THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12


 ISSUE CONTENTS:

 

1. Current trends and topical issues of legal support for the implementation of the state policy of technological cooperation in the field of military-technical cooperation.

Asanov R.V., Head of the Intellectual Property Results Management Group of Rosoboronexport JSC, opklex@mail.ru

Abstract. The main theses of Russia's policy on modern challenges in the field of military-technical cooperation in order to strengthen the competitive positions of Russian enterprises are outlined.

Keywords: military-technical cooperation, military law, legal support

 

2.  International humanitarian law and the law of armed conflict: issues of correlation.

Batyr V.A., Cand. Sci. (Law), Professor, Professor of the Department of International Law of the Kutafin Moscow State Law University (MSAL), opklex@mail.ru

Review. In the article, from the point of view of modern international law, doctrinal discussions on the use of the terms "international humanitarian law" and "law of armed conflict" are considered; the author's judgment is expressed that the use of these terms in the system of Russian military law is counterproductive; based on the analysis of the norms of international law and Russian military legislation, the author's concept of the limits of normative legal acts in time, in space, in a circle of persons is proposed; it is indicated that the effect of the norms of military legislation in time (ratione temporis) allows us to distinguish "peacetime law", "law of crisis situations" and "wartime law"; the author's concept of the substantive content of "wartime law" as a set of legal norms and institutions regulating relations related to the lawful use of armed violence by the state, as well as the protection of victims (civilians, wounded, sick, prisoners of war) during international armed conflicts is presented; it is emphasized that the limits of the norms of "wartime law" in space (ratione loci) are defined as "theater of war" or "theater of military operations"; It is noted that the effect of legal norms on the circle of persons (ratione personae) makes it possible to distinguish participants in armed conflicts, victims of war (armed conflicts) and non-combatants, whose legal status should be legislated.

Keywords: international humanitarian law, law of armed conflicts, operational law, military law, peacetime law, law of crisis situations, wartime law, combatants, victims of armed conflicts, non-combatants, theater of war, theater of military operations.

 

3.  Supply of the army and navy: civil aspects.

Belyaeva O.A., chief researcher at the Department of Civil Law and Process, Head of the Department of Private Law Disciplines, of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Doctor of Law, Professor of the Russian Academy of Sciences, opklex@mail.ru

Summary. The author analyzes the legal nature of relations developing in the field of state defense order, formulating a judgment on their multicomponence. The author distinguishes between segments of this relationship relating to financial, administrative, military and civil law. On the example of pricing in the state defense order, the article demonstrates the thesis that the private legal method of regulation prevails in relations between the supply of the army and the navy, military departments should contract with the entire market and take into account the freedom of this market.

Key words: state defense order, pricing, military-industrial complex, accompanied transactions, cooperation of the head contractor.

 

4.  Extraterritoriality of military legislation: concept, principles, practical application in the Armed Forces of the Russian Federation.

Bogdanov S.L., Senior Researcher, Military General Staff of the Armed Forces of the Russian Federation, opklex@mail.ru

Abstract. The article considers certain aspects, concepts of the general principles of extraterritoriality of military legislation, from the perspective of practical application in the Armed Forces of the Russian Federation, in the context of foreign experience.

Keywords: Armed Forces, Russian Federation, SAR, United States, special operations Forces, international law, organizational problems, military operations other then war.

 

5. On the question of the concept of military law as an independent branch of law.

Bruyako A.N., Head of the cycle of state and Legal Disciplines of the 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, opklex@mail.ru

Pavlyushchik S.V., Associate Professor of the cycle (Civil Law and Criminal Law Disciplines of the 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 reserve, opklex@mail.ru

The article discusses the need to allocate military law in the system of law of the Republic of Belarus. On the basis of historical-legal and comparative analysis, the conclusion is substantiated that military law is an independent branch of law, topical issues of its development are raised.

Keywords: subject and method of legal regulation, branch of law, military law, military legal norm, military sphere, military activity of the state, military security, military administration, military construction.

 

6. The concept of "soft law" and the risks of its use in the field of military law.

Gruzdev V.S., senior Researcher at the Institute of State and Law of the Russian Academy of Sciences, сhairman of the Board of the Russian Bar Association, member of the Military Law Department of the Academy of Military Sciences, candidate of Law, opklex@mail.ru

Abstract. The article discusses the concept of "soft law" in relation to military law, as well as the risks of applying the concept from the perspective of national security of the Russian Federation.

Keywords: military law, the concept of soft law, principles of military law, international humanitarian law, law of armed conflict.

 

7.  Issues of legal support of information security in the context of new challenges and threats.

Duben A.K., Junior Researcher Institute of State and Law Russian Academy of Sciences, opklex@mail.ru

Annotation. The work is devoted to the actual problems of legal regulation of relations in the field of information security. The regulatory framework in the field of information security in the field of defense is considered. The increasing role of information technologies poses new challenges and threats to the modern state, both from the external and internal sides. The relevance of this topic is due to the increasing activity of states in the global information space, as well as the actions of state services to ensure internal information security and organize cyber-attacks on the information infrastructure. The article analyzes the National Security Strategy in the field of information security, which determines the vector of development and improvement of the information space. It is concluded that technological progress due to the creation of the latest technological platforms and innovative technologies entails threats to personal, collective and national security.

Keywords: national security, information security, the right of access to information, information transformation.

 

8.  Military-criminal law as a sub-branch of military law: practical issues of implementing the approach.

Eermolovich Ya.N. Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», opklex@mail.ru

Annotation. The article examines the problematic issues of the correlation and interrelation of military and criminal legislation, the author formulates the problem of institutionalization of military criminal law, offers the author's vision of options for solving this problem.

Key words: criminal law, military criminal law, military law, military criminal law, criminal liability, military personnel, violation of special rules, special subject, crimes against military service.

 

9.  About legal instruments of "cyber-support".

Komov S.A., Chief Researcher, Research Institute (IB) of the Military Academy of the General Staff of the Armed Forces of the Russian Federation, opklex@mail.ru

Abstract. The article discusses the legal instruments of "cyber-support", based on modern international experience, approaches, problems, aspects of practical implementation in the legislation of foreign countries.

Keywords: IHL, Russia, USA, international law, cyberattacks, cyberweapons, cyber support.

 

10.  On some issues of the military occupation regime.

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

Sokolova E.V., Senior Lecturer of the Department of Civil Engineering the rights of the Military University named after the рrince Alexander Nevsky Ministry of Defense оf the Russian Federation, opklex@mail.ru

Annotation. The article examines the theoretical and legal foundations of military occupation as an institution of international humanitarian law, makes proposals to clarify the concept of military occupation contained in the Manual on International Humanitarian Law, proposes the adoption of a special normative legal act on military occupation.

Keywords: military occupation, armed conflict, international humanitarian law, principles of military occupation

 

11. The law of armed conflicts – the core of military law: problems and relevance of modern Research.

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

Abstract: The main results of the fundamental research are summarized, which are reflected in the published first volume of the monograph "Military Law"

Keywords: law of armed conflicts, military law, branch of law.

 

12.   On the relevance of the issue of expanding the scope of military law research.

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

Abstract. The article considers some issues relating to the relevance of expanding the scope of the subject of research in the field of military law, through the introduction of changes in the name and passport of the specialty 20.02.03. "Military law, military problems of international law". The arguments justifying this proposal are presented, on the example of legislative, some elements of the military organization of the state, tasks in the field of ensuring security of the Russian Federation, as well as characteristic trends and changes in the current political-military situation.

Keywords: military law, security, military security, military organization of the state, military construction.

 

13. Legal regimes for the new weapons and weapons systems use.

Sinyaeva N.A., Degree, academic rank: Ph.D., Associate Professor Position: Head of the Department of Constitutional (State) and International Law Place of work: Federal State Public Military Educational Institution of Higher Education Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract. In author`s view, there are some legal regime's items in terms of new weapons and technologies that should be treated. The author notes that the development and use of autonomous weapons systems, nanotechnologies, and quantum technologies undoubtedly raises serious social, legal, and ethical concerns. In the article, the author focuses on the analysis of new weapons use and the principles of international humanitarian law, which they must comply with when they are possibly used as weapons. By the way, the author pays special attention to the effective person's control over new weapons use. It should be closely related to its predictability and reliability. There must be strict operational restrictions on the task, the targets, the operational situation, geographical space and operating time, as well as the person's ability to control the weapons system work, and the ability to disable it if necessary.

Keywords: autonomous weapons systems, nanotechnologies, quantum technologies, proportionality, national security, international humanitarian law.

 

14.  The evolution of Russian military law in the national security system.

Taradonov S.V., Sc. Law, professor of the Theory and History of State and Law Department of the Military University, opklex@mail.ru

Annotation. This article attempts a theoretical understanding of the concept of «military law» evolution, determining its place and role in the system of ensuring national security, suggests ways of further development of military law.

Keywords: military law, subject of legal regulation, systematization of military law, codification of military law, trends in the evolution of military legal science.

 

15.  On the legal regulation of new approaches to military organizational development, taking into account the international situation.

Kharitonov S.S., Professor of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, Candidate of Legal Sciences, Professor, opklex@mail.ru

Resume. The article examines some issues of improving the legal regulation of military development, primarily in relation to the activities of military courts in connection with the increased tension in international relations.

Key words: military construction, military service, military courts.

 

16. Current issues of legal support of the defense and security assets of Russia in modern challenges and threats.

Kholikov I.V., Doctor of Law, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. The article considers the reasons and consequences of international tension increase, the issues of countering the new, multi-vectoral threats to national and international security. The necessity of scientific legal support of the development of military science and professional education in the sphere of national defence and security provision is stipulated. The current legal aspects of defence organization of Russia are studied, the measures to improve the legal support of defence and security assets are offered taking into account the necessity of combined resistance to both military and non-military threats in military and peace time.

Keywords: threats, national security, legal support of defence and security assets, military-legal science.