THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. Peacekeeping operations with the participation of Russian military contingents: legal problems and solutions.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Melnik N.N., Honorary Lawyer of Russia, opklex@mail.ru
Annotation. The article substantiates the need for the development and adoption in Russia of the doctrine of the operational law of peacekeeping operations, which will be one of the sources of the institute of peacekeeping operations as part of the sub-branch of the law of armed conflicts of the branch of military law of Russia
Key words: military law, doctrine of peacekeeping operations, law of armed conflicts, legal institution.
2. The of autonomous systems' impact on human rights in armed conflict.
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, opklex@mail.ru
Abstract: This article analyzes the possible legal consequences of the autonomous weapons systems use in armed conflicts from the viewpoint of international humanitarian law. The author's opinion is that only complete exclusion of the human factor as a fundamental basis, the principles of international humanitarian law are called into question. The legal consequences of transferring the decision to kill from a person to autonomous machines is the main question in the article. Any use of military equipment, which involves excluding a person from the decision-making cycle is potentially dangerous. The author argues that autonomous weapons systems (AWO) should be allowed to use only with meaningful human control over the most important decisions, primarily the decision to use deadly force.
Keywords: human factor, robotic warfare, risk of harm, autonomous weapon systems, artificial intelligence, drones, decision-making cycle.
3. Ensuring military security within politico-legal institute: its content, internal structure.
Verbitskaya T.V., Lawyer, Master in International Relations, Research Fellow, Sverdlovsk Region State Archive, opklex@mail.ru
The author studies feature of instruments aimed at protecting state sovereignty from military threats. It is defined that the totality of such instrument’s forms specific politico-legal institute of ensuring military security. The study establishes that since the instruments for ensuring military security are different in nature, the functioning of a mechanism aimed to combine these instruments in use is important to ensure their application consistency within the framework of a comprehensive political and legal institute. Using the definition of the concept, a sign of a political institute, the author characterizes peculiarities of political relations aimed at ensuring country defense. The study of norms regulating the status of government bodies, military personnel and the conditions for the use of the armed forces highlights the specifics of activities to protect the country from military threats through the functioning of a legal institute. The combination of the characteristic features of political and legal institute contributes to the definition of signs of ensuring military security as an integrated political and legal institute. The author comes to the conclusion that, despite the difficulties in combining both political and legal instruments for ensuring military security, the functioning of an integrated political and legal institute will make the effectively protection of state national interests and its sovereignty from threats possible. The study of the features of such complex institute will contribute to the enrichment of political science and jurisprudence equally.
Keywords: complex politico-legal formation, power relations, protection of sovereignty, state security, institute, defense of the country.
4. On issues of military service in the context of the requirements of legality (based on the materials of judicial practice).
Efimkin Y.S., Colonel of Justice of the Reserve, opklex@mail.ru
Kharitonov S.S., Colonel of Justice of the Reserve, Candidate of Legal Sciences, Professor, opklex@mail.ru
Resume: Based on examples of judicial practice, the author examines the issues that most often arise in military-administrative relations in the implementation of legal norms in the process of actions of the command in the implementation of the requirements for military service. Evaluation of examples allows us to see the details and particulars of legal regulations, the ignoring of which leads to the violation of the rights of military personnel.
Key words: military service; serviceman; military courts; legality.
5. Representation in arbitration courts: changes in the practice of application.
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, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article discusses the problems of implementation of professional representation in arbitration courts, as well as the position of the constitutional Court of the Russian Federation changed the judicial practice in establishing conditional admittance as a representative in the arbitration process persons with higher legal education or a degree in the legal profession.
Key words: representative, arbitration court, higher legal education, qualified legal assistance.
6. Insurance of military personnel and employees of the National Guard of the Russian Federation: features of law enforcement practice.
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, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Shenshina L.A., Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, candidate of pedagogical sciences, opklex@mail.ru
Abstract: military personnel (employees) of the National Guard troops are subject to mandatory state personal insurance at the expense of the federal budget; in the event of death (death) that occurred during the performance of their duties of military service (service), or their death, family members are paid in equal shares a one-time allowance; in case of early dismissal personnel (employees) (citizens called for military training) military service (service) (military training) in connection with the recognition of their worthless for military service (service) owing to a mutilation (wound, trauma, contusion) or disease received in the performance of duties of military service (service), they are paid a lump sum; damages caused to military servicemen (employees), in the performance of duties of military service (services) shall be compensated at the expense of the Federal budget.
Keywords: insurance; one-time allowance.
7. Some conclusions from the arbitration and judicial practice related to the transportation of goods by rail in the interests of the Ministry of Defense of the Russian Federation.
Vasiliev A.V., Deputy head of the Legal Department of Russian Railways, post-graduate student Of the Russian University of transport, opklex@mail.ru
Koryakin V.M., doctor of law, Professor, head of the Department "Civil law, private international law and civil procedure" «Russian University of transport», opklex@mail.ru
Annotation. The article deals with the issues of providing and preparing railway rolling stock for Annotation. The article examines controversial issues that arise when considering the arbitration courts in civil cases involving claims of the defense Ministry of Russia of JSC "RZD" related to late delivery of military cargo in Russia's Railways to meet the needs of military organizations. It is shown that the basis of the emerging conflicts is the difference in approaches to determining the amounts of claims: the Ministry of Defense of the Russian Federation, as a customer, is guided by the legislation on the contract system, since transportation is carried out in order to meet state needs; The carrier-JSC "Russian Railways" - proceeds from the norms of the Civil Code of the Russian Federation and the Charter of Railway Transport of the Russian Federation. As follows from the judicial practice, the courts in such disputes support the position of JSC "Russian Railways".
Keywords: military and special transportation; railway transport; military cargo; state contract; cargo transportation contract; collection of penalties, fines, penalties for violation of the terms of cargo delivery.
8. On the practice of imposing criminal punishment by military courts: punishment must be fair.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Legal Sciences, Professor, opklex@mail.ru
S.N. Sharapov, Colonel of Justice of the Reserve, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Resume: The article discusses cassation and appeal decisions, which allow us to see, identify some problems and determine the trends in the application of legal norms in terms of the appointment of criminal punishment. The need to comply with the requirements of the law on a strictly individual approach to sentencing was noted
Keywords: judicial practice of military courts, sentencing, differentiation of punishment, individualization of punishment, criminal responsibility of military personnel
9. Legislative problems of terminological uncertainty of the use of weapons by military personnel in the performance of service and combat tasks.
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 provides a systematic interpretation of the normative legal acts of the Russian Federation that define the procedure and grounds for the use of weapons by military personnel in the performance of service and combat tasks. It is noted that the current legislation has different approaches to the definitions of "use of weapons" and "use of weapons" that underlie the legality of its use: from recognizing one concept as common to another, to identifying them. Such terminological discrepancies lead to a different legal assessment of the same actions of military personnel, depending on their departmental affiliation, give rise to an unnecessary conflict between laws and bylaws, and in addition, characterize the conditions underlying the legality of the use of weapons in different ways, and as a result, the occurrence of criminal liability for violating the conditions of their use. The authors come to the conclusion that it is necessary to give an independent meaning to each term and to amend the current legislation in this regard.
Key words: the use of weapons, the use of weapons, the legality of the use of weapons, criminal liability, terminological uncertainty.
10. The right of postgraduates to retain a deferral from conscription for military service when changing the place of study.
Sokolov Y.O., lawer,opklex@mail.ru
Resume. The article deals with judicial practice in cases of challenging the refusal to grant deferrals from conscription to graduate students who have changed their place of study.
Keywords: conscription, draft board, postponement, postgraduate study, educational organization, translation.
11. Legal communication of garrison military courts, military units and military administration bodies: specifics and problems of definition.
Tuganov A.Yu., lawyer, opklex@mail.ru
Abstract: The interaction of garrison military courts, military units and military organizations is studied, using the example of security agencies. The article analyzes the relationship between the implementation of the administrative and organizational powers of the chairman of the garrison military court and the activities of military units during extraordinary administrative and legal regimes. Legal definitions are proposed.
Keywords: armed forces, security agencies, military units, garrison military court, chairman of the court, interaction.
12. Implementation of measures of legal and social protection of servicemen, citizens dismissed from military service, and members of their families: on the problem of normative legal regulation of the duties of federal courts of general jurisdiction.
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
Naumov P.Yu., Candidate of Pedagogical Sciences, Assistant to the Head of the Federal State Budgetary Institution "Center for Military Medical Expertise of the Troops of the National Guard of the Russian Federation" for legal work, opklex@mail.ru
Yengibaryan G.V., Officer of the Department of the Treaty and Legal Department of the Federal Service of the National Guard of the Russian Federation, opklex@mail.ru
Laptev A.A., Candidate of Pedagogical Sciences, Lecturer at the Department of Constitutional and Administrative Law Federal State Educational Institution of Higher Education “Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation ", opklex@mail.ru
Annotation. In the article, on the basis of a comprehensive method of scientific research, the problem of imposing the responsibility for the implementation of measures of legal and social protection of servicemen, citizens discharged from military service, and their family members on federal courts of general jurisdiction is considered. Based on this, the provisions governing the activities of the courts are studied, as well as with the fact that the courts of general jurisdiction are for state bodies and what powers they exercise in the framework of legal proceedings. It is established to what extent federal courts of general jurisdiction are responsible for the implementation of measures of legal and social protection of servicemen, citizens dismissed from military service, and members of their families, as well as the fact that the courts in which a criminal case is being processed are obliged to provide servicemen with legal help.
Key words: servicemen; social guarantees; the status of military personnel; federal courts of general jurisdiction.