THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12


  ISSUE CONTENTS:  

 

1. The law of military conflicts: theoretical concepts and methodological approaches to research.

Kudashkin A.V., Doctor of Law, Professor, Head of the Military Law Department of the Academy of Military Sciences, Honored Lawyer of the Russian Federation, opklex@mail.ru

Kudashkin V.V., Doctor of Law, State Secretary of JSC Rosoboronexport, Leading Researcher of the Institute of State and Law of the Russian Academy of Sciences, Honored Lawyer of the Russian Federation, opklex@mail.ru

Abstract: The article is devoted to the analysis of the legal system of Russia and the place in it of the norms of law governing military conflicts. Special attention in the article is paid to military conflict as a phenomenon of objective reality, which is reflected in legal reality as the law of military conflicts. The authors conclude that an objective and complete picture of legal reality can only be given by a synergetic approach – the use of an arsenal of international legal studies coupled with military legal studies of domestic relations arising during military conflicts; they propose to investigate and consider military conflicts, on the one hand, as a phenomenon of a legal system that also includes international humanitarian law and the law of armed conflict, and on the other, as a phenomenon of a national system of law that has a purely domestic binding (the law of military conflicts), i.e. a normative legal entity mediating relations military conflict, has a purely national binding to the system of law, and in its structure to the branch of military law.

The article formulates a major scientific problem – where and how the "docking" takes place (interpenetration, mutual influence. interweaving and mutual conditionality) of superstructure legal entities – international humanitarian law and the law of armed conflicts included in the system of international law, with the law of military conflicts related to the Russian system of law - in legal reality.  

 Keywords: military law, law of armed conflicts, law of military conflicts, international humanitarian law, Russian legal system, Russian legal system, structure of law, methodology of military legal research, theory of law.

 

2. Military operations, military operations, wartime, wartime legislation: correlation of concepts, problems of terminology.

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 examines the essential characteristics of the concepts of "military operations", "military operations", "wartime", "legislation" based on the approaches of both foreign and domestic (Soviet and Russian) scientists wartime."

Keywords: military operations, military operations, wartime, wartime legislation

 

3. Multilevel martial law regime: concept and features.

Agarzaev S.K., Post-graduate student of the Department of Management internal affairs bodies in special conditions Academy of Management of the Ministry of Internal Affairs of Russia, opklex@mail.ru

Abstract: the article examines various approaches of authors and scientists to the definition of martial law. The correlation of the terminological apparatus of the studied area is analyzed. The modern signs of the martial law regime are highlighted. An attempt has been made to rethink the martial law regime at the present stage as an intersectoral multilevel special legal regime.

Keywords: aggression, special legal regime, extraordinary regime, martial law, concept, signs.

 

4. Administrative responsibility as a type of legal responsibility: modern military judicial practice.

Zakaznova A.N., senior lecturer at the Military University, opklex@mail.ru

Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru

Abstract: the article examines the defects in the practice of considering cases of administrative offenses by military courts.

Key words: military court, military personnel, administrative offense.

 

5. Permissive activity of Rosgvardiya in the sphere of arms trafficking in order to ensure transport security.

Melkonyan D.A., postgraduate student of the Russian University of Transport, opklex@mail.ru

Annotation. The theoretical, legal and practical aspects of the permissive activities of the Rosgvardiya in the field of arms control in the field of transport security units, which on a legislative basis are granted the right to use weapons and special means when performing their assigned tasks, are considered. It is shown that, by carrying out control and licensing activities in this area, Rosgvardiya indirectly participates in ensuring one of the most important types of national security of the Russian Federation - transport security, defined as the state of protection of objects of the country's transport complex from acts of unlawful interference. Some problematic issues in this area are shown, proposals for improving the legal regulation of the public relations under consideration are formulated.

Keywords: licensing activities; control and supervisory activities; licensing; transport security; act of unlawful interference; trafficking in weapons and ammunition; special means.

 

6. On the practice of application by courts of the norms regulating the right to receive compensation for the hiring of residential premises of citizens discharged from military service and their family members.

Minyailenko N.N., Candidate of Legal Sciences, Professor, opklex@mail.ru

Keklis A.Yu., Candidate of Legal Sciences, opklex@mail.ru

Abstract: the authors, analyzing the existing practice of applying the relevant norms of the Federal Law "On the Status of Military Personnel" by the courts, question the legality of using paragraph 2 of Article 99 of the Housing Code of the Russian Federation when determining the amount of monetary compensation to a citizen discharged from military service and family members living together with him, recognized in the prescribed manner in need of housing.

Keywords: monetary compensation, rental of residential premises, provision of housing, realization of social rights, rights of citizens discharged from military service and their family members

 

7. About some issues of payment of benefits to military personnel upon discharge from military service.

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 benefits at the next discharge to the reserve.

Decent social security for servicemen and their family members has always been an urgent issue in ensuring healthy morale in the military team and well-being in the family. When leaving for various tasks involving risk to life and health, military personnel should always be confident in the care of their families by the state. In turn, the state provides social guarantees to military personnel when they are discharged into the reserve. At the same time, due to the fact that the authority to pay benefits to military personnel upon dismissal belongs to the commanders of military units, and officials of financial authorities coordinate draft orders, in practice, the above-mentioned officials do not have a common understanding of the correctness of the application of the provisions of the Federal Law of November 7, 2011.  No. 306-FZ "On the Monetary allowance of military Personnel and the Provision of separate payments to Them", related federal legislation and regulatory legal acts in the part concerning the payment of benefits to military personnel upon discharge into the reserve, depending on the total duration of military service, which leads to a violation of the rights of military personnel, or, in case of illegal payment of benefits, to damage to the State.

Keywords: Monetary allowance, allowance for dismissal from military service, termination of the contract, re-entry into military service under the contract

 

8. About some problems of legal regulation of the accumulative mortgage system of housing provision for military personnel.

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

Dunaeva E.A., assistant to a municipal deputy, opklex@mail.ru

Ladilova Yu.D., assistant lawyer, opklex@mail.ru

Abstract: The presented study analyzes the modern features of the legal regulation of the accumulative mortgage system of housing provision for military personnel. It is noted that currently the state policy in the field of mortgage lending in the Russian Federation is aimed at transforming socio-economic institutions, including the purchase of housing by military personnel.

Keywords: military personnel, accumulative mortgage system of housing provision for military personnel.

 

9. Verdict: problems of the judgment (based on materials from military judicial practice).

Lobov Ya.V., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Criminal Law of the Military University, opklex@mail.ru

Kharitonov Stanislav Stanislavovich, Candidate of Legal Sciences, Professor, opklex@mail.ru

Abstract: the article, using examples of appeal rulings of district (naval) military courts, examines the mistakes made by the courts, which allows for the further formation of systematic judicial practice to improve the quality of judicial verdicts.

Key words: military man, court verdict, military courts.

 

10. New in Criminal legislation on criminal liability for encroachments on the security of the Russian Federation and the management Procedure (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and Articles 31 and 151 of the Criminal Procedure Code of the Russian Federation" dated August 4, 2023 No. 413-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 on criminal liability for participation or organization of activities on the territory of the Russian Federation of a foreign or international non-profit non-governmental organization that was not included or was excluded from the relevant register, the author identifies the positive and negative sides of changes in criminal legislation.

Keywords: national security; the foundations of the constitutional system; state security; governance; non-profit organization; foreign or international non-profit non-governmental organization; a person under foreign influence; a person involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation; undesirable activities of a foreign or international organization.

 

11. Procedural issues of bringing military personnel and law enforcement officers with special ranks to criminal responsibility for battery and other intersectoral aspects of their public responsibility.

Nider S.A., Lecturer of the Department of Criminal Procedure and Criminalistics of the University, opklex@mail.ru

Stepanov S.A., Candidate of Law, Associate Professor, Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the University, opklex@mail.ru

 

12. 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 international, military law of the USA and 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.

 

13. On the convergence and harmonization of norms and provisions of the military-criminal legislation of the CSTO member states.

Zakomoldin R.V., Candidate of Law, Associate Professor, Researcher at the Research Institute University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Annotation. The article is devoted to the analysis of the need to bring together and harmonize the general and special provisions of the military criminal legislation of the CSTO member states regulating the criminal liability of military personnel and persons equated to them, including for crimes against military service. A critical analysis of the draft relevant recommendations prepared by the Expert Advisory Council under the Council of the CSTO Parliamentary Assembly within the framework of the Program for the Approximation and Harmonization of National Legislation of the CSTO member states for 2021-2025 is presented. Relevant comments and suggestions have been formulated.

Keywords: CSTO, military-political situation, collective security, military-criminal legislation, criminal liability of military personnel, crimes against military service

 

14. To the issue of the concept of international legal mechanisms for the protection of Cultural Property.

Grinchenko A.H., Research Fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. The concepts of “protection”, “security” and “respect” of cultural property as systemic elements are considered in the context of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict. The relationship between these concepts and their definitions in the Russian Federation and the Baltic countries is considered. The process of formation of the conceptual apparatus, principles and criteria for the protection of cultural property in the system of international law in modern and recent history is explored. Special attention is paid to the interaction of international and national laws governing this issue. The concept and classification of mechanisms for the protection of cultural property is introduced.

Keywords: cultural property, protection of cultural property, security of cultural property, respect for cultural property, international legal protection mechanisms, Roerich Pact, Russian Federation, Baltic countries, international armed conflicts.

 

15. Codification of Chinese civil legislation: research methods, history, theory and practice.

Melnik N.N., expert in international, military law of the USA and European countries, PhD (USA), opklex@mail.ru

Abstract. In the Chinese concept, understanding the role of law and its relationship with the institutions of the state is important for understanding the meaning of the institutions of military law. As Professor A. N. Savenkov noted, "the reconstruction of the main approaches to substantiating the role of law in its correlation with the importance of state-power institutions is an essential condition for understanding the civilizational processes of the state and law in modern conditions and the search for adequate means and ways of manifesting existing threats and challenges." This conclusion can be attributed to the branch of civil law of the People's Republic of China, during the development and codification of the branch of law, a compromise was found in the combination of civilizational processes and the preservation of traditions and philosophy of law, on which the Chinese economic model and its legal regulation are based.

Keywords: China, civil law, civil legislation, history, theory, practice, research.

 

16. CSTO activities for the prevention and liquidation of emergency situations.

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 examines statistical data on emergency situations that occurred on the territory of the Russian Federation in 2022. It is necessary to consolidate the forces of various states for the most effective response to emergency situations. The principles of interaction of the CSTO member states in the field of emergency prevention and liquidation are defined, and the need for harmonization of the legislation of the CSTO member states in order to increase the effectiveness of their joint emergency response is identified.

Keywords: emergency situation, international cooperation, CSTO, CSTO Emergency Committee, integration, harmonization of legislation.

 

17. Military clergy as an organizational and legal means of protecting Russian traditional spiritual and moral values. Part 4.

Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru

Abstract. 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.

 

18. On measures to develop consumer supervision of suppliers in the aircraft industry.

Arakelyan K.E. Advisor to the General Director of JSC "RT-Techpriemka", opklex@mail.ru

Arakelyan G.K., opklex@mail.ru

Annotation. Supervisory activity in any sphere of the economy is special, requiring the involvement of highly qualified specialists and strict regulation of this process. The article reveals the current state of regulation of the process of supervision of consumers over suppliers in the aircraft industry and presents proposals for its improvement.

Keywords: supervisory activity, aircraft industry, legal regulation.

 

19.Interim measures in tax law: balance of private and public interests in uncertainty.

Zagainov M.R., Candidate of Economic Sciences, Associate Professor, Associate Professor of the Department of Legal Regulation of Economic Activities, Financial University under the Government of the Russian Federation (Moscow), opklex@mail.ru

Slepko G.E., Candidate of Philological Sciences, Associate Professor, Associate Professor of the Department of Legal Regulation of Economic Activities, Financial University under the Government of the Russian Federation (Moscow), opklex@mail.ru

Sleptsova M.V., 4th year student at the Faculty of Law of the Financial University under the Government of the Russian Federation (Moscow), opklex@mail.ru

Abstract. The article is devoted to the study of problems arising when courts apply interim measures against small and medium-sized businesses as well as citizens with a special legal status in the context of sanctions and the current political situation. Based on the established judicial practice and existing measures, the authors form proposals for the formation of a policy aimed at improving previously adopted measures to support small and medium-sized businesses, and also note new directions within which it is necessary to develop the institution of interim measures in tax and arbitration procedural legal relations.

Key words: interim measures, support for small and medium-sized businesses, the mechanism of non-competitive contesting of transactions, the principle of balance of private and public interests, in uncertainty.

 

20. About the procedure for training persons in fire safety measures in the organization.

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

Peregudova N.V., head of department of the Federal State Budgetary Institution VNIIPO EMERCOM of Russia, opklex@mail.ru

Abstract: The content of the article is based on the requirements of Federal Law No. 273-FZ of December 29, 2012 "On Education in the Russian Federation", Federal Law No. 69-FZ of December 21, 1994 "On Fire Safety", as well as some resolutions of the Government of the Russian Federation and orders of the Ministry of Emergency Situations of Russia, affecting a range of issues in the field of order training of persons in fire safety measures in the organization, including conducting fire-fighting briefings.

Keywords: fire safety; training of persons; additional professional education; fire safety requirements; EMERCOM of Russia; rules; fire instruction; standard programs; primary fire instruction.