THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6


   ISSUE CONTENTS:

 

1. The principles of IHL and the law of armed conflict: issues of correlation.

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

Annotation. The article deals with the application of the principles of the law of armed conflicts in special military operations, provides a comparative legal analysis of acts on the implementation of the norms and principles of law in the legislation of Russia and a number of foreign states.

Keywords: IHL, armed conflicts

 

2. The Renaissance of Nazism: the law of armed Conflict and legal technologies of information warfare.

Tuganov Yu.N., Chief Researcher of the Center for the Study of Justice Problems of the Russian State University of Justice, Professor of the Russian Customs Academy, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Academician of the Russian Academy of Natural Sciences, opklex@mail.ru

Aulov V.K., retired judge, candidate of law, associate Professor, honored lawyer of the TRANS-Baikal territory, opklex@mail.ru

Abstract: in the article, the authors investigate the revival of Nazism as a phenomenon that directly threatens the military security of the Russian Federation. Substantiate the regularity and objective conditionality of the inclusion in the main direction of scientific development of military relations, which constitute the "core" of military law and its specific autonomous subject, the law of armed conflicts and legal technologies of information warfare. This conclusion, linking it, including with the events in Ukraine, necessitates the expansion, not narrowing, of the concept of "military law". In accordance with the task, the provisions of Article 354.1 of the Criminal Code of the Russian Federation "Rehabilitation of Nazism" are first of all subjected to critical analysis.

Keywords: military security, Armed forces, military law, law of armed conflicts, information warfare, fight against nazism.

 

3. Some questions about the participation of the National Guard troops in the information war.

Zubarev N.V., adjunct of the 3rd year of adjunct studies (full–time and part-time studies) of the Faculty of Training of Highly Qualified Personnel and Additional Professional Education of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, opklex@mail.ru

Abstract: the presented study identifies the problems of information security of the individual, society and the state in the conditions of the active development of new information technologies, their total penetration into all spheres of public life, as well as the patterns and features of the formation of the information society, examines some aspects of information security, namely, related to the phenomena of information warfare and information warfare, as well as some issues of participation of the National Guard troops of the Russian Federation in the information war.

Keywords:  technologies, information resources, information security, personality, society, state, national guard troops.

 

4. 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; human and civil rights and freedoms.

 

5. The Constitutional Court of the Russian Federation has restored the right of military pensioners to receive in full the pension accrued, but not demanded in a timely manner.

Koryakin V.M., Doctor of Law, Professor, Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation; Russian University of Transport (MIIT), opklex@mail.ru

Annotation. The article is a scientific and practical commentary on the Resolution of the Constitutional Court of the Russian Federation No. 14-P of April 7, 2022, which elaborated and justified a very important legal position on the issue of the right of military pensioners to receive a fully accrued, but not received pension, regardless of the date of application for its receipt. The Constitutional Court of the Russian Federation recognized Part one of art. 58 of the Law on Pension Provision for Persons Who Have Served in Military Service that does not comply with the Constitution of the Russian Federation to the extent that it allows payment to a person discharged from military service who has not received a pension for years of service, the payment of which was suspended and subsequently terminated, only in an amount not exceeding the amount calculated for three the years preceding the pensioner's appeal to the pension authority for the restoration of pension payments, despite the fact that during the period when it was not paid, the pensioner did not lose the right to this pension.

Keywords: pension provision for persons who have served in the military; pension for years of service; military pensioner; suspension of pension payment; restoration of pension payment.

 

6. Social guarantees for servicemen directly participating in hostilities and their families provided by the cumulative mortgage system of housing provision for military personnel.

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru

Abstract. The author considered rights of participants in hostilities fixed in the national legislation on the cumulative mortgage system of housing provision for military personnel. The rights of family members of a participant in the cumulative mortgage system of housing provision for military personnel in the event of his death or death during the period of participation in hostilities are also described. The author demonstrated the necessity of expanding the legislative list of participants in the cumulative mortgage system of housing provision for military personnel. He proposed to include contract servicemen who have not reached the total duration of military service required for participation in the system by the time of injury or death during the period of participation in hostilities to that list.

Key words: participants of hostilities, serviceman, family members of serviceman, housing provision, status, cumulative mortgage system of housing provision for military personnel.

 

7. Exemption from criminal liability when committing crimes against military service: issues of judicial discretion.

Chukin D. S., senior lecturer of the Department of criminal procedure and criminalistics, opklex@mail.ru

Abstract. The article analyzes the features of the exemption of military personnel from criminal liability when committing crimes against military service, based on the multi-object nature of the latter. The analysis of judicial practice allows us to state the absence of a unified approach to the consideration of criminal cases by military courts — from their termination to the fundamental denial of such a possibility. Such a situation develops due to the provision by the legislator of a wide scope for judicial discretion, which does not contribute to the implementation of the principle of justice. It is recommended to narrow the boundaries of law enforcement discretion by fixing provisions in the governing documents that allow for the possibility of reasoned, based on criminal law principles, exemption from criminal liability in relation to multi-object crimes.

Key words: crimes against military service, multi-object crimes, exemption from criminal liability, reconciliation with the victim, judicial fine, judicial discretion, the principle of justice.

 

8. Influence of Arctic Coastal States on Regional Security.

Kholikov I.V., 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

Kupriyanovich M.S., Research Fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. The article deals with an issue of escalation of new global conflicts that threaten the stable functioning and development of the international community. As a consequence, international security, which is guaranteed by States' compliance with their international legal obligations and continued international cooperation to maintain the established world order, takes on particular significance. At present one of the main threats to international security is aggravation of the situation and increased conflict potential in the Arctic, evidence of which is the increased militarization of the region. Given the importance of this problem and the global consequences it may entail, the international community needs to pay close attention to the issues of legal regulation and security in the Arctic.

Keywords: Arctic, NATO, international security, militarization, national strategy.

 

9. The current state of international legal regulation of military navigation, aimed at preventing dangerous naval activities of States, preventing incidents and incidents, excluding armed conflicts at sea. (A brief analysis of the current prerequisites for armed conflicts at sea).

Petrov O.Yu., Candidate of Legal Sciences, opklex@mail.ru

Abstract. The article, using the example of modern maritime incidents and incidents that create prerequisites for armed conflicts at sea, examines modern aspects of international legal regulation of military navigation aimed at preventing dangerous military activities of states in the oceans. By analyzing modern incidents with warships, the conclusion is substantiated that modern international regulation of military navigation, the participation of naval forces in special military operations, require the crews of warships to strictly comply with the norms of international maritime law, national legislation. The current international legal norms regulating the daily activities of fleet forces are aimed at preventing maritime accidents and incidents, excluding deliberate provocations of armed conflicts.

The modern practice of using the forces of the Russian Navy in the course of international counter-terrorism operations, military peace enforcement operations and special military operations to protect Russian citizens is always legitimate and complies with the norms of international law.

Keywords: UN Charter, international maritime law, international conventions, conflicts, national law, aggression, state border, territorial sea, inland waters, historical bays, violator, warship, responsibility in international maritime law, maritime accident, incident, armed conflict at sea, use of weapons, protection of the state border, international legal support, operational area, use of naval forces.

 

10. 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 оf 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.

 

11. 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.

 

 

12. Changes in legislation in the field of intellectual property in the context of sanctions and other restrictive measures of an unfriendly nature.

Zhamoidik K.M., PhD in Law, Head of the Intellectual Property Management Department of the Joint-Stock Company United Engine Corporation, opklex@mail.ru

Abstract. The article provides an overview of the latest changes in the "counter-sanctions" changes in legislation in the field of intellectual property activities related to ensuring the defense and security of the state.

Keywords: intellectual property, restrictive measures, sanctions.