THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. To the question of the explication of the paradigmatic foundations of military law.
Tushkov A.A, Doctor of Historical Sciences, Research Fellow, Institute of State and Law, Russian Academy of Sciences, opklex@mail.ru
Annotation. The review analyzes the explication of the paradigmatic foundations of military law in the collective monograph "Military Law", prepared by a team of authors led by Professor A.V. Kudashkin and is the first 3-volume fundamental scientific publication, which, on the basis of system analysis, presents a modern view of military law as a branch of the Russian system of law. The initial position of the team of authors that military law is a socially valuable phenomenon that requires separate scientific understanding, in the opinion of the reviewer, is an indisputable fact and served as the most important basis for the entire research concept. There is no doubt that in the modern conditions of the post-Westphalian era and the breakdown of the Yalta-Potsdam system of international relations and the rule of law, the development of the military law of the Russian state, associated with its formation, development and place in the world, is relevant. This circumstance is due to a key factor – the opposition of the collective West to impose its "order based on rules" on the rest of the world. The relevance of this monograph in the field of legal research in the military sphere is due to another factor: the state's needs to improve the legal foundations of military activities, military relations, which, as the authors note, in turn, being regulated by law, acquire the quality of legal relations united by the concept of "military law". It is these factors that have put forward the monograph under review as one of the most important scientific studies of recent decades in the field of military law in the system of Russian and international law.
Keywords: military law, institutions of military law, military law of foreign countries, subject matter, sources and principles of military law, method of legal regulation, institution of military duty, military service, concept of war, law of armed conflicts.
2. Military penitentiary law (military penitentiary law) is an independent institution of military law.
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice (retired), opklex@mail.ru
Annotation. The article examines the place of military penal (military penitentiary) law in the structure of military law.
Key words: system of law, branch of law, institute of law, military law, penal enforcement law, military penitentiary law.
3. Military-social legislation of wartime: theory and practice.
Koryakin V.M., Doctor of Law, Professor, Prince Alexander Nevsky Military University of the Russian Ministry of Defense; Professor, Russian University of Transport, opklex@mail.ru
Annotation. Based on the analysis of the array of legislative and by-laws on social guarantees for military personnel participating in a special military operation and their family members, the article substantiates the need for the early development of acts of military and social legislation designed for their application in armed conflicts, during wartime, during mobilization, when martial law is imposed. The unproductiveness of the current practice in this area is shown: each armed conflict has its own regulatory framework for social guarantees of participants in hostilities.
Keywords: wartime legislation; social guarantees for participants in hostilities; special military operation; armed conflict; social support for families of deceased servicemen.
4. Monetary allowance of military personnel as a factor in improving military skills in terms of decisions of military courts.
Kharitonov S.S., candidate of legal sciences, professor, Colonel of Justice of the Reserve, opklex@mail.ru
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, opklex@mail.ru
Annotation: the article deals with the problematic situations of law enforcement practice in the field of monetary allowances for military personnel, resolved by military courts.
Key words: military service, soldier, monetary allowance for military personnel, monetary payments to military personnel
5. Legal grounds for the transfer of demilitarized weapons, military and equipment for installation as monuments.
Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru
Abstract: the article deals with the issue of legal regulation of the transfer by federal executive authorities of decommissioned and demilitarized weapons, military and special equipment to the subjects of the Russian Federation and local self-government bodies for installation as monuments.
Keywords: armament and military equipment, military property, demilitarization.
6. Legal regulation of the system of public control in the field of combating corruption in the National Guard.
Roganov S.A., Doct. Sci. (Law), Associate Professor, Saint Petersburg military order of Zhukov Institute of national guard troops, Associate Professor PetrSU, opklex@mail.ru
Abstract. The article deals with issues related to the analysis of normative legal acts regulating public control over the activities of the National Guard troops in the field of corruption prevention. A brief analysis of the legislative regulation of the above activities is presented and ways to improve legal norms in the framework of anti-corruption actions are shown.
Keywords: legal regulation, public control, corruption, national guard troops, public authorities
7. About federal State Civil servants of the Federal Service of the National Guard Troops of the Russian Federation and the role of Rosgvardiya in the legal regulation of their status.
Shenshin V.M., candidate of legal sciences, associate professor, Associate Professor of the Department of 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, opklex@mail.ru
Abstract: The presented study reveals the peculiarities of the legal status of federal state civil servants of the Federal Service of the National Guard Troops of the Russian Federation. The analysis of normative allowed the author to come to the conclusion that the place and role of Rosgvardiya in the mechanism of the Russian state is determined by many parameters, for example, such as the fact that the personnel of the National Guard troops, along with military personnel and employees, include civilian personnel (federal state civil servants and employees. One of the features of the functioning of the National Guard troops is that they are equipped with federal state civil servants. The peculiarity of determining the place of the Rosgvardiya in the mechanism of the Russian state is the fact that civilian personnel of the National Guard troops can replace military positions of officers, which is not provided for in other federal executive bodies in which the law provides for military service.
Keywords: federal state civil servants; Federal Service of the National Guard Troops of the Russian Federation; mechanism of the state; recruitment.
8. National Guard troops as an element of the mechanism of the Russian state in ensuring national security in modern conditions of activity of unfriendly countries.
Grigoris V.P., Associate Professor of the Department of Theory and History of State and Law, Candidate of Law, Associate Professor of the St. Petersburg University of the Ministry of Emergency Situations of Russia, named after the Hero of the Russian Federation, Army General E.N. Zinichev, opklex@mail.ru
Zubarev N.V., Associate Professor of the University, opklex@mail.ru
Abstract: one of the most important tasks facing the troops of the national guard at the present time, in the current conditions of the activities of unfriendly countries, is to ensure the national security of the Russian Federation, to protect the foundations of the constitutional order, the rights and freedoms of man and citizen. To solve the task set by the leadership of our country, specially authorized state bodies are regularly created and modified, one of which, in fact, is the Federal Service of the National Guard Troops of the Russian Federation (or the so-called Rosguard), which includes the troops of the National Guard of the Russian Federation. The article discusses some issues of the participation of the National Guard troops in ensuring national security, defines the author's position on the definition of "national security", under which in modern conditions, based on the analysis of internal and external threats, including from unfriendly actions of foreign states, in the context of increasing geopolitical tension is understood as a complex political - legal phenomenon.
Keywords: national Guard troops, national security, protection of the foundations of the constitutional system, human and civil rights and freedoms.
9. 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, opklex@mail.ru
Abstract. 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.
10. Public institutions as an important collective form of educational work (on the example of some state bodies and military organizations).
Zorin O.L., candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Stavickij S.N., academy student, opklex@mail.ru
The article is devoted to a comparative analysis of the activities of public institutions (in the context of their educational work) in some state bodies and military organizations, their commonality and distinctive features. Possible ways of solving the problematic issues identified during the study in the field under consideration are proposed.
Keywords: civil servant, education, state bodies and military organizations, public institution, officer, employee, employee.
11. Features of Russian criminal proceedings conducted outside the Russian Federation.
Kachalov V.I., Doctor of Law, Professor, Head of the Military Training Center at the Russian State University of Justice, opklex@mail.ru
Kachalova L.M., Chief Specialist-Expert of the Department of State Policy and Methodology in the Field of Systematization of Legislation of the Department of Systematization of Legislation of the Ministry of Justice of the Russian Federation, opklex@mail.ru
Abstract: The article analyzes the issues regulating the legal regulation of criminal proceedings outside the Russian Federation. The legal acts regulating the criminal procedural activities of competent authorities outside the Russian Federation are defined. The competent authorities are indicated as participants in criminal proceedings that carry out criminal procedural activities outside the Russian Federation. It is concluded that the evidence that was obtained as a result of investigative and other procedural actions, if they were carried out according to the rules of a foreign state, on their territory, are attached to the criminal case and have equal legal force with the evidence obtained according to the rules of the Criminal Procedure Code of the Russian Federation. Verification and evaluation of this evidence is carried out according to the rules provided for by the Russian Criminal Procedure Law.
Keywords: Competent authorities, the Armed Forces of the Russian Federation, contracts, agreements, evidence, forms of interaction, investigative and other procedural actions.
12. On the appointment of criminal penalties by military courts: materials of judicial practice.
Izotov D.M., candidate of legal sciences, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: The article gives the judicial practice of the cassation, district (naval) military courts in terms of imposing criminal penalties. Examples of the appointment of a milder type of punishment than provided for by some articles of the Special Part of the Criminal Code of the Russian Federation, indications in the verdict of the motives for the decisions taken on all issues related to the imposition of a criminal punishment, release from it or its serving, etc.
Keywords: judicial practice of military courts, sentencing, criminal liability of military personnel
13. Problematic issues of criminal liability of military personnel and citizens who are in reserve, during the passage military fees, for crimes against military service.
Stepanenko N.E., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Pasichnik D.M., cadet, opklex@mail.ru
Abstract: the article conducted a study on particularly important cases that relate to criminal acts of citizens and citizens called up for training, for evading the military and for other cases related to the armed forces, provided for by the application of the Criminal Code of the Russian Federation.
Keywords: evasion from military service, military unit, place of service, status of a serviceman, servicemen undergoing military service by conscription or under a contract, citizens called up for military training, criminal liability, guilt, motive, purpose, subject of the crime, special features.
14. Medical risk and criminal liability of medical workers.
Tsygankov A. Yu., Associate Professor of the Department of UPiP, Candidate of Law, Moscow Witte University, opklex@mail.ru
Annotation. The article is devoted to the study of medical risk and criminal liability of medical workers. The study of the problem of medical risk makes it possible to determine the advantages and disadvantages of criminal law norms, with the help of which criminal proceedings involving medical workers are carried out, as well as gaps in the regulation of liability of this category of persons are identified. A distinctive feature of medical activity is its riskiness at any stage of medical and diagnostic activity. The modern development of medical science and its compliance with international standards is impossible without risky actions in medical activity in order to test new methods of treating patients, testing medicines. The study of the criminal and medical legislation of the Russian Federation, the generally accepted foundations, as well as the norms of international law, the criminal legislation of foreign countries, as well as the practice of their use made it possible to establish a system of conditions for the legality of a reasonable risk in medical activity. The purpose of the study is to consider the criminal liability of medical workers who carry out their activities in conditions of increased risk, to analyze the main issues of medical risk as a type of justified risk, as well as the problems of its enforcement.
Keywords: criminal law, reasonable risk, medical workers, medical activities, legitimacy conditions, medical risk in criminal law, medical care.
15. Constitutional and legal aspects of the Institute of Military Service: comparative analysis of foreign legislation taking into account the specifics of law-making in the Republic of Belarus (beginning).
Kogut V.G., candidate of political sciences, Deputy Secretary General of the IPA CIS Council - Plenipotentiary Representative of the National Assembly of the Republic of Belarus, 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, opklex@mail.ru
Abstract: The need to analyze the legal regulation of military service is dictated by the presence and functioning of the system of military organization of the state. The relevance of this determines the development of directions for improving the legal status of military personnel in the Republic of Belarus. The study of foreign experience, as an illustrative example, will help determine which issues should be reviewed in the legal acts of the Republic of Belarus, as well as what organizational measures can be taken to increase the prestige of military service. In this vein, the experience of leading countries in the military sphere, such as the United States and the Russian Federation, is considered. The legislation of countries with a peculiar training system (Israel, Switzerland), as well as some others with unique approaches to regulation in some issues (Estonia, Turkey, etc.) is studied.
Keywords: military service; international legal regulation; military organization of the state.