THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
1. Problematic issues of interpreting the legislation on the passage of military service through the prism of court decisions.
Kharitonov S.S., Colonel of Justice of the Reserve, Candidate of Legal Sciences, Professor, firstname.lastname@example.org
The article with reference to court decisions in the field of military service in general, and upon dismissal from military service in particular, shows the reasoned positions of the parties to litigation on understanding the content of legal regulations in this area of military-administrative relations.
Keywords: military courts, judicial practice, military service
2. Bureaucratic approach to the issue of registration of military personnel and their family members at the addresses of military organizations.
Glukhov E.А., Colonel of justice, candidate of legal Sciences, associate Professor. Military University of the Russian defense Ministry, email@example.com
the article analyzes the norms of legislation on registration of military personnel and their family members. The author reveals defects in legal norms that allow refusing registration to military personnel at the addresses of military units, as well as the conditions necessary for registration. With the right to register at the place of residence at the addresses of military units, such factors as obtaining permanent housing for military personnel and their admission to training are compared. It shows the difficulties faced by military personnel in the process of carrying out their registration actions.
Keywords: registration, places of stay and residence, military personnel, obtaining housing, variable composition of the University, form-lease, registration, implementation of rights.
3. On the exercising of the right to professional retraining of dismissing servicemen.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, firstname.lastname@example.org
Svininyh O.Yu., candidate of legal sciences, email@example.com
The legal basis and content of the right of dismissing servicemen to professional retraining are described in the article. The author pointed out the purpose of giving this right to military personnel. The linkage between the right to professional retraining and other rights of servicemen is showed. The analysis of the existing procedure and terms for the exercising of the right to professional training of military personnel is carried out. It is concluded that the current rules are poorly focused on taking into account the interests of military personnel in the selection of professional retraining programs. It is proposed to provide military personnel with two alternative forms of exercising of the right to professional retraining – retraining on the basis of a state contract with an educational organization, and receiving monetary compensation in order to pay for professional retraining services.
Keywords: serviceman; military service; military discharge; professional retraining; right to labor
4. The role of artificial intelligence in ensuring social justice in the process of rule-making (on the example of legislation on military service).
Skovorodko A.V., Candidate of the Department of constitutional and administrative law of the National Research University Higher School of Economics, firstname.lastname@example.org
The article is devoted to the analysis of modern innovative opportunities for the use of artificial intelligence technologies in law-making activities.
The author suggests the need to develop a mechanism to eliminate violations of the principle of social justice, as the basis of human and civil rights, when implementing appropriate methods in the legislative process and systematization of law.
Keywords: rule-making process, monitoring of law enforcement, information search, detection of implicit links, semantic analysis, artificial intelligence, risks of violation of rights, inaction of authorities, transformation of law, "Veterans of military service".
5. The government of the Russian Federation clarified the procedure for recognizing military personnel in need of housing.
Konashenko I.A., graduate student of the Law Institute Russian state University of transport, email@example.com
Koryakin V.M., doctor of legal Sciences, Professor, Professor of the Military University, Deputy Director of the Law Institute Russian State University of transport, firstname.lastname@example.org
The article is a scientific and practical commentary on the decree of the Government of the Russian Federation No. 1768 of October 30, 2020, which defines the Rules for recognizing military personnel undergoing military service under a contract in need of residential premises, and also approves the form of an extract from the decision to grant Federal-owned residential premises free of charge, and the form of the act of acceptance and transfer of residential premises. A comparative analysis of this legal act with the previously existing legal regulation is given, and some proposals are formulated to adjust the departmental regulatory framework for housing for military personnel, citizens dismissed from military service, and their family members.
Keywords: housing provision; need for residential premises; provision of residential premises in the property free of charge; social lease agreement for residential premises; housing subsidy.
6. New developments in the legal regulation of purchases of goods, works, and services by military organizations.
Zaikov D.E., Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Candidate of Law, email@example.com
The article deals with the features of legal regulation of the activities of military organizations subordinate to the Ministry of defense of the Russian Federation for the procurement of goods, works and services in accordance with Federal law No. 223-FZ of July 18, 2011 «On the procurement of goods, works and services by certain types of legal entities».
Key words: military organizations, procurement, departmental control, Autonomous institutions, procurement regulations.
7. On the issue of the possibility of providing above-standard housing for military personnel and their family members.
Nieder S.A., Teacher in the cathedra of Criminal Procedure and Criminalistics of the Novosibirsk Military Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, firstname.lastname@example.org
In the article, the author assumes an inaccuracy made by the legislator in the Federal Law of December 02, 2019 No. 416-FZ "On Amendments to Article 15 of the Federal Law" On the Status of Servicemen "(hereinafter - Law No. 416-FZ), which may lead to excess provision of housing or money for the purchase or construction of residential premises (hereinafter referred to as housing subsidies) for military personnel and their family members, which contradicts the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. Also, in order to prevent excess provision of housing for servicemen in case of abuse of their right, the author proposes to establish a limitation period for the termination of family relations, before the expiration of which a serviceman provided with living quarters as a family member will not be able to independently exercise his housing rights in accordance with the Federal Law of May 27 1998 No. 76-FZ "On the status of military personnel" (hereinafter - Law No. 76-FZ).
Keywords: serviceman, state, dwelling, family member, right to housing, above-standard provision.
8. Peculiarities of the qualification of illegal actions of a special subject when carrying a public order protection service.
Bruyako A. N., Lecturer of the cycle of state and legal disciplines Department of Legal Disciplines of the Faculty of Internal Troops of the Educational Institution «Military Academy of the Republic of Belarus», lieutenant colonel of justice, email@example.com
The article analyzes the legal regulation of the legal (criminal) liability of military personnel in the Republic of Belarus, studies the problems in this direction, and elaborates certain directions for making and changing proposals to the legislation of the Republic of Belarus in the studied area.
Key words: military service, criminal responsibility, serviceman, special subject.
9. The challenges of applying international humanitarian law to autonomous weapons systems.
Sinyaeva N.A., Head of the Department of Constitutional (State) and International Law of the Military University of the Ministry of Defense of the Russian Federation, Candidate of Law, Associate Professor, firstname.lastname@example.org
In this article, the author touches up on the legality of using autonomous weapon systems from the standpoint of international law, since this is a problem, the importance of which is rapidly growing as technology advances and machines acquire the ability to operate without human control. The author notes that the development of such autonomous weapons systems undoubtedly raises serious social and ethical questions. In this article, the author focuses on the international legal consequences of the development and use of such systems. In addition to this, the author examines autonomous weapons systems from the perspective of international humanitarian law governing the interstate use of force (jus ad bellum). Defines the term “autonomous weapons systems”.
Key words: autonomous weapons systems, machines, human intervention, artificial intelligence, information processing, ethical issues, international humanitarian law.
10. U. S. Sectoral Sanctions and the use of the Novichok nerve agent.
Melnick N.N., Honorable – ranked lawyer of Russia, email@example.com
In connection with the inclusion of the FGUP GosNIIOKHT of the Ministry of Industry and Trade, the FGUP 48th NII and the 33th Central NIII of the Ministry of Defence of the Russian Federation in the U. S. Department of Trade’s Sectoral Sanctions Identifications List, disputes over the use of the Novichok nerve agent arose again. Therefore, it became necessary an objective analysis of the evidence of its use in Salisbury, Great Britain on March 4, 2019 as a reason of sanctions.
Key words: U. S. Sanctions, Novichok nerve agent, investigation, evidences, analysis
11. Is there place for a new paradigm of military law?
Kudashkin A.V., Doctor of Law, Professor, firstname.lastname@example.org
The article is devoted to an urgent problem - the place of military law in the system of Russian law, the subject, method and current areas of research of military law.
Keywords: military law, paradigm, subject, method, research directions.
12. The organization of concentration camps by the anti-Bolshevik government A.V. Kolchak in 1918 - 1920 (based on materials from the Russian State Military Archive).
V.S. Kharitonov, student of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), email@example.com
The article reveals the historical and legal foundations of the creation and functioning of the penitentiary system in the territories controlled by the government of the Committee of members of the All-Russian Constituent Assembly and the All-Russian government in 1918-1919. The basis of the source base was the data of the Russian State Military Archive (RGVA). An estimate is given of the number of prisoners of war and the conditions of their detention.
Key words: civil war, A.V. Kolchak, white, red, Bolsheviks, concentration camps, intervention, prisoners of war, white terror.
13. Criminological problems in the legacy of the theologian and writer Maxim the Greek (to the 550th anniversary of the birth of the great encyclopedist).
Kharabet K.V., Colonel of Justice of the reserve, PhD in Law, firstname.lastname@example.org
Annotation. Considered, using the historical and legal methodology, taking into account the format of the scientific article, some aspects of the work of the publicist and theologian Maxim the Greek (c. 1470-1556), related to the issues of crime and other offenses, as well as justice and morality in relation to the medieval Moscow state.
Key words: Maxim Grek, professor N.M. Zolotukhina, law and justice, Moscow state.