THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11


 ISSUE CONTENTS:  

 

1. About the legal responsibility of artificial intelligence.

Shcherbak S. I., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Abstract: The article presents the author's conceptual approaches to the establishment of the legal responsibility of artificial intelligence.

Keywords: artificial intelligence; legal responsibility; legal status; legal regulation.

 

2. Domestic experience of the formation of the civil defense system at the initial stages: organizational and legal aspects.

Maksimenko D.I., Rescue Center Officer special risk "Leader" EMERCOM of Russia, opklex@mail.ru

Abstract: the article discusses some issues of an organizational and legal nature concerning the work of state authorities on the formation of a system for ensuring the security of the population, territory, economic facilities and infrastructure from the dangers arising from military conflicts or as a result of these conflicts, within the framework of ensuring the national security of the state, at the initial stages ... As a result of the analysis of various historical aspects, the laws of legal regulation are substantiated based on the military-political situation. The assessment of the effectiveness of the measures taken is given.

Keywords: National security, protection of the population and territory, military conflict, danger, air defense.

 

3.  About some problems of the organization of interaction between troops and law enforcement agencies (historical and theoretical aspect).

Zharkoy M.E., Associate Professor of the Department of Theory and History of State and Law St. Petersburg University of the Ministry of Emergency Situations of Russia; Candidate of Historical Sciences, Associate Professor, opklex@mail.ru

Viktorov V.G., Associate Professor of Economics and Law Saint Petersburg University of the Ministry of Emergency Situations of Russia, Candidate of Pedagogical Sciences, opklex@mail.ru

Abstract: the paper examines the organizational and legal problems of the organization of interaction and tactics of the protection of public order and the elimination of illegal armed formations by law enforcement agencies of the USSR in the post-war period on the materials of Leningrad. The authors conducted an in-depth analysis of archival materials testifying to the effectiveness of the service and combat activities of the troops and bodies of the Ministry of Internal Affairs within the stated chronology. Based on the use of the historical parallel method, the authors formulate proposals that, in their opinion, will contribute to the effectiveness of law enforcement in the modern period.

Keywords: law and order, public safety, interaction, coordination, fight against crime, police, Rosgvardiya, training of personnel

 

4.  On consideration by military courts of cases in the field of military service by military personnel.

Barannikov M.M., lawyer, opklex@mail.ru

Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru

Abstract: Using the examples of military-judicial practice, the author considers the issues most often arising in the service activity in the implementation of legal norms by commanders (chiefs). Analysis of examples allows you to understand the essence of legal regulations.

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

 

5.  Legal regulation of cases when military personnel are considered performing duties of military service and the relationship of their material and disciplinary responsibility.

Bolshakova V.M., Candidate of legal sciences, associate professor, associate professor of the department of constitutional and administrative law of the Nizhny Novgorod Institute of Management - a branch of the «Russian Academy of National Economy and Public Administration under the President of the Russian Federation», opklex@mail.ru

Kalashnikov V.V., Candidate of legal sciences, associate professor, colonel of justice, head of the department of military legal training of the military training center at the FGBOY BO «Russian state university of justice», opklex@mail.ru

Naumov P.Yu., Candidate of pedagogy, major of justice, assistant to the head FGKYZ «Center for military medical expertise of the national guard troops of the Russian Federation» for legal work, opklex@mail.ru

Zelepukin R.V., Candidate of legal sciences, associate professor, deputy director of the institute of law and national security for research, FGBOY BO «Tambov state university named after G.R. Derzhavin», opklex@mail.ru

Abstract: Based on the methods of comprehensive research and comparative jurisprudence, the work examines the legal regulation of cases when military personnel are considered to be performing the duties of military service and their material responsibility. The analysis is focused on the norms of law regulating full material responsibility in their systemic connection with the norms regulating the responsibility of military personnel for the performance of military service duties in a state of intoxication. Cases are being studied when a soldier is considered performing military service, both formerly and currently functioning. Based on the results of the study, it is proposed to eliminate legal and technical uncertainty by making appropriate changes to the legislation of the Russian Federation.

Keywords: legal responsibility; disciplinary responsibility of military personnel; material responsibility of servicemen; disciplinary action applied to a soldier; the state of intoxication of military personnel; gross disciplinary offense; fulfillment of duties of military service.

 

6. Organizational and legal bases of military-patriotic education as a factor of ensuring national security.

Baranenkov V.V., Ph.D., Professor, opklex@mail.ru

Abstract: the article considers some features of threats to the national security of Russia and the resulting new approaches to the organization of military-patriotic education, set out in federal laws, strategic planning documents.

Keywords: Legal support of the country's defense and state security, military threats, modern wars, information warfare, military-patriotic education as a factor of ensuring national security.

 

7.  Parental leave for male military personnel: will there be changes?

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, Candidate of Legal Sciences, opklex@mail.ru

Abstract: In the article, in a retrospective aspect, the problem of the lack of legal regulation of the provision of parental leave to male servicemen and, thereby, discrimination of their rights in comparison with female servicemen is considered. The author, based on the analysis of judicial practice and current legislation, comes to the conclusion that it is necessary to regulate the relations under consideration in order to grant male servicemen a conditional right to provide parental leave.

Keywords: male military personnel, parental leave, military service, maternal care.

 

8.  Selected problems of the implementation of the right to pension provision for military personnel.

Potapova N.D., head of the Department of business and labor law North-Western Institute (branch) of the Kutafin Moscow State Law University (MSAL), Ph. D. in law, Associate Professor, opklex@mail.ru

Potapov A.V., head of corporate governance Department of the UEC JSC, postgraduate student of the Department of Labor Law of the Faculty of Law of the Lomonosov MSU, opklex@mail.ru

Abstract: Based on the current legislation, the article analyzes certain problems of pension provision for military personnel, in particular, analyzes changes in legislation regarding the obligations of military pensioners from among lawyers for compulsory pension insurance and the problems of exercising their right to simultaneously receive a seniority pension and an old-age pension, make proposals on improving legislation.

Keywords: military pensioners, pension insurance obligations, insurance contributions, pension provision for military pensioners.

 

9.  Development of US military law and legislation: concept, approaches and methods.

A.V. Kudashkin, Doctor of Law, Professor, opklex@mail.ru

N.N. Melnik, 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 deals with the development of military law of the United States law, including through its codification. The development of Russian military law is being carried out in a similar manner, but there are special features of this branch of the law, the basis of which is determined by the interaction between policy and military strategy, Strategic planning in the area of national defence and military security.

Keywords: voennoe pravo USA, kodifikaziya, predmet, metod.

 

10. The system of rating assessment of the personnel of the armed forces of Russia as a tool for motivating official activity.

Zorin O.L., candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Abstract: This article discusses the planned System of rating assessment of the personnel of the Armed Forces of the Russian Federation, which, according to the developers, will allow not only to measure the individual rating of each particular serviceman, but also to perform a number of other tasks in the interests of commanders (chiefs), headquarters and military administration bodies, including the development of personnel decisions, as well as increasing interest in the effective and efficient performance of military service duties. The author focuses on the accounting of the data of this System when conducting the certification of military personnel.

Keywords: certification, personnel, military personnel, rating system, effectiveness, efficiency, motivation

 

11.  Responsibilities beyond competence (on the example of the interaction of military officials with contractors under economic contracts).

Glukhov E.А., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Abstract: the article analyzes the correlation of duties and competencies of military leaders in the field of interaction with contractors of military organizations. It identifies those areas of activity that are difficult for people who do not have the appropriate training to perform. Examples of judicial practice regarding the prosecution of officials for poor-quality organization of acceptance of completed works are given. The causes and conditions of management defects in this area of relations are identified, proposals are made to eliminate them.

Keywords: commander's powers, impossible duties, delegation of authority, construction work, negligence, budget overpayments, management defects, contract with a military organization.

 

12.  Implementation of federal state control (supervision) over private security activities in the Russian Federation, as one of the main tasks of Rosgvardiya.

Nazarova I.S., Head of the Department of Constitutional and Administrative Law of the Faculty (command) St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, Candidate of Law, Associate Professor,opklex@mail.ru

Abstract: The analysis of normative legal acts regulating the peculiarities of the implementation of private security activities is carried out. The judicial practice is summarized and the issues of interaction between the Ros Guard and the Ministry of Internal Affairs of Russia in this field of activity are investigated. The analysis of regulatory legal acts and judicial practice shows that the state quite clearly, and sometimes rigidly regulates the issues of private security activities, which is due to the special nature of this sphere regulated by Rosgvardiya.

Keywords: national guard troops, official, control (supervision), ros guard, private security activities.