THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
1. Military-social law as a sub-branch of military law.
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, firstname.lastname@example.org
Annotation. The article considers the main criteria for classifying military law as one of the complex branches of the domestic legal system, and provides a scientific analysis of one of the most important sub – branches of military law-military-social law. The place and purpose of this sub-branch of military law in the legal support of the country's defense and military security of the state are shown, the main features of military-social law that allow us to talk about its institutionalization are clarified. The distinctive features of military-social law as an element of the general system of social security law are considered, the principles of military-social law are revealed, the subject of legal regulation of this half-branch of military law is shown.
Keywords: military law; complex branches of law; military-social law; social security law; social security; social and legal protection.
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, email@example.com
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. Waging Wars and Combat with Autonomous Robots: ethical and legal aspects.
Begishev I.R., Candidate of Law, Honored Lawyer of the Republic of Tatarstan, Senior Researcher at Kazan Innovation University named after V.I. V.G. Timiryasova, firstname.lastname@example.org
Annotation. At the present stage, the ethical problems of waging wars and hostilities with the participation of robots with artificial intelligence are becoming the subject of consideration by representatives of various sciences and directions. The main reason for this is the increase in the capabilities of these end-to-end digital technologies, taking into account the development of scientific and technological progress, as well as the global expansion of the possibilities and areas of application of artificial intelligence. Most authors ask questions: is it possible to equate the autonomy of robots and morality? How ethical would it be for robots to kill people in the event of organized warfare?
The range of problems associated with the issue under consideration is becoming especially relevant in the field of law, since the use of autonomous combat vehicles in the process of conducting hostilities can entail a number of legal and legal problems that directly violate world law and order and human rights. It is in the context of the relationship "ethics and law" that the problems of using autonomous combat vehicles can become quite acute, which in the absence of taking into account all the negative consequences of the use of autonomous robots in the framework of warfare can lead at least to the destruction of generally accepted moral and ethical principles and, as a maximum, to the destruction of humanity itself. In this regard, the author of this article conducts a study of the positions of Russian and foreign legal scholars regarding the ethical and legal aspects of using the potential of autonomous combat robots in the conduct of hostilities.
Keywords: ethics, law, robot, war, combat, autonomous robot, military robot, combat robot, artificial intelligence, robotics, digital technologies, digital economy, killer robot, autonomous weapons system, lethal autonomous weapons.
4. Punishment of military leaders for the misdemeanors of subordinates: social and legal aspect.
Glukhov E.A., Candidate of Law, Associate Professor, Doctoral student of the Military University, email@example.com
Annotation. The article analyzes the current law enforcement practice of bringing military leaders to disciplinary responsibility and dismissal for crimes and other offenses committed by their subordinates. The author analyzes some principles of bringing to legal responsibility and the norms of military legislation regarding the control and education of subordinates. The negative consequences of indiscriminate punishments are identified, and suggestions are made to improve disciplinary practices.
Keywords: commander (chief), misdemeanors of subordinates, punishment of the head, personification of responsibility, education of subordinates, control, impossible duties.
5. Features of the application of the legislation on administrative offenses in the field of military registration.
Sokolov Y.O., lawer, firstname.lastname@example.org
Annotation. The article deals with the practice of bringing conscripts to justice after making amendments to Articles 21.5-21.7 of the Code of Administrative Offences of the Russian Federation.
Keywords: conscription, draft board, failure to appear on a summons, evasion of a medical examination, administrative liability, fine.
6. Modern military criminal law in the legal system: institutionalization problems.
S.N. Sharapov, 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
Annotation. 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
7. On the attributive characteristics of the subject of crimes against military service.
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, firstname.lastname@example.org
Annotation. The article examines the attributive features of the subject of crimes against military service. It is stated that the subject of crimes against military service in most cases has a two-level character of specification, mediated, in addition to the attitude to military service, by the direct object of criminal encroachment. The idea of the uncertainty of the criminal-legal status of a citizen who is called up for military service in violation of the law, as a subject of a military crime, is developed. The question is raised about the possibility of spreading the signs of the subject of a military crime to civilians who fill the positions of military personnel, in the case of their committing socially dangerous acts that infringe on the order of military service.
Key words: crimes against military service, special subject of the crime, the status of the serviceman, signs of the subject of the crime against military service, civil servant.
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), email@example.com
Annotation. 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. Counting error as a basis for collecting money from military personnel and persons dismissed from military service as unjust enrichment.
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, 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.
10. Granting Immunity to Members of the Army and Allocating Jurisdiction to States in Status of Forces Agreements.
Kudashkin A.V., Doctor of Law, Professor, email@example.com
Melnik N.N., expert in the field of military law of the USA and European countries, PhD (USA), Honorary Attorney of Russia, firstname.lastname@example.org
Annotation. The article deals with the application of the Status of Forces Agreements, the granting of immunity to servicemen and members of military missions, the distribution of jurisdiction over them between States, as well as the experience of applying these provisions in treaties concluded by the United States and the Russian Federation with other states.
Keywords: international law, status of forces, immunity
11. International legal regulation of military navigation in the Suez Canal (a brief analysis of the current provisions of international law).
Petrov O.Yu., Candidate of Legal Sciences, email@example.com
Annotation. 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.
12. 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, firstname.lastname@example.org
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.