THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4


  ISSUE CONTENTS:   

 

1. To the question of the explication of the paradigmatic foundations of military law

Bozrov V.M., Head of the Department of Judicial Activities and Criminal Procedure, UrGUU named after. V.F. Yakovleva, Dr. legal Sci., Professor, Honored Lawyer of the Russian Federation, Colonel of Justice, Honorable Retired Chairman of the Military Court, opklex@mail.ru

Azarenok N.V., Dr. legal Sciences, Associate Professor, Department of Judicial Activity and Criminal Procedure, Ural State Law University named after. V.F. Yakovleva, opklex@mail.ru

Annotation. The article presents a review of the monograph «The Military Law» of the Institute of State and Law of the Russian Academy of Sciences  in three volumes: «The History and Theory of Military Law», «The Current State of Military Law (Institutions of Military Law)», and «The Main problems and prospective areas of military – legal research».  The article systematically analyses this comprehensive study, the results of the work done, their interpretation and practical application.  The monograph is recommended for a wide range of students, scientists and professionals.

Keywords: military law

 

2. International-Legal Regulation of Use of Certain Types of Weapons in Armed Conflict.

Kholikov I.V., Doctor of Law, Professor, Chief Researcher of the Center of International Law and Comparative-Legal Studies, Professor of the Chair of International Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

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 studies basic norms of international humanitarian law, which establish limitation on use or prohibit the use of certain types of warfare. The authors focus on such types of weapons of mass destruction as biological, chemical and nuclear, as well as on the issues of assessment of compliance of new types of weapons with the norms of international law. The conclusions stating the detailed regulation of prohibitions and limitations on the use of certain types of weapons by the norms of international and international humanitarian law, along with the existence of the threat of their bypass or ignorance are drawn.

Keywords: international humanitarian law, means of warfare, weapons of mass destruction, armed conflict, prohibition, limitation.

 

3. Financial responsibility of military personnel: what's new in jurisprudence?

Barannikov M.M., lawyer, opklex@mail.ru

Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru

Annotation. The article is devoted to a brief review of the latest court decisions on bringing military personnel to liability in relation to typical situations. The features and some inconsistencies of legal norms in the sphere of material liability of military personnel are shown.

Keywords: military service, serviceman, liability of servicemen, military courts, judicial practice.

 

4. Competence and professionalism of military leaders when moving them to new military positions.

Glukhov E.A., Candidate of Law, Associate Professor, Military University, opklex@mail.ru

Abstract: the article deals with the problem of reducing the competence of military personnel when transferring them to positions for a new purpose for them or with a significant change in the direction of activity. Using concrete examples, the ability to perform official duties for a new position, as well as duties for combat calculation, is analyzed. It is concluded that there is a need for preliminary retraining or other form of advanced training before such appointments.

Keywords: professional qualities, retraining, military service, career, military position, probation, internship, transfer of military personnel.

 

5. Public control as a criterion for the effectiveness of combating corruption in the National Guard troops.

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 scientific article deals with problematic issues related to the implementation of public control over the activities of the National Guard troops in the field of combating corruption. An analysis, verification and public assessment of the state of corruption in the National Guard troops is presented. The factors that can influence the indicator of assessing the effectiveness of public control in combating corruption in the state military organization under consideration are touched upon.

Keywords: законность, дисциплина, общественный контроль, войска национальной гвардии, противодействие, коррупция, правонарушение.

 

6. On the issue of the competence of the Russian Guard provided for by the draft Code of the Russian Federation on Administrative Offenses (2021) and the draft Procedural Code of the Russian Federation on Administrative Offenses (2020).

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 General of the Army E.N. Zinicheva, opklex@mail.ru

Abstract. In the presented study, the author gives the concept of competence inherent in the Russian Guard. The novelty of the scientific work is that the researcher, analyzing the issues of competence of the Russian Guard, refers to the draft Code of the Russian Federation on Administrative Offenses (2021) and the draft Procedural Code of the Russian Federation on Administrative Offenses (2020). As a conclusion, the author points out that the scope (content) of the powers of Rosgvardiya officials depends on the competence established by law, as well as on the procedural purpose that led to participation in the proceedings on administrative offenses, the category of cases of administrative offenses, as well as the types and sizes of administrative penalties applied to the perpetrators.

Keywords: competence; administrative and jurisdictional activity; Ros Guard; National Guard troops.

 

7. Honorary titles of the Ministry of Defense of the Russian Federation: features of legal regulation.

Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure, Law Institute of the Russian University of Transport, Associate Professor, PhD in Law, opklex@mail.ru

Annotation. The article discusses the specifics of the legal regulation of the Institute of honorary titles of the Ministry of Defense of the Russian Federation, as well as the problems of determining their place in the departmental award system and the practice of application.

Key words: award system, departmental award, honorary titles of the Ministry of Defense of the Russian Federation, encouragement, military personnel, employees

 

8. Criminal liability for sabotage activities (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" dated December 29, 2022 No. 586-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 crimes involving sabotage, the author identifies the positive and negative sides of changes in criminal legislation.

Keywords: criminal law; criminal liability; crimes against the foundations of the constitutional system and the security of the state; sabotage; promotion of sabotage activities; training in order to carry out sabotage activities; organization of a sabotage community and participation in it.

 

9. Qualification errors based on materials of military judicial practice.

Zakaznova A.N., lawyer, opklex@mail.ru

Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru

Annotation: The article gives examples from the practice of military courts, showing the wrong choice of the norm of the Criminal Code of the Russian Federation for the qualification of a crime. The need for legal validity of the qualification of crimes, especially in relation to military ones, is indicated.

Keywords: qualification of crimes, military courts.

 

10. National Guard troops in countering or combating crime?

Grigonis V.P., Associate Professor of the Department of History of State and Law, Ph.D. in Law, Associate Professor of St. Petersburg State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

N.V. Zubarev, lawyer, opklex@mail.ru

A.V. Boykov, lawyer, opklex@mail.ru

Annotation: this article discusses the concepts of "combating crime" and "fighting crime", which are simultaneously used in modern legal literature. So, according to the author, it is high time to make a choice between the two concepts under consideration. The choice should be made in favor of combating crime, firstly, because this concept is most consistent with modern realities and, secondly, because, starting from the 2000s. the legislator began to adhere to this trend in the main.

Keywords: counteraction to crime, fight against crime, legislator, legal literature, troops of the National Guard.

 

11. 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.

 

12. International criminal law and war crimes in the Criminal Code of the Russian Federation: theory of law and comparative analysis for the qualification of crimes.

Annotation. The article examines the theoretical foundations of the institute of international war crimes and their qualification, taking into account the norms of international humanitarian law and their implementation in the criminal legislation of the Russian Federation

Keywords: military law, military criminal law, international criminal law, war crimes, qualification, international humanitarian law.

Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation; N.N. Melnik, expert in the field of international and military law of the USA, European countries, PhD, USA, opklex@mail.ru

 

13. 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 (end).

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.

 

14. Organizational and legal bases of economic mobilization: lessons of war.

Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru

Abstract: the article discusses the organizational and legal foundations of the mobilization of the economy in the conditions of the First World War and the Great Patriotic War; organizational and legal problems and advantages due to the peculiarities of the market economy, the socialist planned economy, the legal personality of the enterprises of the military-industrial complex; the experience of early organization and legal regulation of comprehensive mobilization.

Keywords: legal support of national defense and state security, military threats, large-scale war, military-industrial complex, economic mobilization, corruption.

 

15. Conclusion of concession agreements by military organizations: concept and legal framework.

Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru

Abstract: one of the ways to develop the military-industrial complex is the use of public-private partnership mechanisms, the methods of functioning of which include the conclusion of concession agreements. This article discusses the main content of concession agreements and the legal basis for their conclusion.

Keywords: concession agreement, concession, military-industrial complex, public-private partnership.