THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. The method of comparative jurisprudence in military law, the theory of the purpose of politics and the purpose of war: history and new approaches.
Melnik N.N., expert in the field of military law of the USA, Europe and China, Dr. jur. (PhD), USA, opklex@mail.ru
Abstract: The article discusses new publications on the development of military law, examines the theory of studying the goals of politics and war, their relationship and analysis of their implementation in the history of world wars
Keywords: military law, theory, politics, goals of war, comparative law
2. Armed conflict: concept, essence, types, problems of terminology at the present stage.
Taradonov S.V., Candidate of Law, Associate Professor, Professor of the Department of Theory and History of State and Law of the Military University, opklex@mail.ru
Abstract: The article continues the topic devoted to the study of terminology used when considering issues of legal regulation of military conflicts, analyzes such a socio-political phenomenon as "armed conflict", attempts to determine its place in the system of modern military confrontations.
Keywords: law of armed conflicts, law of military conflicts, military confrontation, system of law
3. About the place of volunteer formations in the system of subjects of ensuring the country's defense.
Koryakin V.M., Doctor of Law, Professor, Professor of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense; Professor of the Russian University of Transport, opklex@mail.ru
Synkov N.V., Lecturer at the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru
Annotation. The article analyzes military legislation in terms of determining the legal status of volunteer formations, the possibility of creating which is legalized by Federal Law No. 419-FZ of November 4, 2022. Due to the fact that the legal norms on volunteer formations are contained in the Federal Law "On Defense", as well as in the Federal Law "On the Status of Military Personnel" and other legislative and by–laws, the conclusion is justified that volunteer formations are a full-fledged element of the system of bodies and organizations performing tasks in the field of defense. Some problematic issues related to the legal status of volunteer formations in the Russian Federation are identified, and ways of their legislative solution are proposed.
Keywords: national defense; subjects of defense support; volunteer formations; period of mobilization; martial law; special military operation.
4. Legal regulation of the use of forces and means created for the implementation of territorial defense measures by the governors of the Russian regions.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru
Abstract. The article reveals amendments of the Russian legislation which aimed at improving the legal support for the activities of territorial defense units and expanding the practice of involving citizens and organizations in the implementation of state functions in the law enforcement sphere and the sphere of state security. The author critically analyzes the legal status of special state unitary enterprises, the legal status of their employees.
Key words: special state unitary enterprises, territorial defense, national defense, special military operation
5. Legal regulation of confiscation and transfer of vehicles and special equipment to the Armed Forces of the Russian Federation in the conditions of a special military operation.
Alyoshin V.V., Doctor of Law, Professor Russian State University for the Humanities, opklex@mail.ru
Grekov I.V., PhD in Economics, Lecturer at the Department of Customs Control Organization and Customs Operations of the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, opklex@mail.ru
Abstract: The article presents the results of the analysis of the system of legal regulation of confiscation and gratuitous transfer of vehicles and special equipment (boats, motorboats, hydro scooters, snowmobiles, mopeds, cars, etc.) to the Ministry of Defense of the Russian Federation for the needs of the Armed Forces in the zone of special military operation, taking into account the novelties of 2022-2023. The authors have identified the peculiarities of the regulation of the institution of confiscation in various branches of legislation (criminal, customs and legislation on administrative offenses), reviewed the law enforcement practice of customs authorities in cooperation with the Ministry of Defense of Russia and the Federal Property Management Agency. Amendments to regulatory legal acts on the issue under study are proposed.
Keywords: law of military conflicts, special military operation, Armed Forces, property, confiscation.
6. About some problems of legal provision of information security of the armed forces of the Russian federation at the present stage of information technology development.
Konokhov M.V., Leading scientific employee of the Institute of State and Law of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article deals with certain problems related to the legal provision of information security of the Armed Forces of the Russian Federation, including in the conditions of armed conflict. In the article, the author emphasizes that the relevance of the issues under consideration is confirmed during the special military operation in Ukraine. The author comes to the conclusion that it is necessary to conduct a deep theoretical and methodological analysis of the essence, principles, methods and features of the legal provision of information security of the Armed Forces of the Russian Federation and military personnel participating in a special military operation, due to the fact that basic information about their activities is not subject to open publication and dissemination. In the conditions of an armed conflict, the dissemination of this information, in particular about the location of military units, in many cases can cost the lives of personnel, lead to the destruction of weapons and military equipment, defeat in such a conflict. Thus, the author comes to the conclusion that there is a need for a conceptual approach to ensuring the information security of the Armed Forces of the Russian Federation, including using legal means, which will undoubtedly contribute to strengthening the military security of the Russian Federation, in general, preserving the lives of personnel, weapons and military equipment of the latter, in particular. In this regard, the author's proposals on improving the current legislation of the Russian Federation, consisting in the formation of the Concept of legal provision of information security of the Armed Forces of the Russian Federation, amendments and additions to the Law of the Russian Federation of December 27, 1991 N 2124-I "On Mass Media" and other regulatory legal acts, deserve special attention.
Keywords: information security, special military operation, information and psychological impact, information and technological impact, Armed Forces of the Russian Federation, military personnel, information technology, locations of military units, information
7. Topical issues of legal regulation of the Institute of procurement of goods, works and services (taking into account the peculiarities of regulatory regulation in the conditions of special administrative and legal regimes).
Nazarova I.S., Candidate of Legal Sciences, Associate Professor,
Head of the Department of Constitutional and Administrative Law, Faculty (Command) University, opklex@mail.ru
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Law, St. Petersburg State University of Architecture and Civil Engineering, opklex@mail.ru
Abstract. The research materials are devoted to the theoretical and legal analysis of actual problems, mostly of an applied nature, of the Institute of procurement of goods, works and services in Rosgvardiya. At the same time, the authors come to the conclusion that there is a need for more detailed regulation of the institute of goods, works and services with an emphasis on taking into account the specifics of special administrative and legal regimes, including a special military operation.
Keywords: martial law; special military operation; Rosgvardiya; procurement of goods, works and services.
8. Bonuses for civilian personnel of the Armed Forces of the Russian Federation: part of the salary or encouragement for work?
Vasilyeva A.S., student of Lomonosov Moscow State University, opklex@mail.ru
Annotation. The article analyzes issues related to determining the position of bonuses to civilian personnel of the Armed Forces of the Russian Federation in the remuneration system. Based on the study of judicial practice and regulatory legal acts, discrepancies in approaches to the issue of the nature of payments are revealed. Bonuses awarded in connection with budget savings are mandatory, independent of the subjective qualities of the employee, and must be secured by their compulsory collection. Due to the lack of a detailed definition of the order and size of the award, the right to pay to civilian personnel of the Armed Forces of the Russian Federation is not being implemented or is being partially implemented. Unable to resolve the problem, courts use different approaches to determining the nature of premiums to justify the refusal to satisfy claims.
Keywords: bonuses to civilian personnel of the Armed Forces of the Russian Federation, remuneration system, incentive payments, wages.
9. About the peculiarities of the realization of the right to protection in the payment of monetary allowances to military personnel when using technical means.
Krasikov S.S., lawyer, opklex@mail.ru
Annotation. The article deals with the issue of identification by various control bodies of overpayments of monetary allowances to military personnel or illegal production of other payments by them using automated technical means, attribution of the above payments to material damage to the state and bringing military personnel to material responsibility.
Keywords: Monetary allowance, mutual claim, financial responsibility, unified settlement center of the Ministry of Defense of the Russian Federation, compensation for damages, maternity allowance, federal budget, SPO Alushta.
10. On the issue of improving the Institute of social insurance for the life and health of military personnel and other employees of law enforcement agencies (a brief overview of legislative changes).
Nazarova I.S., candidate of legal sciences, associate professor,
Head of the Department of Constitutional and Administrative Law of the University, opklex@mail.ru
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia named after. Hero of the Russian Federation Army General E.N. Zinicheva, opklex@mail.ru
Abstract. The materials of the article contain the results of a study of changes in the rules of life and health insurance of military personnel and other employees of law enforcement agencies. The analysis is carried out in a concise, structured, capacious format with an emphasis on the most important aspects of regulatory regulation.
Keywords: special military operation; military personnel and their family members; insurance; federal executive authorities; Rosgvardiya; mandatory state personal insurance of citizens staying in volunteer formations.
11. Civil lawsuit in a criminal case: the position of military courts.
Morgulenko E.A., candidate of legal sciences, associate professor, opklex@mail.ru
Kharitonov S.S., candidate jurisprudence, professor, opklex@mail.ru
Annotation. The article presents examples from the practice of military courts on compensation by guilty military personnel for damage caused by a crime.
Key words: military courts, civil lawsuit, soldier, compensation for damage from a crime.
12. Qualification of crimes in the practice of military courts: validity, accuracy, completeness.
Sharapov S.N., candidate of legal sciences, associate professor, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation. In the article, on examples from the judicial practice of military courts, some issues of the necessary correspondence between the signs of a committed socially dangerous act and the signs provided for in the norms of the criminal law are considered.
Key words: qualification of crimes, military courts, military judicial practice.
13. Military clergy as an organizational and legal means of protecting Russian traditional spiritual and moral values. Part 3.
Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru
Annotation. The article briefly discusses and analyzes certain problems of improving legal work in the field of state-church relations when recreating the institution of military clergy in the military, taking into account the significant changes that have occurred in the Constitution of Russia and the new National Security Strategy of Russia, and also taking into account the institutions of religious associations, possible ways of solving them are proposed.
Keywords: legal work, morale, the right of military personnel to freedom of religion, military clergy, Constitution, Strategy, historical memory, continuity, ideals, faith in God, spiritual and moral values.
14. Prospects for improving regulatory legal acts in the field of protection and disposal of the results of intellectual activity obtained during the execution of the state defense order.
Fedorov P.E., PhD student, Department of Civil and Business Law, Novosibirsk State University of Economics and Management, opklex@mail.ru
Abstract. In the article, the author analyzes the legal basis for the disposal of the results of intellectual activity obtained during the execution of the state defense order. A brief reference is given on the development of relations on accounting for the results of intellectual activity arising from the implementation of development work in the field of state defense order. Specific changes to the regulatory legal act in the area under consideration are proposed.
Keywords: state defense order, results of intellectual activity, research and development work and technological work.
15. The technical regulations on fire safety requirements have been changed: a brief overview of some regulatory legal acts.
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia named after. Hero of the Russian Federation Army General E.N. Zinicheva, opklex@mail.ru
Abstract. In the presented study, the author considers the issue of regulatory regulation of technical regulations on fire safety requirements. The analysis of regional legislation is carried out; it is noted that the purpose of the organization of duplication of signals about the occurrence of a fire is to ensure timely response of fire protection units to fires that occur at protection facilities. It is emphasized that amendments have been made to the technical regulations on fire safety requirements aimed at improving the protection of citizens and property from fires, the requirements for fire safety and fire extinguishing means are established by the technical regulations of the EAEU (EAEU TR 043/2017).
Keywords: fire safety; technical regulations on fire safety requirements; EMERCOM of Russia.
16. Problems of practical application of the mechanism for ensuring the fulfillment of public procurement obligations.
V.G. Bogdan, applicant for the department of civil law disciplins of the Institute of legislation and comparative law under the Government of the Russian Federation
Abstract: The topic of ensuring the execution of state contracts is not new and has been studied in sufficient detail by civil servants and specialists in the field of public procurement. Over the past year, the institution of enforcement of obligations, as well as its regulatory legal regulation, have undergone drastic changes. What kind of innovations are proposed by the legislator, whether he has carried out "work on mistakes" taking into account the existing experience and other problematic issues of law enforcement – it is proposed to consider in this article.
Keywords: government contracts, public procurement, military-industrial complex.