituting a state secret in the process of studying under the postgraduate program or without studying under such a program. The authors noted the potential threat of offenses because of applying, by analogy, to persons preparing dissertations, while providing access to information constituting a state secret, the status established for persons when they are seconded to other military units (organizations), with the involvement of scientific and pedagogical civilian personnel as responsible for them.
Key words: access to state secrets; access to information constituting a state secret; dissertation; serviceman; postgraduate military studies; graduate military student; a person attached to a military organization to prepare a dissertation for the degree of candidate of sciences; foreign citizen; scientific and pedagogical workers; professorial and pedagogical staff.
 
18. On the legal regulation of certain measures of administrative restraint applied by law enforcement agencies: innovations in administrative law.
Kainov V.I., Professor of the Department of State and Legal Disciplines North-Western branch of FGBOUVO "Russian State University of Justice", Doctor of Law, Professor, opklex@mail.ru
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg State Fire Service EMERCOM of Russia; PhD in Law, Associate Professor, opklex@mail.ru
Abstract. The presented article analyzes the newly adopted measures of administrative restraint applied by federal executive authorities, as well as by a special circle of persons determined by the legislator. Attention is focused on the fact that a number of such measures are applied by officials of the National Guard troops, while for employees of internal affairs bodies such powers are only being worked out and are at the level of the bill. The legal regulation of the application of administrative restraint measures is subject to clear, consistent regulation, which is confirmed by the adoption of a significant number of amendments to regulatory legal acts regulating the activities of officials in the course of their administrative and jurisdictional activities. These acts define the procedure, grounds, limits of the application of administrative preventive measures, which, of course, is aimed at preventing cases of restriction of human and civil rights and freedoms by. 
Keywords: administrative coercion; administrative and jurisdictional activity; measures of administrative restraint; the Ministry of Internal Affairs of Russia; Rosgvardiya’s; human and civil rights and freedoms.
 
19. Issues of legal regulation of the traceability system of production and supply of products in the national economy.
Arakelyan K.E., Advisor to the General Director of RT-Techpriemka JSC, opklex@mail.ru
Abstract. The fight against counterfeit products is one of the primary tasks of the national economy in the current period. One of the tools of this process is recognized, based on technological achievements of science, the system of traceability of goods. The article reveals the main issues of the legal regulation of the traceability of goods and the specifics of the implementation of this tool in the defense sector.
Keywords: traceability, production, supplies, products
 
20. Own security of a legal entity: the requirements of the law and the responsibility.
of A.E. Lebedeva (Skachkova), Candidate of Law, Associate Professor
Abstract: The article discusses the requirements of the law on the own economic security of a private sector legal entity, which must be ensured when creating, operating and documenting, accounting and reporting. In his reasoning, the author comes to the conclusion that the main directions of security and success of economic activity are finance, property, information, respect for the rights of employees.
Keywords: legal entity, security, law, responsibility
 
21. Features of the use of flexible working hours by employers during the spread of Covid-19.
Kudashkin A.V., Doctor of Law, Professor, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru
Potapov A.V., Postgraduate student of the Faculty of Law of the Lomonosov Moscow State University, Head of the Corporate Governance Department of the Joint Stock Company United Engine Corporation, opklex@mail.ru
Abstract. The article analyzes the current legal regulation of flexible working hours. Based on the results of the analysis, a number of practical recommendations have been proposed for employers to introduce the specified working time regime and minimize the risks associated with it.
Keywords: pandemic, working hours, schedule.