THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
1. Applicability of the norms of international humanitarian law ratione temporis to the armed conflict on the territory of Ukraine.
Batyr V.A., Candidate of Legal Sciences, Professor, Professor of the Department of International Law of the Kutafin Moscow State Law University (MGUA), email@example.com
Annotation. The article, based on the analyzed factual circumstances of the use of armed violence on the territory of Ukraine in the period 2014-2022, proposes the author's model of periodization and establishes the applicability of the norms of international humanitarian law in terms of both the establishment of prohibitions and restrictions on the use of means and methods of conducting armed struggle, and the qualification of committed illegal acts.
The events that took place before May 11, 2014 are characterized as violations of internal order and the emergence of a situation of internal tension (riots, isolated and sporadic acts of violence and other acts of a similar nature), and are not considered as an armed conflict. During this period, the basic provisions on humanity (the "Martens clause") were to be applied.
From May 11, 2014 to February 24, 2022, an internal armed conflict took place on the territory of Ukraine (within the Luhansk People's Republic and the Donetsk People's Republic). During this period, the provisions of the Additional Protocol to the Geneva Conventions of August 12, 1949, concerning the Protection of Victims of Non-International Armed Conflicts (Protocol II, Geneva, June 8, 1977) were to be applied.
When the Russian Federation fulfills its allied obligations to protect the Donetsk and Luhansk People's Republics (from February 24 to September 30, 2022), as well as during the international armed conflict between the Russian Federation and Ukraine (from September 30, 2022), the norms of international humanitarian law are applied in full.
Keywords: international humanitarian law, law of armed conflict, armed conflict, Ukraine
2. Problems of qualification of war crimes based on violations of international humanitarian law and problems of the Court's jurisdiction.
A.V. Kudashkin, Doctor of Law, Professor, Head of the Military Law Department of the Academy of Military Sciences, Honored Lawyer of the Russian Federation; N.N. Melnik, expert in the field of military law of the USA and European countries, PhD, USA
Annotation. The article deals with the problems of investigation, qualification of war crimes and the jurisdiction of the court, provides a comparative legal analysis in aspects of the law of armed conflicts.
Keywords: international humanitarian law, law of armed conflicts, war crimes, qualification
3. Ensuring the right to protection in the investigation of crimes in combat conditions.
Kachalov V.I., Doctor of Law, Professor, Head of the Military Training Center at Russian State University of Justice, firstname.lastname@example.org
Annotation: The article analyzes the issues of ensuring the right to defense in the investigation of crimes in the conditions of hostilities, concludes that a separate register of lawyers ready to travel to the combat zone should be created, in which lawyers are included solely on their application. Information about these lawyers and ways of communicating with them are transmitted to the military investigative bodies investigating crimes in the combat zone. At the same time, at the legislative level, issues should be resolved on increasing the remuneration of lawyers working in the combat zone, insuring their life and health, extending to them the benefits enjoyed by participants in hostilities, as well as determining the source of funding for their arrival and placement in the combat zone.
Keywords: ensuring the right to defense, military operations, military lawyers, lawyers, lawyers' remuneration, lawyers' social security, crime investigation.
4. On current trends in dispute resolution in the field of military service based on military judicial practice.
Kharitonov S.S., Colonel of Justice of the Reserve, candidate of legal sciences, professor, email@example.com
Mironov V.S., candidate of legal sciences, head of the educational department - Deputy Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, firstname.lastname@example.org
Annotation: The article deals with the issues of law enforcement activities on the part of commanders (chiefs) in the field of passage and dismissal from military service in relation to military personnel undergoing military service under the contract. The material is based on examples from military judicial practice.
Key words: military service, serviceman, military service under contract, dismissal from military service
5. On the concept of administrative and jurisdictional activity of the internal troops of the ministry of internal affairs of the republic of Belarus.
Bruyako A.N., candidate of the Department of Constitutional and Administrative Law Academy of Management under the President of the Republic of Belarus, email@example.com
Abstract: The article discusses the need to consolidate the concept of administrative and jurisdictional activity in the legal system of the Republic of Belarus. Based on the analysis, the author's definition of the administrative and jurisdictional activity of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus is proposed, its characteristic features are highlighted. The author of the work gives a definition that does not contradict the approaches that have developed in science, but only complements and develops them.
Keywords: jurisdiction in administrative law, administrative jurisdiction, administrative-jurisdictional activity, administrative activity, internal troops.
6. Federal Budget-2023: military and social aspect.
Koryakin V.M., Doctor of Law, Professor, Prince Alexander Nevsky Military University of the Russian Ministry of Defense; Russian University of Transport, firstname.lastname@example.org
Annotation. The article is a scientific and practical commentary on the provisions of Federal Law No. 466-FZ of December 5, 2022 "On the Federal Budget for 2023 and for the planning period of 2024 and 2025" concerning the issues of financial support for the implementation of priority areas of the military-social policy of the Russian Federation in 2023. The main guidelines of the federal budget aimed at solving military and social problems, social guarantees of servicemen, citizens discharged from military service, and their family members.
Keywords: military-social policy; federal budget; monetary allowance of military personnel; housing provision of military personnel; pension provision of persons who have served in the military.
7. Some issues related to the salary for the last military position occupied, taken into account when assigning a pension for service to a serviceman.
Kirichenko N. S., email@example.com
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, firstname.lastname@example.org
8. Actual problems of legal regulation of reimbursement of federal budget funds spent on military and special training.
Moroz M.I., Senior Assistant to the Head of the Legal Service Novosibirsk Military Order of Zhukov Institute named after the General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, email@example.com
Annotation. The article analyzes the application of legal acts regulating the procedure for reimbursement of federal budget funds spent on military or special training by citizens of the Russian Federation. As a result, the author comes to the conclusion that the existing legal regulation of the reimbursement of federal budget funds spent on military or special training by former servicemen who signed a contract both upon admission to university and upon completion of the first year of study contradicts the general legal principles of equality and justice, and suggests making changes to the calculation of the current value of the amount to be reimbursed funds for training.
Key words: military service, training at a military university, the obligation to reimbursement of tuition fees.
9. On the legal regulation of the provision of guarantees to citizens of the Russian Federation Called up for military service on mobilization in the Armed Forces of the Russian Federation.
Nazarova I.S., candidate of legal sciences, associate professor, firstname.lastname@example.org
Shenshina L.A., candidate of pedagogical sciences, Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations 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, email@example.com
Abstract: The announcement of partial mobilization caused the emergence of a number of issues in the field of regulation of the legal status of citizens of the Russian Federation called up for military service on mobilization in the Armed Forces of the Russian Federation. This study provides a brief analysis of Russian legislation regulating the establishment of guarantees for this category of citizens. The range of problems that need to be paid attention to is revealed.
Keywords: mobilization; guarantees.
10. New in the criminal legislation on official crimes (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation" dated July 14, 2022 No. 307-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», firstname.lastname@example.org
Annotation. The article comments on the latest changes in criminal legislation on official crimes and crimes against justice, the author identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law; criminal liability; crimes against state power, interests of public service and service in local self-government bodies; crimes against justice; abuse of official authority; coercion to testify; torture.
11. Problems of qualification of war crimes based on violation of IHL norms, as well as problems of court jurisdiction.
N.N. Melnik, expert in the field of military law of the USA and European countries, PhD, USA, email@example.com
Annotation. The article considers the problems of investigation, qualification of war crimes and jurisdiction of the court, provides a comparative legal analysis in aspects of the law of armed conflict.
Keywords: law of armed conflicts, international humanitarian law, war crimes, qualification, jurisdiction of the court.
12. Judicial discretion in the appointment of a court fine for crimes against military service.
Chukin D.S., Senior Lecturer of the Department of Criminal Procedure and Criminalistics, firstname.lastname@example.org
Summary: the article analyzes the features of the application of the institution of a judicial fine when committing crimes against military service. It is noted that the exemption from criminal liability with the imposition of a court fine is a positive trend that encourages further law-abiding behavior of a person, but at the same time, assumes the presence of broad judicial discretion. Since military crimes by their nature are multi-objective, a prerequisite for the appointment of a judicial fine when they are committed is the elimination of the harm caused primarily to the interests of military service. The lack of clear criteria for such elimination hinders the uniformity of judicial practice. It is stated that it is necessary to establish detailed criteria indicating the amelioration of the damage caused to the military law and order, which allows for a reasoned imposition of a judicial fine and contributes to the implementation of the principles of justice and humanism.
Key words: exemption from criminal liability, judicial fine, socially dangerous consequences, public interests, harm caused, crimes against military service, multi-object crimes, judicial discretion, the principle of justice.
13. Protection of borrowers’ interests in time of citizens’ mobilization for military duty and special military operation.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, email@example.com
Abstract. Conducting conscription for military service as part of partial mobilization required the adoption of measures to support the mobilized citizens and their families. Within the framework of the article, an assessment is made of legislative innovations to protect the interests of borrowers who are called up or perform military duties, as well as a number of other categories of persons in time of citizens’ mobilization for military duty and special military operation. The author analyzes the legal provisions on the right of such persons to "credit holidays". Separately, the legal grounds for termination of obligations of military personnel (persons who have entered into a contract on voluntary assistance in the performance of tasks assigned to the Armed Forces of the Russian Federation) and members of their families under a loan agreement are considered. The procedure for suspending of enforcement proceedings aimed at returning overdue debts under a loan agreement is being studied.
Key words: partial mobilization, special military operation, credit holidays, suspension of enforcement proceedings, termination of obligations, social protection of military personnel
14. On the question of the concept of "spouse of a serviceman".
Shmareva T.A., PhD in Law Associate Professor of the Department of Civil Law FSBEI HE "Udmurt State University", firstname.lastname@example.org
Shmarev A.I., PhD in Law Associate Professor Colonel of Justice Reserve, email@example.com
Annotation: the article is devoted to certain issues of determining the composition of the family of a serviceman (a person discharged from military service), in particular, the problem of attributing certain persons to the spouses of military personnel (persons discharged from military service). The authors analyze the current legislation, draw reasonable conclusions about who can and cannot be considered the spouse of a serviceman (a person discharged from military service), and offer recommendations on the application of legal norms.
Keywords: spouse of a serviceman (a person discharged from military service), termination of marriage, dissolution of marriage.
15. 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, firstname.lastname@example.org
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.