THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7


   ISSUE CONTENTS:

 

1. Dialogue on the meaning of military law and military law as a value (we discuss Chapter 5 “The Social Network of Military Law” of Volume I of the monograph “Military Law”).

Kumankov A.D., Federal State Autonomous Educational Institution of Higher Education "National Research University "High School of Economics", opklex@mail.ru; Bolshakova V.M., Federal State Budgetary Educational Institution of Higher Education "Russian Academy of National Economy and Public Administration" under the President of the Russian Federation, opklex@mail.ru; Naumov P.Yu., FGKUZ "Center for Military Medical Expertise of the National Guard Troops" Russian Federation", opklex@mail.ru; Novikov N.S.,  opklex@mail.ru

Annotation. In 2021, under the auspices of the Institute of State and Law of the Russian Academy of Sciences, the Center for Legal Communications published Volume No. 1 of the Monograph "Military Law" under the general editorship of the Director of the Institute of State and Law of the Russian Academy of Sciences, Corresponding Member of the Russian Academy of Sciences, Honored Lawyer of the Russian Federation, Doctor of Law , Professor A.N. Savenkov and Doctor of Law, Professor, Editor-in-Chief of the scientific and practical journal "Law in the Armed Forces - Military Legal Review" A.V. Kudashkin. In the article, the authors explore and discuss Chapter No. 5 "The Social Value of Military Law" of this work. The authors of the article point out that the very formulation of the question of military law as a social value already deserves attention and approval. The subject under study causes a lively research interest, a fruitful and critical scientific discussion. The desire of the authors and editors of the monograph "Military Law" to pay attention to the axiological aspects of military law is positively noted. The chapter under consideration reflects not only the legal, but the moral-semantic or content-value side, which expresses not the existence of legal norms in itself, but the emotional-psychological, evaluative subjective attitude towards them. Based on the results of the discussion, it is concluded that the published work opens up great prospects for further philosophical and legal research on the problems of law and the social significance of this branch of law, and also reveals a wide field for conducting an axiological study of this area of knowledge.

Keywords: values; value orientations; meanings; legal awareness; military law; Armed forces; military security; branch of law.

 

2. The concept, subject and forms of systematization of military legislation.

Taradonov S.V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University; the docent of civil law, international private law and civil procedure, Russian University of transport, PhD in Law, opklex@mail.ru

Annotation. The article examines the concept, subject and forms of systematization of military legislation. Based on the conducted theoretical and legal analysis, the author substantiates the necessity of systematization of military legislation as a type of legal activity aimed at the development and streamlining of the entire current system of legislative acts regulating public relations in the field of state’s military activity.

Keywords: military law; sources of military law; military legislation; system of military legislation; systematization of military legislation.

 

3. Legal regulation of measures with respect to foreign companies that have terminated or suspended activities in Russia.

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 problems of legal regulation of measures taken by the Russian Federation against to foreign companies and their assets, which may be of interest to the Russian defense industry in connection with the possible supply of products or provision of services.

Keywords: expropriation, actives, unfriendly, countries, bill

Thomson Reuters Practical Law.

Daujotas Rimantas, Willcocks Andrew.  Prompt, Adequate and Effective Compensation. Jus mundi.

Brownlie Ian. Public International Law. Oxford University Press, 6th Ed , 2003.

Starrett Housing Corporation, Starrett Systems, Inc. and others v. The Government of the Islamic Republic of Iran, Bank Markazi Iran and others, IUSCT Case No. 24.

Dolzer R., Stevens M. Bilateral Investment Treatie. Kluwer Law International. The Hague.1995.  Cambridge University Press.  21 May 2009.

Christie G. What Constitutes a Taking of Property under International Law?//British Yearbook of International Law. 1962 pp. 307-338.

Mountfield H. Regulatory Expropriations in Europe: the Approach of the European Court of Human Rights.// N.Y.U. Environmental Law Journal, Vol. 11, No 1, 2002.

Ведомости Государственного Совета Республики Крым. № 1 часть 1. 2014 г.

Милькина И.В., Забоева М.Ф. Национализаци в Крыму: нарушение российского права или вынужденная необходимость//Вестник Государственного университета управления.  2014. № 16. С. 126-129.

Georgiev George Stephanov. The award in Saluka Investments v. Czech Republic.

 

4. Legal protection of a special military operation.

Koryakin V.M., doctor of Legal Sciences, Professor, Professor 25 faculty FGKWOW in "Military University named after Prince Alexander Nevsky" of the Ministry of Defense of Russia, opklex@mail.ru

Annotation. The article is an overview scientific and practical commentary on legislative and regulatory legal acts, including departmental ones, adopted after February 24, 2022 by the state authorities of the Russian Federation in order to ensure legal activities of a political, military, socio-economic, humanitarian nature, conducted within the framework of a special military operation on the territory of the Donetsk and Lugansk People's republics, Ukraine and neighboring regions of the Russian Federation. Some proposals have been made to further improve the regulation of legal social relations in this area.

Keywords: special military operation; armed conflict; use of armed forces; social security for military personnel; social support for victims ' families; voluntary activities.

 

5.  On the centralization and decentralization of military administration (legal aspect).

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

Annotation: the article analyzes centralized and decentralized methods of regulating public relations in relation to the military structures of the Russian state. The positive and negative qualities of each of the mentioned methods of regulation are compared. On the basis of typical defects of military administration, proposals are made to establish a balance of competence and responsibility of hierarchical structures in military organizations.

Keywords: military management, network centrism, hierarchy levels, management efficiency, initiative, self-organization, leadership competence, Mission command, Auftragstaktik

 

6.  On some law enforcement issues related to the realization of the right to higher education and military service.

A.S.Slivko, Head of the Department of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, Ph.D.,  S.V.Shankhaev, Ph.D.

Abstract: the article reveals the features of the legal status of cadets expelled from universities and the features of their further military service.

Keywords: the right to education, military service, the right to deferral from conscription, dismissal from military service.

 

7. Topical issues related to granting postgraduates a deferral from conscription for military service.

Lapina O.A., Colonel, Prince Alexander Nevsky Military University of the Ministry of Defence of the Russian Federation, opklex@mail.ru

Annotation. The article deals with topical issues related to the granting of the right to deferral from conscription to citizens studying under the programs of training of scientific and scientific-pedagogical personnel in graduate school, residency programs and internship programs, as well as the specifics of the implementation of this right by citizens of the Russian Federation.

Keywords: legality, military duty, higher education, conscripts, residency, postgraduate study, internship assistant, draft board, deferral from conscription.

 

8.  Powers of military services and employees of the national guard of the Russian federation under the conditions of enforcing the state of state of state of emergency.

Grigonis V.P., Associate Professor of the Department of History of State and Law, Ph.D. in Law, Associate Professor of St. Petersburg State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru;

Nosov N.V., Colonel, Candidate of Military Sciences, Associate Professor of the Department of Tactics of Service and Combat Use of Units of the St. Petersburg Military Order of Zhukov, Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru;

Zubarev N.V., Adjunct of the 3rd year postgraduate course (full-time and part-time education) 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

Annotation. The article considers the role and place of the troops of the national guard of the Russian Federation, as a military organization of the state, in the system of ensuring the state of emergency, the powers of military personnel and employees of the troops of the national guard of the Russian Federation, as well as additional duties of individuals and legal entities in a state of emergency. The conclusion is drawn that the troops of the National Guard of the Russian Federation are today a necessary element of the mechanism of the state, designed to fulfill the tasks of ensuring the legal regime of the state of emergency, both independently and as part of a combined group of troops.

Key words: powers, troops of the National Guard of the Russian Federation; legal regime, state of emergency, security.

 

9. Some issues of legal regulation of the transfer of weapons, military and special equipment between federal executive authorities.

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

Annotation. Currently, more and more attention is being paid to the organization of equipping the Armed Forces of the Russian Federation, other troops, military formations and bodies with weapons, military and special equipment. This article discusses the issues of legal grounds and regulation of the transfer of such military property between federal executive authorities. The specified procedure includes issues of coordination of legal acts providing for such transfer, as well as their publication.

Keywords: words: supply of weapons, military service, weapons, military equipment, acts of the Government of the Russian Federation.

 

10. Legal support of the savings and mortgage system of housing provision for servicemen: directions for further improvement.

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

Annotation. The author describes current directions of improving the legislation on the savings and mortgage system of housing provision for servicemen. The author gives an overview and a brief assessment of the provisions of the draft Federal Law No. 17973-8 aimed at solving the main problems of housing provision within the savings and mortgage system.

Key words: serviceman, housing provision, savings and mortgage system of housing provision for servicemen.

 

11.  Recovery of unjustifiably paid monetary allowance: solving problems through constitutional justice.

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. In the article, the author analyzes the dynamics of the development of the views of the Constitutional Court of the Russian Federation on the specifics of the interpretation and application of the institution of unjustified enrichment in relation to unreasonably paid monetary allowances to military personnel and persons discharged from military service.

Key words: unjustified enrichment, monetary allowance, military personnel, recovery, court, Constitutional Court of the Russian Federation.

 

12.  Features of the spread of labor legislation to persons of civilian personnel of the Armed Forces of the Russian Federation (comparative legal analysis).

Martirosyan V.S., Candidate of Law, Associate Professor, Federal State Educational Institution of Higher Education "Military University named after Prince Alexander Nevsky" of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Annotation. The article, relying on the internal and external threats of the Russian Federation, national interests, examines the features of the extension of labor legislation to persons of civilian personnel of the Armed Forces of the Russian Federation, provides a comparative legal analysis of the features of the extension to civilian personnel of the Armed Forces of the Russian Federation, various categories of workers, state civilians. employees of individual characteristics: wages, benefits, benefits, guarantees and compensations. The definitions of such definitions as privilege, advantage, guarantee and compensation of employees of military units (military organizations) are given, their features and characteristics are revealed.

Keywords: civilian personnel of the Armed Forces of the Russian Federation, federal civil servants, employees of military units (military organizations), remuneration of civilian personnel of the Armed Forces of the Russian Federation, material incentives, benefits and advantages of employees of military units (military organizations), guarantees and compensations.

 

13. Financial literacy of military personnel: legal bases of monetary allowance.

Privetkin A.A., Federal State Public Military Educational Institution of Higher Education «Prince Alexander Nevsky Military University» of the Ministry of Defense of the Russian Federation Professor of the Department of Finance and Banking Management in the Armed Forces, opklex@mail.ru

Annotation. The subject of the article is the legal basis of monetary allowance as the main type of income for military personnel in terms of improving the financial literacy of military personnel. The purpose of the work is to cover the issues related to the system of normative legal acts regulating payment of monetary allowance as a special case of the system of Russian legislation. The study is based on a review and analysis of various documents on the system of law, including federal laws, decrees of the President of Russian Federation, decrees of the Government of Russian Federation, and legal literature. The results of the work show that it is necessary to pay attention to such aspects of the improvement of financial literacy as a systematic understanding of the legal foundations of monetary allowance, the hierarchy of regulatory legal acts, the powers of legislative bodies. The article covers the specifics of the legal regulation of monetary allowance of military personnel and can be used as supplementary material during studying the course «Fundamentals of financial literacy of military personnel», which became mandatory for cadets of military educational institutions in 2021.

Keywords: financial literacy, Financial Literacy Improvement Strategy, military personnel, monetary allowance, system of law.

 

14.  Crimes in the field of illicit arms trafficking (Article 222 of the Criminal Code of the Russian Federation) as a threat to Russia's national security.

Pogadaeva Ya.M., Assistant Senior Investigator for Particularly Important Cases Main Investigative Committee of the Investigative Committee of Russia for St. Petersburg, opklex@mail.ru; 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

Annotation. The presented study examines the peculiarities of committing criminal acts in the field of illegal arms trafficking as a threat to national security. On the basis of statistical data, the impact of this type of crime on public safety is analyzed, the main measures taken by the state are considered: the perfection of regulatory mechanisms, work in the field of countering theft and smuggling of weapons. The author's approach to the consideration of the essence and content of the subject of the study is formulated and individual measures are proposed, such as: the development of new methods for preventing the theft of weapons, monitoring and comprehensive research, strengthening interdepartmental interaction and cooperation with border states.

Keywords: weapons, arms trafficking, public safety, crimes.

 

15.  Digital e-crime as a new subspecies of crimes against citizens' voting rights.

Roganov S.A., Doct. Sci. (Law), Associate Professor  Saint Petersburg military order of Zhukov Institute of national guard troops Associate Professor PetrSU, opklex@mail.ru

Bernikov G. O., мaster of PetrSU, opklex@mail.ru

Annotation. The article analyzes the concepts, content and specificity of electoral crimes, due to latency and extreme politicization. Particular attention is paid to the description of the main forms of crimes against the electoral rights of citizens.

Keywords: offense, electoral crime, electoral process, election campaign, electronic voting.

 

16.  Legal regulation of measures against foreign companies that have ceased or suspended their activities in Russia.

Melnik N. N., expert in the field of military law of the USA and European countries, Honorary Lawyer of Russia

The article discusses the problems of legal regulation of measures taken by the Russian Federation in relation to foreign companies and their assets that may be of interest to the defense Industry of Russia in connection with possible supplies of products or services.

Keywords: sanctions, foreign companies, termination of activity.

 

17.  Application by the prosecutor of the mechanism of judicial protection of the rights of dismissed persons.

Mamatov M.V., candidate of law, head of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offences research Institute of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru

Kremneva E.V., senior researcher of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offenses of the research Institute Of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru

Annotation. The article analyzes the practice of ensuring that prosecutors protect the rights of illegally dismissed persons in court, as well as the use of other measures of prosecutorial response to eliminate such violations, causes and conditions that contribute to them.

Keywords: prosecutor, dismissal, reinstatement, civil proceedings, statement of claim, labor relations.

 

18. Automation of the labor accounting system when performing research under the state defense order.

Arakelyan K.E., Arakelyan G.K.

Annotation. Currently, in the era of the active introduction of digitalization and automation capabilities into production processes and the mechanisms that ensure its organization, there is also the possibility of applying scientific achievements in the organization of accounting for economic indicators, including GOZ. In the presented material, a model is proposed for the application of an automation system for accounting labor costs when performing research on GOZ.

Keywords: state defense order, labor costs, accounting.

***

Семенова У.С., Шеншин В.М. Проблемы аттестации физических лиц на право проектирования средств обеспечения пожарной безопасности зданий и сооружений, которые введены в эксплуатацию

Ключевые слова: пожарная безопасность; МЧС России; аттестация; проектирование средств обеспечения пожарной безопасности.

Problems of certification of individuals for the right to design fire safety equipment for buildings and structures that are put into operation

Semenova U.S., Inspector of the Department of Regulatory and Technical Department of Supervisory Activities and Preventive Work Main Directorate of the Ministry of Emergency Situations of Russia for the Republic of Crimea, master student of the Institute of Life Safety of St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Shenshin V.M., candidate of legal sciences, 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 article deals with the problems of the certification process of individuals for the right to design fire safety equipment for buildings and structures that are put into operation. It is noted that it is impossible to confirm the authenticity of educational documents for persons with foreign educational documents. Also, there are cases of submitting identical applications for certification, in view of the impossibility of additional loading of missing documents into the materials of a previously submitted application. The restrictions created for persons wishing to pass certification due to the absence of an approved standard additional professional program – a professional retraining program are considered. Discrepancies of correct answers with the current norms in the list of questions of the qualification exam have been established. There was an increase in corruption risks due to the detection of violations in the process of passing the exam in manual mode. These problems are associated not only with the technical component, but also with gaps in the regulatory framework governing certification issues. The researchers come to the conclusion that the accessibility and transparency of certification is possible only when solving these problems and improving the certification process.

Keywords: fire safety; EMERCOM of Russia; certification; design of fire safety equipment.