THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1
ISSUE CONTENTS:
1. Evolution of the problem of the use of nuclear weapons: historical, philosophical, social and international legal aspects.
M.E.Zharkoy, Associate Professor of the Department of State and Legal Disciplines, St. Petersburg branch named after V.B. Bobkov Russian Customs Academy, Candidate of Historical Sciences, Associate Professor, opklex@mail.ru
Abstract: In the work of undertaking an attempt to verify the installation and change the views of the military-political port of France on the likelihood of using the air force from the point of view of operational-tactical goals. aggressive applications of aspirations in international relations between international and international legal orders are permissible, the author of individual cases of special attention to the prerequisites and consequences of nuclear war, the philosophical limitations of its study, international legal aspects of the legality of the use of weapons. Analyzed and summarized the data sources of the problem. In conclusion, the conclusions of the author are formulated, which can be implemented in the conditions of the modern confrontation of the Western military coalition against Russia.
Keywords: atomic energy, nuclear weapons, military doctrine, tactics, military-political coalitions, sociology and philosophy of war, consequences of the use of nuclear weapons, blackmail, external state terror, world legal order, protection of sovereignty.
2. About the importance of the correct establishment in the course of an administrative investigation (proceedings) conducted in a military unit (other organization) of a causal relationship between the fact of violation and the consequences that have occurred.
Kirichenko N. S., specialist of the Contract and Legal Department Federal Service of the National Guard Troops Of the Russian Federation, opklex@mail.ru
Alexandrova N.G., Candidate of Law, Associate Professor of the Department of Personnel, Legal and Psychological Support of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, opklex@mail.ru
Abstract: conducting an administrative investigation or proceeding on any fact of violation or incident is a very common phenomenon for any military unit or other military organization. At the same time, it is very important that during such a procedural procedure, an official conducting an administrative investigation (trial) correctly established all the circumstances of the incident (misconduct), including the causal relationship between such an event and the consequences that have occurred. Incorrect identification of such an element can sometimes lead to other negative consequences.
Keywords: military service, serviceman, administrative investigation, trial, causal relationship.
3. Organizational harm from the submission of false reports and other accounting documents (legal aspect).
Glukhov E.A., Candidate of Law, Associate Professor, opklex@mail.ru
Abstract: the article reveals the relationship of unreliable data presented on command in accounting documents and organizational harm in the field of military administration. The authors analyze legal acts concerning the duty of military leaders to provide truthful information in reports and the meaning of the signature of an official on such a report. The article comments on the signs of the crime provided for in Article 292 of the Criminal Code of the Russian Federation in relation to the documents of the official reporting of military officials. Based on the identified reasons and conditions that contribute to the concealment of truthful information in the reports, proposals are made to improve military legislation.
Keywords: official forgery, military administration, fraud, official documents, official honesty, unreliable report, punishment for deception, organizational harm
4. About the organization of prosecutorial supervision over the execution of laws by the Federal Service of the National Guard Troops of the Russian Federation.
Kainov V.I., Doctor of Law, Professor, Professor of the Department of State and Legal Disciplines of the North-Western Branch of the Russian State University of Justice, opklex@mail.ru
Abstract: The presented study analyzes the prosecutor's supervision over the execution of laws by the Federal Service of the National Guard Troops of the Russian Federation. The author reveals the peculiarities of the prosecutor's supervision over the observance of human and civil rights and freedoms by officials of the specified body.
Keywords: rights and freedoms; prosecutor's office; prosecutor's supervision; Rosgvardiya.
5. About the right of passage of officers discharged from military servic and their family members to and from the place of rest.
ShmarevaT.A., Candidate of Law, Associate Professor of the Department of Civil Law Udmurt State University, opklex@mail.ru
Shmarev A.I., Candidate of Law, Associate Professor, Colonel of Justice Reserve, opklex@mail.ru
6. Non-conforming Events Prevention as a conceptual basis of military service security in the Armed Forces of the Russian Federation.
Tsutsiev S.A., Doctor of Medicine, Retired Medical service Colonel, senior research officer of FSBI “State Scientific Research and Test Institute of Military Medicine”, Ministry for Defence of Russian Federation, opklex@mail.ru
Abstract: There was made a tough choice to form a new warrior's trade culture in the Russian Armed Forces called the military service security in our country at the end of the last century. The guiding principle of the Security concept was non-conforming events prevention. However, successful implementation of this principle is currently very difficult without making changes to the Security Concept, which in fact, has become the aim of this study. To this end, laws and regulations that govern military service security requirements in the Russian Armed Forces, were studied and analyzed. It was found that the Security Concept’s successful implementation implied its updating by an essential extension of the list of hygienic tasks to be solved. Currently, it is very difficult for military authorities to identify (update) health and (or) safety hazards of military service with exclusively visual diagnostic methods on hand, which makes the prevention idea into a matter of form. Formal criteria for the military service security system performance assessment do not correspond to the prevention principle implying the assurance of predictive process control. Actually-used criteria, i.e. accidental servicemen’s death and dismemberment etc., indicate the completion of an inadequately proceeding process. It seems appropriate to update the branch regulations of the Russian Federation Ministry of Defense on issues of routine military duty and its security in compliance with Federal laws and regulations.
Key words: Armed Forces of the Russian Federation, serviceman, security, hygiene, adverse military service factors.
7. Scientific and Practical Commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation" dated September 24, 2022 No. 365-FZ.
Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», opklex@mail.ru
Annotation. The article comments on the latest changes in criminal legislation in the field of criminal law protection of military security of the Russian Federation, identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law, military law, criminal liability, military criminal law, crimes against the interests of service in a commercial and other organization, crimes against the interests of state power, interests of public service and service in local self-government bodies, crimes against military service, crimes against the peace and security of mankind.
8. Countering extremism in the Armed Forces of the Russian Federation.
Roganov S.A., Doct. Sci. (Law), Associate Professor Saint Petersburg military order of Zhukov Institute of national guard troops, PetrSU, opklex@mail.ru
Abstract. The article deals with certain issues related to countering extremism among servicemen undergoing military service under contract and conscription. Particular attention is paid to the causes of extremism among the above-mentioned category of individuals, as well as to the prevention of extremist views in the military team.
Keywords: extremism, extremist behavior. prevention of extremism, serviceman, military service, military discipline, offense, criminal acts.
9. On the differentiation of administrative offenses from criminal acts of extremist orientation.
PogadaevaYa.M., Assistant Senior Investigator for Particularly Important Cases Main Investigative Committee of the Investigative Committee of Russia for St. Petersburg, opklex@mail.ru
Abstract: extremism is a dangerous phenomenon that undermines the basic constitutional values, which poses a danger to national security and its components (security of the individual, society, state).The article attempts to distinguish between offenses and extremist crimes.
Key words: national security, security, constitutional system, extremism, extremist activity, crime, offense, delimitation.
10. Controversial issues of housing for military personnel through reading the decisions of military courts.
KharitonovS.S., candidate of legal sciences, professor, opklex@mail.ru
Barannikov M.M., lawyer, opklex@mail.ru
Annotation: In the article, with reference to the decisions of military courts, the problematic issues of the application of legislation regulating issues related to the housing provision of military personnel, citizens discharged from military service, and members of their families are considered.
Keywords: military courts, judicial practice, housing for servicemen.
11. On the new legal regulation of registration at the place of residence of military personnel and members of their families (commentary to paragraph 16 of Article 15.2 of the Federal Law "On the status of military personnel" dated May 27, 1998 No. 76-FZ and the Decree of the Government of the Russian Federation dated September 14, 2022 No. 1604).
D.Yu. Manannikov, PhD in Law, opklex@mail.ru
Annotation. The article analyzes paragraph 16 of Article 15.2 of the Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ, as well as the Decree of the Government of the Russian Federation of September 14, 2022 No. 1604 “On Amendments to paragraph 23 Rules for registration and de-registration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation.
The thesis is substantiated that the legal norms on the registration of military personnel and members of their families, including at the addresses of military units (organizations, institutions, bodies), in general, harmonize military legislation and contribute to the improvement of the mechanism for providing servicemen with office living quarters, living quarters in a hostel (specialized living quarters).
Key words: registration, serviceman, place of residence, military unit, service housing.
12. Turkish Military Law and the prototype of the unified Turkish-Azerbaijani army.
KudashkinA.V., Doctor of Law, Professor, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru
MelnikN.N., expert in the field of military law of the USA and European countries, PhD, USA, opklex@mail.ru
Abstract: The article attempts to investigate the military law of Turkey, prospects and legal grounds for the creation of a unified Turkish-Azerbaijani army.
Keywords: military law, Turkey, Azerbaijan, military administrative law, military criminal law, military social law.
13. On some historical and legal aspects of the development of military-criminal legislation of the countries of the British Commonwealth.
VorobyevA.G., Associate Professor, Military Training Center, Russian State University of Justice, the PhD in Law, opklex@mail.ru
Abstract: The article considers the main stages of the development of military-criminal legislation of the countries of the British Commonwealth 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. Special attention is paid to the peculiarities of the regulation of the execution of military punishments, and a new periodization of the history of military-criminal legislation of the countries of the British Commonwealth is also proposed.
Keywords: military law, military offences, military punishments, periods of developed military-criminal legislation.
14. The use of procedural means by prosecutors in ensuring the legality of legal acts.
Mamatov M.V., candidate of law, head of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offences research Institute of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru
Maslov I.A., senior researcher of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offenses of the research Institute Of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru
Abstract: The article analyzes some features of legislative regulation and law enforcement practice on the participation of the prosecutor in the consideration by the courts of administrative cases on challenging regulatory legal acts and acts containing explanations of legislation and having regulatory properties.
Keywords: prosecutor, administrative proceedings, legal act, court.
15. About the place and role of Rosgvardiya in the system of federal state control (supervision) over the activities of security units of legal entities with special statutory tasks and departmental security units.
ShenshinV.M., Candidate of Law Sciences, Associate Professor, Associate Professor, opklex@mail.ru
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. Hero of the Russian Federation General of the Army E.N. Zinicheva
Abstract: The presented study reveals the place and role of Rosgvardiya in the system of federal state control (supervision) over the activities of security units of legal entities with special statutory tasks and departmental security units. The article reveals the specifics of the performance of duties by persons with a special legal status involving the use of firearms and (or) special means, consisting in the need to undergo periodic checks to confirm their suitability for action in conditions associated with the use of special means and firearms. The author focuses on the need to improve legislation regulating issues of administrative responsibility for violation of mandatory requirements for security activities. Based on the analysis of regulatory legal acts, the procedure for the implementation by the Rosgvardiya of federal state control over the activities of security units of legal entities with special statutory tasks and departmental security units is revealed.
Keywords: federal state control (supervision); security units of legal entities with special statutory tasks; departmental security units; administrative responsibility.
16. About the measures of legal regulation of the application artificial intelligence in the defense industry.
Arakelyan K.E. Advisor to the General Director of JSC "RT-Techpriemka", member of the Expert Council of the Defense Committee of the State Duma of the Russian Federation, Arakelyan G.K. graduate student of MAI, opklex@mail.ru
Annotation. The development of digital technologies and their application in various sectors of the national economy requires appropriate rationing of this process. One of the new digital technologies is artificial intelligence. The article presents the features of the legal regulation of the use of artificial intelligence in industry.
Keywords: military-industrial complex, artificial intelligence, legal regulation.