THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
1. Issues of science and technology in the subject of military law.
Gabov A.V., Institute of State and Law of the Russian Academy of Sciences, email@example.com
Abstract. Scientific and technological progress is the engine for the development of military affairs. The military doctrines of both Russia and other states associate the emergence of new types of weapons that can significantly change the strategic balance with advances in science. In connection with discussions about the subject of military law, the author analyzed how issues of creating new types of weapons should be taken into account within the framework of this subject. The author believes that considering these issues through the prism of the norms of international humanitarian law (which is often done) is not correct, since with this approach, issues of national security can be significantly affected. It is these issues - national security - that should take precedence. An appropriate approach must be implemented in the design of the subject of military law. The issues raised are investigated by the author on the example of a discussion on the development and use of autonomous weapons systems.
Key words: military law; defense; weapons; the science; scientific and technical progress; autonomous weapons systems; robots.
2. The genesis of Russian military law after Peter the Great period (1725 – 1812).
Taradonov S. V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University; the docent of civil law, international private law and civil procedure, Russian University of transport cand, firstname.lastname@example.org
Annotation. The article examines the establishment process and legal formalization of the norms of Russian military law after Peter the Great period (1725 – 1812). The author covers a significant layer of normative sources, analyzes the reasons for their adoption, the nature and goals of legal regulation. Special attention is paid to the stages of building the military organization of the Russian state, the procedures for recruiting troops, methods and means of ensuring law and order in the troops.
Keywords. military law; sources of military law; Russian military legislation; military organization; military construction; recruitment of the army; military relations, responsibility for military offenses.
3. The performance of military service duties by military personnel or the performance of their official duties? To the analysis of legal regulation.
Bolshakova V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Constitutional and Administrative Law, Nizhny Novgorod Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, email@example.com
Naumov P.Yu., Candidate of Pedagogical Sciences, Assistant to the Chief
FGKUZ "Center for military medical expertise of the troops of the National Guard of the Russian Federation" for legal work, firstname.lastname@example.org
Shmatkov R.N., Candidate of Physical and Mathematical Sciences, Associate Professor, Deputy Dean of the Correspondence Faculty of the Siberian State Transport University, email@example.com
Abstract. The article provides a comparative legal study of the legality of the use of the formulations "performance of military service duties" and "performance of official duties" in relation to military personnel in the legislation on military duty, military service and the status of military personnel. It is noted that the wording "performance of official duties" applied to military personnel is not legally and technically accurate, since it belongs to a different category of federal civil servants - employees of the internal affairs bodies, employees of enforcement bodies, employees of the penal system, employees of the national guard troops and other persons, albeit close in their legal status, but who are not military personnel.
Key words: federal state service; military service; fulfillment of duties of military service; performance of official duties; military personnel; employees of the internal affairs bodies.
4. Pension provision for military personnel during the period of the Provisional Government and the formation of Soviet power (1917-1919).
Savin I.G., Professor of the Department of Humanities and Natural Science Disciplines of the RGVVDKU, Candidate of Legal Sciences, Associate Professor, firstname.lastname@example.org
Abstract. The article deals with the issues of legal regulation of pension provision for military personnel of the Russian Army and Navy during the period of the Provisional Government (1917), as well as military personnel of the Workers 'and Peasants' Red Army and the Workers 'and Peasants' Red Fleet in the period from 1917 to 1919.
Keywords: Pension provision for military personnel and members of their families, the Provisional Government, military conscripts, the Workers 'and Peasants' Red Army, Decrees of the Soviet Government
5. Modern military criminal law in the legal system: institutionalization problems.
Sharapov S.N., Colonel of Justice of the Reserve, Candidate of Legal Sciences, Associate Professor, Professor of the Department of Criminal Law of the Military University, email@example.com
Resume. The article examines a number of topical problems in the field of military criminal law: the history of military criminal law and its significance for the development of military legal science; military criminal law in the system of modern domestic law; the ratio of military criminal law and military law, military criminal law in the theory of criminal and military law.
Keywords: military criminal law, military criminal legislation, system of law, branch of law, sub-branch of law, institution of law.
6. On the content of preventive measures: material and procedural aspects from the standpoint of the practice of military courts.
Kharitonov S.S., Candidate of Legal Sciences, Professor, firstname.lastname@example.org
Vorobiev A.G., Candidate of Legal Sciences, email@example.com
Resume: The article examines a number of legal prescriptions of the criminal procedure legislation in terms of the selection by the court of measures of restraint, including in the form of detention, extension of the term of detention. The article analyzes the judicial practice of military courts related to the application of preventive measures.
Key words: preventive measures, detention, house arrest, military courts.
7. The specifics of the application of the provisions of the Institute of Necessary Defense in the activities of military personnel.
Merkuriev V.V., Doctor of Law, Professor, firstname.lastname@example.org
Tarakanov I.A., Candidate of Legal Sciences, Associate Professor, email@example.com
Annotation. The article examines the features of the application of the provisions of Article 37 of the Criminal Code of the Russian Federation in the activities of military personnel associated with the suppression of socially dangerous encroachments, as well as the specifics of securing the right to necessary defense in regulatory legal acts regulating the features of military service.
8. On the issue of improving the system of punishments and the use of criminal penalties by military courts in wartime.
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice (retired), firstname.lastname@example.org
The article: The article deals with some topical issues of improving the system of punishments and the application of criminal penalties by military courts in wartime.
Key words: military courts, justice, punishment, reprieve, military personnel, wartime.
9. The civil law institution "unjustified enrichment" and the specifics of its application to military personnel.
Koryakin V. M., Doctor of Law, Professor, Head of the Department "Civil Law, Private International Law and Civil Procedure" of the Russian University of Transport (RUT (MIT)); Professor of the Military University, email@example.com
Annotation. The article is a scientific and practical commentary on the Decision of the Constitutional Court of the Russian Federation No. 8-P of March 26, 2021. This document sets out the legal position of the supreme body of constitutional control on the issue of the possibility of attributing incentive payments mistakenly paid to military personnel to the civil category of "unjustified enrichment" (Chapter 60 of the Civil Code of the Russian Federation) and therefore subject to return. It is proved that the incentive payment established by the order of the Minister of Defense of the Russian Federation of July 26, 2010 No. 1010, is an integral part of the monetary allowance and therefore, if this payment is made in the absence of bad faith on the part of the recipient and an accounting error, it is not refundable.
Keywords: unjustified enrichment; monetary allowance of military personnel; incentive payments to military personnel.
10. Counting error as a basis for recovery from military personnel and persons dismissed from military service, cash as unjust enrichment.
Zaykov 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, firstname.lastname@example.org
Annotation. In the article, the author analyzes the problems of applying the institute of counting errors in the framework of unjustified enrichment, which is used as a basis for collecting money paid to military personnel and persons dismissed from military service in connection with their military service. Different approaches to the interpretation of the counting error and the prospects for the development of the legal institution under study are revealed.
Key words: military personnel, monetary allowance, counting error, unjustified enrichment, recovery.
11. Ensuring the rule of law by the military police of the Armed Forces of the Russian Federation as the main element of the content of law enforcement activities.
Mintyagov S.A., Major of Justice, Head of the Training Unit - Deputy Head of the Military Training Center at the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), email@example.com
Abstract. The article analyzes the law enforcement functions of the military police of the Armed Forces of the Russian Federation, on the basis of which the author has developed scientific ideas about its essence and content. This activity has law-enforcement nature, is carried out within the competence granted to the military police, in order to protect the life and health, rights and freedoms of servicemen, civilian personnel, to maintain military law and order and discipline, as well as the safety of military property from illegal encroachments by applying to offenders measures of legal action. At that, it is important that the law-enforcement functions of the military police should be of paramount importance in relation to others.
Besides the implemented classification of military police functions on law enforcement as a basis of law enforcement activity will allow more effective use of received knowledge in educational process at studying of bases of activity of the structure.
Key words: military police; legality; functions; law enforcement activity.
12. Administrative procedural actions in the activities of officials of border authorities in the conduct of an administrative investigation in cases of administrative offenses.
Zakharov P.A., employee of the center of research of problems Russian Law Equitas, firstname.lastname@example.org
Annotation. In this article, based on the analysis of various theoretical and legal sources and individual judicial acts, an attempt is made to clarify the conditions for diagnosing an administrative investigation in the activities of officials of border agencies in the implementation of proceedings in cases of administrative offenses.
Key words: Administrative procedural action, a measure of ensuring the proceedings in a case of an administrative offense, administrative investigation, border authorities.
13. Military Law of Great Britain
Kudashkin A.V., Doctor of Law, Professor, email@example.com
Melnik N.N., Honorary Lawyer of Russia, firstname.lastname@example.org
Annotation. The article deals with the issues of military law of Great Britain, which is not codified and has not become a branch of law, analyzes the sources, subject and methods of legal regulation, as well as the doctrines of operational law of military operations, their role and significance.
Keywords: military law, Great Britain, international humanitarian law, subject, method, operational law, law of armed conflicts.
14. On some historical and legal aspects of the development of military-criminal legislation in Great Britain.
Vorobyev A.G., head of the department of criminal law, Military University of Defense Ministry, the PhD in Law, email@example.com
Annotation. The article examines the main stages of the development of British military criminal law in the context of the evolution of its sources, as well as taking into account the impact of a number of social, political and military factors. A new periodization of the history of British military criminal law is proposed.
Keywords: military law, military punishments, military prison, Armed Forces Act.
15. International legal regulation of military navigation in the Suez Canal.
Petrov O.Yu., Candidate of Legal Sciences, firstname.lastname@example.org
Abstract. The article deals with the international legal aspects of the implementation of the naval activities of states in the oceans, the requirements for the rapid movement of warships in the implementation of operations to counter terrorist threats, the rules of navigation of ships in the Suez Canal. The article analyzes the provisions of the Convention on Ensuring the Free Use of the Suez Canal of 1888, the status of the Suez Canal in international maritime law.
Modern international features of military navigation, the norms of international maritime law governing navigation in international channels, the features of military navigation in the Suez Canal.
Keywords: international maritime law, international conventions, warship, international terrorism, military conflicts, nationalization, Suez Canal, coastal States, peaceful passage, notification, rules of navigation in the Suez Canal.
16. On the need to delineate the competence to make decisions in the military administration system.
Glukhov E.A., Candidate of Legal Sciences, Associate Professor, Colonel of Justice, Military University of the Ministry of Defense of the Russian Federation, email@example.com
Abstract. The article examines the correlation of such concepts as the independence of a military chief and the duty of his unconditional subordination to a senior military leader. The author resolves this dilemma in favor of giving local commanders full authority and preventing the intrusion of officials of higher military authorities into their activities without essential necessity.
The author identifies the competence of a military official at each level of the management hierarchy. Due to the principle of unity of command, based on the hierarchical structure of the military organization, each military official has its own sphere of competence (subordinate unit or direction of activity), in which he is obliged to make decisions and implement them.
Keywords: management, military service, interference in competence, bureaucracy, independence, evasion of responsibility.
17. Implementation of the ban on the use of "smart" electronic products in military units located in closed military camps.
Izolitov A.S., Candidate of Legal Sciences, Associate Professor, firstname.lastname@example.org
Abstract. In this article, on the example of implementation of the prohibition established in the article 7 (1.3) of the Federal law «On the status of servicemen», the necessity to develop a legal regime for closed military towns is justified.
Keywords: closed military town, legal regime, ban on using mobile phones.
18. On the problem of the organizational and legal foundations for determining the structure of the military clergy in modern Russia. Part 1.
Ovcharov O.A., candidate of legal Sciences, email@example.com
Abstract. The article briefly examines and analyzes individual problems of improving legal work in the field of state-church relations when restoring the institution of military clergy in the troops, when forming its organizational structure in accordance with the requirements of state legislation and the regulations of religious associations, and suggests possible ways to solve them.
Key words: legal work, morale, servicemen's right to freedom of religion, military clergy, military service.
19. Correlation between administrative and jurisdictional activities and ensuring state and public security by Regardie.
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, Ph.D., Associate Professor, firstname.lastname@example.org
Abstract. State and public security and administrative and jurisdictional activities of the ROS guard are related as General and private. In comparison with administrative and jurisdictional activities, legislative regulation of state and public security is carried out by a significant number of regulatory legal acts that have different legal force. The author concludes that the object of national security is wider than the object of administrative and jurisdictional activity.
Keywords: administrative and jurisdictional activities; state and public security; Regardie; proceedings on administrative offenses.