THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
ISSUE CONTENTS:
1. About the order of use of the weapon and military equipment at protection of the state border of the Russian Federation in air space.
Shcherbak S. I., candidate of legal Sciences, associate Professor, opklex@mail.ru
Abstract: the article presents an analysis of the decree of the Government of the Russian Federation No. 201 of February 22, 2020, updating the procedure for the use of weapons and military equipment in the protection of the state border of the Russian Federation in the airspace, and proposals for its improvement.
Keyword: forces on duty; offending aircraft; use of weapons; order of use of weapons.
2. Some issues of the use of violence by military personnel of the National Guard troops while performing combat service to maintain public order and ensure security.
Popov A.A., Adjunct of the Department of Criminal Law of the Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. The article deals with the issues of forced issues of the use of violence against offenders when the military personnel of the National Guard troops perform combat missions when they fulfill the statutory tasks for the protection of public order and when ensuring public safety during joint patrols with the internal affairs bodies. The limits of the use of physical force, weapons and special means, the obligation to provide assistance to the victims are shown. Some proposals were made to improve legislation in this area.
Key words: troops of the national guard; self-defense limits; the use of physical force, special means; firearms; self-defense limit; protection of public order; surrounded by public safety.
3. Social partnership in the world of work with participation civilian personnel of the Armed Forces of the Russian Federation.
Zaikov D.E., Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure of the Law Institute of the Russian University of Transport, Ph.D., opklex@mail.ru
Annotation. The article, through the prism of a retrospective analysis, examines the Industry Agreement between the Professional Union of Civilian Personnel of the Russian Armed Forces and the Ministry of Defense of the Russian Federation for 2020-2022, which establishes social guarantees and benefits for civilian personnel. The innovations and existing shortcomings are analyzed.
Key words: civilian personnel, workers, trade union, labor relations, social partnership, industry agreement.
4. Medical institutions (military medical) the Armed Forces of the Russian Federation.
Bolshakova V. M., opklex@mail.ru
Engibaryan G. V., opklex@mail.ru
Naumov P. Y., opklex@mail.ru
The article analyzes article 17.1 of the Federal law of may 31, 1996 No. 61-FZ "Оn defense" on the basis of a comprehensive method of scientific research. Detailed scientific-practical commentary to the fact that the Federal legislator in the law governing the implementation of defense of the Russian Federation, has established provisions taking into account the specifics of medical care in medical institutions (military medical) the Armed Forces of the Russian Federation, other troops, military formations and bodies, taking into account characteristics of the solution of tasks on preparation for armed protection and armed protection of the Russian Federation. This article assumes the publication of normative legal acts at the level of the Government of the Russian Federation and Federal Executive bodies and Federal state bodies where, Federal law provides for military service.
Keywords: medical care; military personnel; medical support; wartime
5. Some aspects of the recognition of military personnel - citizens of the Russian Federation in need of living quarters in the light of the entry into force of the Government of the Russian Federation of October 30, 2020 No. 1768.
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, opklex@mail.ru
Annotation. In the article, the author considers the changes in the procedure for recognizing servicemen as needing living quarters, regulated by the Rules approved by the Decree of the Government of the Russian Federation of October 30, 2020 No. 1768.
Keywords. Housing registration, housing provision, living quarters, authorized body, Regulation No. 512, Regulation No. 1768.
6. Problematic issues of the subject and the subjective side of the crime under Art. 337 of the Criminal Code of the Russian Federation.
Stepanenko N.E., candidate of legal sciences, associate professor of the 29th department (criminal law) Military University, opklex@mail.ru
Adzhindzhal I.Z., 5th year cadet 8th (special) faculty Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Resume: the article examines certain issues that relate to the subject and the subjective side of the crime under Art. 337 of the Criminal Code of the Russian Federation.
Key words: unauthorized abandonment, military unit, place of service, status of a serviceman, servicemen doing military service by conscription or by contract, evasion from military service, criminal responsibility, guilt, motive, purpose, subject of crime, special features
7. Problematic aspects of the procedural procedure for initiating criminal cases under Article 337 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 of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru
Chukin D.S., Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard of the Russian Federation, Lieutenant Colonel of the Institute, opklex@mail.ru
Summary: the article analyzes the normative legal and interpretative acts of the Russian Federation, which determine the procedural procedure for initiating criminal cases on the fact of unauthorized abandonment of a military unit by a serviceman and putting him on the wanted list. The conclusion is made about the gaps in individual acts and the presence of contradictions between them, and recommendations for their improvement are given.
Key words: unauthorized abandonment of a unit, verification of a report on a crime, initiation of a criminal case, search for military personnel
8. Sources of German military law.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Melnik N.N., Honorary Lawyer of Russia, opklex@mail.ru
The article examines the issues of military law in Germany, its sources, the subject and method of regulation, as well as the doctrine of operational law of military operations, their role and significance.
Key words: military law, sources, Germany.
9. Modern aspects of the international legal regulation of military navigation aimed at preventing dangerous military activities of states in the World Ocean (brief analysis on the example of the incident in the Peter the Great Gulf).
Petrov O.Yu., candidate of legal sciences, opklex@mail.ru
Resume: the article, based on the example of incidents, examines modern international legal aspects of preventing dangerous military activities, entering the territorial waters of another state, preventing aggression in the implementation of naval activities of states in the World Ocean. The conclusion is substantiated that modern international law, international maritime law, national law, the existing regulatory framework, with the proper implementation of the established international rules, are aimed at preventing international military conflicts, aggression, and eliminating various maritime accidents and incidents.
The modern international aspects of the regulation of naval navigation, its increasing importance and intensity, require the crews of warships to strictly comply with the norms of international maritime law, national legislation aimed at preventing maritime accidents and incidents, exclude deliberate provocations of conflicts.
Based on modern examples of creating prerequisites for maritime accidents and incidents, a practical legal analysis of violations and their consequences for the safety of naval navigation is carried out, the deliberate illegal actions of the command of the US Navy warship, the consequences and possible measures of international legal responsibility for the manifestation of aggression are indicated.
Keywords: UN Charter, international law of the sea, international conventions, aggression, state border, territorial sea, internal waters, historical bays, violator, aggression, warship, international terrorism, responsibility in international maritime law, maritime accident, incident, ram, bulk, violator, use of weapons, state border protection, commander of a warship, dangerous military activity.
10. The history of military legal thought in the United States in the XIX century.
Kharitonov V.S., law student at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), opklex@mail.ru
Abstract. In this article are illustrated the main milestones of the formation of military justice by the example of the most prominent representatives of the American military law of the 19th century and a review of the key studies published during this historical period.
Keywords: military law, military justice, court martial, US army, US military law.
11. International humanitarian law, the law of armed conflict, operational law: a question in terms or their content?
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
The article deals with the controversial issues of the relationship between the concepts of "international humanitarian law", "the law of armed conflicts", "operational law". The conclusion is made about the existence of a sub-industry within the framework of the branch of military law, called "operational law".
Key words: military law, international humanitarian law, law of armed conflicts, operational law, correlation of concepts.
12. Powers of the Ros guard to attract guilty persons to an administrative fine in the framework of administrative and jurisdictional activities.
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia; Associate Professor at the Department of Criminal Law St. Petersburg University of the Ministry of Internal Affairs of Russia, PhD in Law, Associate Professor, opklex@mail.ru
Abstract: The author's attention is focused on the practice of application by officials of the Russian guard of the provisions of administrative legislation regulating the specifics of the application of an administrative fine as a type of administrative punishment. It is concluded that the existing procedure for imposing and collecting administrative fines does not fully provide adequate incentives for the prevention of administrative offenses; modern administrative policy does not fully correspond to the image of the rule of law state and has insufficient influence on the organization of counteraction to administrative tort.
Key words: administrative-jurisdictional activity; administrative fines; Regardie; manufacture on Affairs about administrative offences.