THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6
ISSUE CONTENTS:
1. Principles of military law
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Annotation. One of the characteristics of any branch of law is its principles. And military law is no exception. The article analyzes the specific principles that characterize the branch of military law.
Key words: military law, principles, branch of law, unity of command.
2. Ethics of armed conflict with the participation of «autonomous reason»: problem-legal field
Begishev I.R., Candidate of Law, Honored Lawyer of the Republic of Tatarstan, Senior Research Scientist, Kazan Innovative University named after V. G. Timiryasov, opklex@mail.ru
Annotation. The paper examines a range of problems related to the ethical features of warfare with the participation of the so-called "autonomous mind" or autonomous combat robots. In the last period, scientific and technological progress has advanced far, as a result of which the military industry of advanced countries has been equipped with weapons that can not only effectively resist the enemy's army, but also independently make a number of decisions, perform combat missions assigned to them and demonstrate a high level of endurance. However, in parallel with this, the question arose about the ethical basis for the use of these autonomous combat vehicles, since, surpassing many times the human capabilities, they were still directed primarily against humans. Accordingly, the question of evaluating the ethical aspects of the possibility of using autonomous vehicles in armed conflicts and wars becomes quite relevant.
Keywords: ethics, law, robot, war, combat operations, autonomous robot, military robot, combat robot, artificial intelligence, robotics, digital technologies, digital economy, killer robot, autonomous weapons system, lethal autonomous weapons.
3. On harmonization of legal acts of military planning in the Russian Federation
Shnyakina, Т. S., candidate of law, assistant professor of the 25 Department, Military University, opklex@mail.ru
Slivkov, A. S., candidate of law, head of the 25 Department, Military University, opklex@mail.ru
Abstract. Based on the analysis of the current legislation, the article raises questions about some inconsistency of the main legal acts governing relations in the field of national defense and state security, in particular in the field of military planning in the Russian Federation, and also offers some numbers of areas for their harmonization.
Keywords: national security, national defense, state security, strategic planning, military planning, military construction, acts of state administration, legal acts, coherence of forces and means, harmonization of law.
4. On the duality of legal regulation of some aspects of the activities of federal executive bodies as a result of their transformation (on the example of the Federal Service of the National Guard of the Russian Federation).
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 Justice, opklex@mail.ru
Resume: Modern Russian reality is characterized by a permanent process of the emergence of new state structures as a result of the reorganization (transformation) of the existing ones. In order to avoid a legal vacuum resulting from such changes, the regulation of the activities of the newly formed state body is carried out by the previous regulations. Gradually, there is the adoption of regulations designed to carry out legal regulation of the new body. Along with this, there remains an array of not canceled normative legal acts that have legal significance, which regulated legal relations in the sphere of activity of the transformed structure.
The article, using the example of the Federal Service of the National Guard Troops of the Russian Federation, examines the issues of the legitimacy of these regulatory legal acts in relation to a state body that arose as a result of the transformation. It is noted that at the legislative level, in addition to direct cancellation, there is no normative consolidation of the procedure for recognizing an act as invalid. In the theory of law, in relation to the situation under consideration, there is no consensus as to when a normative legal act is considered to have lost its legal meaning. In practice, however, the recognition of a particular normative legal act as not subject to application is often determined only by an oral informal agreement between the participants in legal relations. It is concluded that the current situation violates the principle of legal certainty and gives rise to double law, entailing arbitrariness, since each of the subjects of legal relations, at its own discretion, will consider the norm to be applied that it considers optimal for itself. Thus, there is an urgent need to carry out comprehensive work on monitoring such regulatory legal acts and invalidating those of them that are redundant.
5. On the right of officers to study at a civilian educational institution
Neverov A.Ya., Lieutenant Colonel, Candidate of Law, Associate Professor, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, opklex@mail.ru
Additional material incentives civilian personnel of the Armed Forces of the Russian Federation: problems of law enforcement and judicial practice
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 author considers the problems of legal regulation of the procedure for paying additional material incentives in the form of bonuses to the civilian personnel of the Armed Forces of the Russian Federation in accordance with the order of the Minister of Defense of the Russian Federation No. 1010 of July 26, 2010, as well as the peculiarities of judicial practice in disputes arising from these relations.
Key words: employees, bonuses, additional financial incentives, powers, average salary, court.
6. On the practice of application by military courts of the requirements of criminal procedure legislation
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 examines some cassation and appeal decisions, which make it possible to identify some problems and determine trends in the application of legal norms in resolving such problems as changing charges in court proceedings, announcement of a verdict, consideration of criminal cases in a special procedure of court proceedings, and a number of others.
Keywords: judicial practice of military courts, criminal procedural legislation, accusation, sentence, special procedure for trial
7. Modern Threats and Challenges to International Maritime Security
Kholikov I.V., Doctor of Legal Sciences, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Frantskevich M.S., Research Fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The article deals with the concept of international maritime security law, reviews the main threats, connected with piracy and maritime terrorism. Special attention is paid to the assessment of these threats, as well as to measures to counter them, including both the use of maritime military forces and private maritime security companies. The authors provide a reasoned argument for the seriousness of the threats posed by international terrorist organizations, particularly Al-Shabaab. Conclusions are substantiated on the significant role played by international organizations such as the UN and IMO in shaping the international legal framework and the further development of mechanisms and forms of cooperation of states in combating threats to international maritime security.
Keywords: provision of international maritime security, threats, sea piracy, UN Security Council, International Maritime Organization, sea terrorism, “Al-Shabaab”.
8. On the issue of improving the legal basis for the use of weapons by military personnel
Faiskhanov R.R., Graduate student of the Department of Administrative and Municipal Law of the Saratov State Law Academy, opklex@mail.ru
Abstract: The article discusses the legal basis for the use of weapons by military personnel. A number of legislative and other normative legal acts in this area are analyzed. A gap has been identified on the issue of normative consolidation of the concepts of "use" and "use" of weapons. It is established that there is no uniformity in the use of concepts regulating the use of weapons by military personnel. Amendments and additions to the general military regulations of the Armed Forces of the Russian Federation are proposed to fill the existing vacuum.
Keywords: use of weapons, use of weapons, military service, general military regulations, Rosgvardiya.
9. Some proposals for bringing the structure of the military organization of the state in accordance with the assigned tasks (or about military service in fire-fighting formations)
Glukhov E.Al., Military University of the Ministry of Defense of Russia, PhD in law, Associate Professor, opklex@mail.ru
Shenshin V.M., Associate Professor of the Saint Petersburg University of the Ministry of Emergency Situations of Russia, PhD in law, opklex@mail.ru
Ivanov V. Yu., Associate Professor of the Military University of the Ministry of Defense of Russia, PhD in law, opklex@mail.ru
Abstract: In the present article, the authors question the established practice of giving the status of military personnel to some employees of the Federal Fire Service of the EMERCOM. The authors propose to distinguish between military and other types of public service on the basis of the tasks performed and the methods of their implementation. The nature of the official activities of firefighters in the EMERCOM system allows us to conclude that the introduction of military personnel into their structure is unjustified in terms of the functions they perform.
Keywords: EMERCOM of Russia; military service; fire, status of a firefighter, regulation of public service, types of service.
10. The fifth wheel in the carriage of the past (on the role of artificial intelligence in the activities of the ECHR)
Skovorodko A.V., candidate of the Postgraduate School of Law of the National Research University "Higher School of Economics". Address: 20 Myasnitskaya str., opklex@mail.ru
Abstract. The article is devoted to the analysis of modern innovative opportunities for the use of artificial intelligence technologies in the activities of the European Court of Human Rights.
The author, based on personal practical experience and analysis of relevant judicial practice, suggests that the Strasbourg Court is lagging behind in using the achievements of scientific progress for the benefit of the applicants, leading to significant violations of the rights of the latter (which was clearly manifested during the COVID-19 pandemic), as well as to undermining the authority of this organization.
Keywords: rule-making process, case law, monitoring of law enforcement, scientific progress, artificial intelligence, European Court of Human Rights, risks of rights violations, inaction of the ECHR, transformation of law, COVID-19 pandemic.
11. On the right of officers to study in a civilian educational institution
A.Y. Neverov, Lieutenant Colonel, Candidate of Law, Associate Professor, Russian Academy of National Economy and Public Administration under the President of the Russian Federation; e-mail: neverov.aya@kurg.ranepa.ru
Abstract. The author examines the problem of normative legal regulation of the implementation of the right of officers to study in a civil educational organization. The author comes to the conclusion that the consolidation of the multi-level system of higher education in the legislation, in the absence of a normative fixation of the ratio of levels among themselves, entailed a discrepancy and misinterpretation of these categories. Moreover, the reference norm of the law on the status of military personnel, which regulates the establishment of the procedure and rules for training military personnel in civilian educational organizations by a by-law, led to an incorrect interpretation and, as a consequence, to a restriction of the right of military personnel to receive education.
Key words: the right to education, educational organization, status of military personnel, officer, study leave, levels of education.