THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11
ISSUE CONTENTS:
1. Social relations of military conflicts.
Kudashkin V.V., State Secretary of JSC Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law, opklex@mail.ru
Abstract: The article is devoted to the study of social relations covered by military conflicts. Military conflicts are one of the forms of social relations, both between states and within specific states. Within the framework of these relations, there are the most significant, sovereign needs and interests of states, on the implementation of which the existence of societies and states depends. The goals of preserving the security of society and the sovereignty of the state are resolved through armed confrontation through the volitional actions of the participants in such violence, whose will be subject to intense government and administrative influence, including legal influence. The volitional actions of participants in relations of armed confrontation, determined by the indicated influence, give rise to social relations of military conflict. The existence of social relations of a military conflict objectively presupposes its superstructural legal mediation - the law of military conflicts, which is a subfield of military law as a science and branch of the Russian legal system.
Key words: military conflict, armed conflict, international humanitarian law, operational law, social relations, social matter, primary relations
2. Features of international legal protection of the civilian population and civilian objects in the conditions of informatization of armed conflicts.
Vorontsova N.A. Doctor of Juridical Sciences, Professor at the Department of International Law, Moscow State Institute of International Relations (University) MFA Russia, opklex@mail.ru
Sibileva O.P., Master of Law, Course officer-teacher of the Military Institute (Naval Polytechnic) VUNC Navy ‘Naval Academy named after Admiral of the Fleet of the Soviet Union N.G. Kuznetsov’, opklex@mail.ru
Abstract. The article considers the and analyzes the features of the legal regulation of relations between states (parties) for the protection of civilians and civilian objects in the conditions of informatization of armed conflicts.
Keywords: informatization, armed conflicts, legal protection, civilian population, civilian objects, information (cyber) space, cyber-attacks, information security.
3. Information space as a new theater of military operations: about some problems of legal regulation.
Konokhov M.V., leading researcher of the Institute States and Rights of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article considers the possibility of recognizing the information space as a new theater of military operations. According to the author, the conduct of hostile actions in cyberspace, in its consequences, can be equated with the consequences of firing strikes.
Keywords: unified information space, theater of military operations, information security, war, armed conflict, information technology
4. Some issues of interaction of law enforcement agencies within the framework of the functioning of the All-Russian Disaster Medicine Service (military-legal analysis).
Lysyansky V.L., Lawyer, Candidate of Law, opklex@mail.ru
Abstract: the article discusses the issues of interdepartmental interaction of some federal executive authorities within the framework of the functioning of the All-Russian Disaster Medicine Service, and also reveals some problematic issues arising from the topic under consideration.
Keywords: interdepartmental cooperation, security, law enforcement agencies.
5. Peculiarities of dismissal of female servicemen with a child under the age of 16, or a pregnancy period of at least 22 weeks, during the period of partial mobilization (administrative and legal aspect).
Kainov V.I., Doctor of Law, Professor, Professor of the Department of State Legal Discipline of the North-Western Branch of the Russian State University of Justice, opklex@mail.ru
Kibalin D.S., lawyer, officer of the legal division of the National Guard of the Russian Federation, opklex@mail.ru
Annotation: The article deals with administrative and legal guarantees and compensations for female servicemen who have a child under the age of 16 or whose pregnancy period is at least 22 weeks, in case of their early dismissal from military service during partial mobilization. Analyzing the administrative and legal mechanism of such dismissal, the authors consider problematic issues and gaps in the current Russian legislation, offer options for their resolution.
Key words: partial mobilization, wartime, early dismissal, female serviceman, guarantees and compensation.
6. Administrative Discretion and legality in the Activities of the Russian National Guard Troops: Theoretical aspects and problems of interpretation.
Zharkoy M.E., Associate Professor of the Department of State Legal Disciplines St. Petersburg named after. V.B. Bobkov branch of RTA, Candidate of Historical Sciences, Associate Professor, opklex@mail.ru
Viktorov V.G., Associate Professor, Department of Economics and Law St. Petersburg University State Fire Service EMERCOM of Russia, Candidate of Pedagogical Sciences, opklex@mail.ru
Abstract: The paper attempts to analyze the possible reasons for the reform of law enforcement agencies and the creation of the Rosgvardiya as a fundamentally new consolidated public security body. The leitmotif of the article is the combination of legality in the activities of the Federal Migration Service of Russia with the granting of administrative discretion to its personnel. The problem is acquiring a special character and urgency today in the conditions of social conflicts, ensuring public order during public events, organizing interaction with internal affairs bodies, which, in turn, mediates the need to improve professional knowledge, skills and abilities through training of the commanding staff and high-quality initial training of persons being recruited for the first time.
Keywords: management, reform of the law enforcement system, legality, administrative discretion, Rosgvardiya, Ministry of Internal Affairs, police, protection of public order, public safety, mass public events
7. Features of the appointment and payment of military pensions to persons who lived on the territory of the new subjects of the Russian Federation before their entry into Russia.
Koryakin V.M., Doctor of Law, Professor, Professor of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru
Annotation. The article is a scientific and practical commentary to Federal Law No. 208-FZ of June 13, 2023 "On the specifics of pension provision for certain categories of citizens of the Russian Federation", which establishes the specifics of the application of the Law of the Russian Federation of February 12, 1993 No. 4468-I "On Pension provision for persons who have served military service ..." in relation to citizens Of the Russian Federation, who lived on the territory of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhe and Kherson regions before their entry into the Russian Federation. It shows the circle of persons entitled to pension provision under the specified Law, the conditions for the appointment and payment of military pensions to these persons, the procedure for determining the length of service for the appointment of pensions, as well as the categories of persons to whom military pensions cannot be assigned.
Keywords: pension provision; superannuation pension; survivor's pension; superannuation; new regions of the Russian Federation; special military operation.
8. Problems of legal regulation of the payment of lifting allowances to military personnel undergoing military service under a contract, when moving to a new place of military service, as well as when entering military service under a contract.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: the article deals with the issue of the implementation of the right of military personnel undergoing military service under a contract to receive a lifting allowance when moving to a new military service. The author investigates the issue of determining the conditions for its payment and the persons who have the right to receive a lifting allowance.
As judicial practice shows, officials of military units and financial bodies interpret and apply the provisions of the legislation of the Russian Federation on the establishment of lifting allowances for military personnel in different ways. In this regard, the rights of military personnel are violated, which negatively affects the psychological climate in military families, their moral and material condition. In other cases, due to a misinterpretation of the norms of law by officials of military units, excessive monetary payments are made in the form of lifting allowances, which, of course, are direct damage to the state.
Due to the fact that in the conditions of a special military operation on the territory of Ukraine, the Ministry of Defense of the Russian Federation is carrying out a set of measures to increase the number of military personnel undergoing military service under a contract, the issue of social security for this category of military personnel is relevant.
Keywords: Monetary allowance, lifting allowance, registration at the place of residence, moving to a new place of military service, conclusion of a contract.
9. The commission of a crime during the mobilization period as an aggravating circumstance.
Bagautdinov F.N., Head of the Department of Prosecutorial Supervision over the execution of Laws in operational investigative activities and participation of the Prosecutor in criminal Proceedings of the Kazan Law Institute (branch) University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Associate Professor, opklex@mail.ru
Mingalimova M.F., Associate Professor of the Department of Prosecutorial Supervision over the Execution of Laws in operational investigative Activities and participation of the Prosecutor in Criminal Proceedings of the Kazan Law Institute (branch) University of the Prosecutor's Office of the Russian Federation, Candidate of Legal Sciences, opklex@mail.ru
Abstract: Federal Law No. 365-FZ of September 24, 2022 in paragraph "l" of Part 1 of Article 63 of the Criminal Code of the Russian Federation provides as an aggravating circumstance the commission of a crime during mobilization. The application of this rule in practice is contradictory. The article analyzes judicial practice and makes recommendations on improving legislation and law enforcement practice.
Keywords: mobilization; aggravating circumstances; sentencing; crimes of medical workers; special military operation.
10. On the procedural procedure for resolving complaints by military courts at the pre-trial stage of criminal proceedings: materials of judicial practice.
Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru
Sharapov S.N., Candidate of Legal Sciences, Associate Professor, Professor of the Department of Criminal Law of the Military University, opklex@mail.ru
Abstract: The article discusses examples from the practice of military courts related to the filing and acceptance by a military court of complaints in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation on the actions and decisions of officials carrying out criminal prosecution during pre-trial proceedings.
Key words: judicial procedure for considering complaints; military personnel, military courts
11. Criminal liability for crimes in the field of civil defense.
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, 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 Army General E.N. Zinicheva, opklex@mail.ru
Pogadaeva Y.M., public assistant to the prosecutor of the prosecutor's office of the Moskovsky district of St. Petersburg, opklex@mail.ru
Abstract: The article raises the issue of bringing perpetrators to criminal responsibility for crimes in the field of civil defense. It is concluded that criminal liability for crimes in this area does not fully fulfill the necessary social function of punishment, and therefore, it is proposed to make a number of amendments and additions to the criminal law.
Keywords: civil defense, criminal liability, negligence, disaster, punishment.
12. Legal costs and their compensation in criminal proceedings: the practice of military courts.
Smirnov D.V., Candidate of Legal Sciences, Head of the Department of Criminal Law of the Military University, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Abstract: The presented examples based on materials from the activities of military courts show legal positions on issues related to the order of distribution of judicial (procedural) costs in criminal proceedings. Attention is drawn to the need for strict compliance with the norms of criminal procedure legislation.
Key words: procedural costs, criminal proceedings, lawyer's fees, military courts.
13. Fundamentals of legal proceedings and problems of consideration of cases of war crimes in international criminal courts.
Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N.N., expert in the field of international and military law of the USA, European countries, PhD, USA, opklex@mail.ru
Abstract: The article deals with the theory of law in relation to the statutes of international courts and criminal tribunals, the practice of disputes over their jurisdiction, including in the case of Ukraine v. Russia and the analysis of the rules of law governing the implementation of decisions by the parties in this case
Keywords: war crimes, international Criminal Court, judicial proceedings.
14. Terrorism and counteraction to terrorism and extremism by the CSTO.
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, 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 Army General E.N. Zinicheva, opklex@mail.ru
Ivanov Yu.A., assistant to a municipal deputy, opklex@mail.ru
Starostin N.Yu., assistant lawyer, opklex@mail.ru
Abstract: The presented study identifies the need to consolidate the forces of various international associations, organizations, and states in order to most effectively counter terrorism and extremism.
Key words: CSTO, extremism, terrorism, counter-terrorism.
15. Nuclear weapons and nuclear security.
Kharaman E.E., Post-graduate Student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The article discusses the evolution of views on nuclear weapons and nuclear security, identifies the main threats to nuclear security, examines the provisions of the legislation of the Russian Federation on the possible use of nuclear weapons.
Keywords: nuclear weapons, nuclear security, national security, international security, armed conflict, nuclear terrorism, military doctrine.
16. On some issues of countering extremism in the Russian Federation.
Norenko I.V., Associate Professor of the Department of History and Theory of State and Law of the Prince Alexander Nevsky Military University, Candidate of Law, opklex@mail.ru
Annotation. The article is a logical continuation of a series of articles devoted to the concept and essence of such antisocial phenomena as Nazism, fascism, terrorism, etc., as well as the legal regulation of relations aimed at combating their manifestations.
This article raises current issues related to countering extremism as a particularly dangerous antisocial phenomenon. The author focuses on the consideration of the concept of “extremism”, analysis of various points of view contained in the scientific literature regarding the concept, essence and types of extremism, as well as proposals for improving the current legislation.
Keywords: extremism, extremist activity, special military operation, national security, nazism, fascism
17. About the possibilities of vigilantism in the army.
Kharitonov V.S., Lawyer, All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), opklex@mail.ru
Abstract: The article analyzes an act committed by a serviceman and having some signs of vigilantism on the example of a well-known criminal trial.
Keywords: vigilantism, vigilantes, irregular relations, crimes against military service.