THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9


  ISSUE CONTENTS:

  

1. A special military operation dictates the need to adjust the legislation on military service and social protection of military personnel.

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

Annotation. The article is a scientific and practical commentary on Federal Law No. 315-FZ of July 14, 2022, according to which the legislator clarified some issues of military service by servicemen who were injured in the performance of military service duties and expressed their desire to continue military service despite the recognition of their limited fitness for military service. In addition, this law expanded the circle of beneficiaries for mandatory state insurance of military personnel, and also received legislative formalization of the decision of the President of the Russian Federation, published in early summer, to increase military pensions by 10 percent.

Keywords: special military operation; military service; compulsory state insurance of military personnel; social guarantees of military personnel; pension provision of persons who have completed military service.

 

2.  The main directions of improving the legal basis of judicial activity of military courts during wartime and in a combat situation.

Tuganov Yu.N., Chief Researcher of the Center for the Study of Problems of Justice, Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, 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 presented article, the authors consider the main directions of improving the legal basis of the judicial activity of military courts during wartime and in a combat situation. The analysis of the regulatory framework governing the organization of judicial activities of military courts during wartime and in a combat situation is carried out taking into account the ongoing special military operation. The directions of improving the activities of the military judicial bodies of Russia are proposed.

Keywords: Russian judicial system, military courts, armed forces, extraordinary regimes, wartime, combat situation.

 

3.  Problems of organization and passage of military service reflected in military court decisions.

Barannikov M.M., lawyer; Kharitonov S.S., candidate of legal sciences, professor

Annotation: The materials of military judicial practice reflect the issues that most often arise in official activities in the implementation of legal norms by commanders (chiefs). The analysis of examples allows us to understand the essence of legal regulations in this area, to minimize the mistakes made by commanders in the process of implementing legal norms in the field of military service in the process of management activities.

Keywords: military service; serviceman; military courts; legitimacy.

 

4.  List of corruption-dangerous positions: a comparative analysis.

Zaikov D.E., Associate Professor of the Department "Civil Law, International Private Law and Civil Procedure" of the Law Institute of the Russian University of Transport, PhD in Law, opklex@mail.ru

Annotation. The article provides a comparative legal analysis of the content of lists of corruption-dangerous positions of federal executive authorities in which military service is provided by law, according to the results of which the author comes to the conclusion about their significant differences and the urgent need to develop a unified approach to the definition of such positions.

Key words: anti-corruption, corruption-dangerous positions, list, employees.

 

5.  About some features of providing various types of provision for orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent in the Federal Service of the National Guard of the Russian Federation during the training period.

Shenshina L.A., candidate of pedagogical sciences, Associate Professor of the Department of Psychology of Risk, Extreme and Crisis Situations, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru

Abstract: The presented study reveals the mechanism of improving the legislation of the Russian Federation on additional guarantees for the social support of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who lost both parents or a single parent in Rosgvardiya during their studies.

Keywords: orphans; children left without parental care, persons from among orphans and children left without parental care; persons who lost both parents or a single parent during the training period; Rosgvardiya.

 

6.  Issues on the agenda of military judicial practice of sentencing.

Morgulenko E.A., candidate of legal sciences, associate professor; Kharitonov S.S., candidate of legal sciences, professor

Annotation: The article considers examples of the judicial practice of military courts in terms of imposing criminal penalties. Attention is drawn to taking into account the circumstances mitigating and aggravating the punishment, the correct assessment by the court of the nature and degree of public danger of the crimes committed, the indication in the verdict of the motives for the decisions taken on all issues related to the imposition of a criminal punishment, release from it or its serving, etc. Emphasized the need to comply with the requirements of the criminal law on a strictly individual approach to sentencing

Keywords: military courts, criminal punishment, soldier

 

7.  Violation of traffic rules or violation of the rules of driving cars: controversial issues of criminal law regulation of the corpus delicti provided for in Article 350 of the Criminal Code of the Russian Federation.

Fartukov D. N., Candidate of Social Sciences, Senior Lecturer of the Department of Criminal Procedure and Criminalistics, opklex@mail.ru; Chukin D. S., Senior Lecturer of the Department of Criminal Procedure and Criminalistics, opklex@mail.ru

Annotation: the article examines the interrelated provisions of Articles 350 and 264 of the Criminal Code of the Russian Federation. It is noted that the question of which of these norms is general and which is special in relation to each other is debatable. It is stated that the position prevails in the doctrine of criminal law and the practice of applying criminal law, according to which all crimes are subject to qualification under Article 350 of the Criminal Code of the Russian Federation if they are committed by military personnel on official transport. It is summarized that according to Article 350 of the Criminal Code of the Russian Federation, only those socially dangerous acts should be qualified that violate the rules of driving or operating military equipment established by regulatory legal acts and cause harm to military-service relations mediated, including through the victim. The discriminatory nature of Article 350 of the Criminal Code of the Russian Federation in relation to Article 264 of the Criminal Code of the Russian Federation is stated, since, regulating similar legal relations, the latter contains a greater number of qualifying signs that strengthen criminal responsibility.

Keywords: violation of traffic rules, violation of driving rules, violation of operating rules, vehicle, qualification of crimes, military equipment, crime against military service, victim.

 

8.  Rent of Government-owned Housing by Servicemembers: Review of Court Practice.

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

Annotation:. Legal regulation of the rent of government-owned housing by servicemembers is described in general in this article. The main attention is paid to the evaluation of court decisions on cases of eviction of servicemembers from government-owned housing, termination of their right to use premises and removal from registration. In addition, the author considers disputes about the right to receive compensation by a participant of military operations for the payment of government-owned housing, disputes about payment for housing and communal services and other types of disputes related to the rent of government-owned housing.

Keywords: serviceman; housing provision; staff accommodation; rent of government-owned housing by servicemembers; housing disputes.

 

9.  Compensation for non-pecuniary damage caused by an increased risk of military assignment: an analysis of judicial and judicial practice.

Konokhov M.V., Researcher, Institute of State and Law Russian Academy of Sciences candidate of legal sciences, opklex@mail.ru; Sokolova E.V., Senior Lecturer, Department of Civil Law, Military University named after Prince Alexander Nevsky Ministry of Defense Russian Federation, opklex@mail.ru

Annotation. This article discusses certain issues of compensation for moral harm caused to citizens in connection with the activities of military organizations associated with increased danger to others. The authors consider the reasons why the courts, as a rule, refuse to compensate for moral damage, and formulate proposals for changing and supplementing the current legislation of the Russian Federation.

Keywords: moral damage, source of increased danger, insurance compensation, compulsory state insurance, military operations, military operations, guard duty, weapons.

 

10.  Autonomous weapons systems: actual problems of international legal regulation in the context of the development of artificial intelligence technologies for military purposes.

Konokhov M.V., Researcher at the Institute of State and Law, Candidate of Legal Sciences of the Russian Academy of Sciences

Annotation: The article analyzes the main approaches to the international legal regulation of the development and use of autonomous weapons systems in the context of the development of artificial intelligence technologies for military purposes. The conclusion is made about the need for human control over the use of force by autonomous weapons systems. It is proposed to adopt an additional protocol to the Convention on the Prohibition or Restriction of the Use of Certain Types of Conventional Weapons, regulating the development and use of autonomous weapons systems.

Keywords: autonomous weapons systems, artificial intelligence, military purpose, unmanned aerial vehicles, lethal autonomous systems, combat robots, international humanitarian law.

 

11.  Military law of China.

Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru; Melnik N.N., expert in the field of US military law and European countries, PhD, USA, Honorary Advocate of Russia, opklex@mail.ru

Annotation. The article examines the history, theory and development of Chinese military law, military and military-technical cooperation between Russia and China, as well as the methodology and problems of studying Chinese military law faced by foreign scientists.

Keywords: military law, China, development, military-technical cooperation.

 

12. Compensation for moral damage caused by a source of increased danger for military purposes: analysis of legislation and judicial practice.

Konokhov M.V., Researcher at the Institute of State and Law Candidate of Legal Sciences of the Russian Academy of Sciences; Sokolova E.V., Senior Lecturer of the Department of Civil Law of the Prince Alexander Nevsky Military University of the Ministry of Defense Of the Russian Federation

Annotation: This article discusses certain issues of compensation for moral damage caused to citizens in connection with the activities of military organizations associated with increased danger to others. The authors consider the reasons why courts, as a rule, refuse to compensate for moral damage, and formulate proposals to amend and supplement the current legislation of the Russian Federation.

Keywords: moral damage, a source of increased danger, insurance compensation, compulsory state insurance, military operations, combat operations, guard service, weapons.

 

13.  Autonomous weapons systems: actual problems of international legal regulation in the context of the development of artificial intelligence technologies for military purposes.

Konokhov M.V., Researcher at the Institute of State and Law, Candidate of Legal Sciences of the Russian Academy of Sciences

Annotation: The article analyzes the main approaches to the international legal regulation of the development and use of autonomous weapons systems in the context of the development of artificial intelligence technologies for military purposes. The conclusion is made about the need for human control over the use of force by autonomous weapons systems. It is proposed to adopt an additional protocol to the Convention on the Prohibition or Restriction of the Use of Certain Types of Conventional Weapons, regulating the development and use of autonomous weapons systems.

Keywords: autonomous weapons systems, artificial intelligence, military purpose, unmanned aerial vehicles, lethal autonomous systems, combat robots, international humanitarian law.

 

14.  Book review: Shenshin V.M. Rosgvardiya as a subject of ensuring state and public security in the field of administrative and jurisdictional activities: monograph. – Belgorod: Epicenter LLC, 2022. – 202 p.

V.I. Kainov, Doctor of Law, Professor of the Department of State and Legal Disciplines of the North-Western Branch of the Russian State University of Justice

Abstract: a brief review of the monograph of Candidate of Legal Sciences, Associate Professor Shenshin Viktor Mikhailovich is given.

Keywords: administrative and jurisdictional activity; state security; public security; state control (supervision); proceedings on administrative offenses; National Guard troops; protocol on administrative offense; resolution on administrative offense; measures to ensure proceedings on administrative offenses, Rogsvardiya.

 

15. On increasing the stability of the functioning of organizations in wartime, as well as in emergency situations of a natural and man-made nature.

Shenshin V.M., candidate of legal sciences, 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. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru

Siluyanova N.M., Senior Lecturer, 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. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru

Annotation: The presented study analyzes some regulatory legal acts and subordinate regulatory legal acts of the executive bodies of state power of the subjects of the Russian Federation, according to which the planning of measures to maintain the sustainable functioning of organizations necessary for the survival of the population in military conflicts or as a result of these conflicts, as well as the functions of promoting the sustainable functioning of organizations in emergency situations of natural and technogenic nature. Some factors affecting the stability of the functioning of organizations in wartime and emergency situations, the main measures to improve the stability of the functioning of organizations in wartime and emergency situations are given. Such a definition is revealed as the stability of the functioning of organizations in order to reduce possible losses and destruction in military conflicts or as a result of these conflicts, as well as in emergency situations of a natural and man-made nature, creating optimal conditions for the restoration of production, ensuring the survival of the population.

Keywords: functioning of organizations; wartime; emergency situation of natural and man-made nature.

 

16. Differentiation of administrative responsibility for violations of the requirements for fire safety systems.

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. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru

Shenshin V.M., candidate of legal sciences, 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. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru

Annotation: The article examines the issues of differentiation of administrative responsibility between the owners (managers) of protection facilities and licensees providing services for installation, maintenance and repair of fire safety equipment for violations of the requirements imposed on these means. Also, the judicial practice on the fact of bringing to administrative responsibility of the licensee servicing the fire safety systems for violations committed during installation by another licensee organization was considered. The researchers conclude that the cancellation of planned control over licensees does not exclude the timely detection of violations of licensing requirements and the adoption of administrative measures within the framework of federal state fire supervision.

Keywords: fire safety; EMERCOM of Russia; license; fire safety means; administrative responsibility.