THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6
ISSUE CONTENTS:
1. Empathy of the post-bipolar world vs. design of the post-Westphalian legal order.
Tushkov A.A., Doctor of Historical Sciences, Leading Researcher at the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Annotation: n the proposed article, the author analyzes the problem in the methodological terminology of law concerning such a definition as "Westphalian law and order". Today we are witnessing a unique period in international relations when the clash of global world powers transforms the existing legal order into a new, post-Westphalian one. At the same time, the struggle for the influence of the centers of power is becoming increasingly acute. In these conditions, the problem of the formation of a discursive space around the ongoing global changes is not terminological and not definitive, but conceptual, considered in the paradigm of civilizational development. Its solution, according to the author, will give an opportunity to consider the events taking place today in a different range of political practice, will allow answering many acute questions of modern international legal relations.
Key words and phrases: international legal relations, post-Westphalian period, post-bipolar world, Yalta-Potsdam system of law and order, Westphalian paradigm
2. Military-political context and the semantic significance of the concept «volunteer».
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
Prudnikova L.B., candidate of legal sciences, associate professor Senior Lecturer of the Department of General Legal Disciplines Volgodonsk branch of the Federal State Treasury Educational Institution of Higher Education "Rostov Law Institute "Ministry of Internal Affairs of the Russian Federation, opklex@mail.ru
Annotation: The article outlines the etymological and legal foundations of the military-political context in revealing the semantic meaning of the term "volunteer", including using a comparative legal analysis in relation to the term "volunteer". The authors demonstrate the difference in the commonly used meaning of these terms in relation to the functionality of these categories of persons in the framework of a special military operation. It is concluded that the monetization of volunteering on the basis of a contract actually equates the latter to "contract soldiers" when such formations are involved in assisting the Armed Forces of the state and should be reflected in a specialized law on volunteering.
Key words: volunteer, volunteer, civil society, special military operation, servicemen, contractors, mobilized.
3. Accounting for the personnel of military personnel undergoing military service under a contract who left for treatment in medical organizations while on a business trip, and the legal consequences arising from this.
Krasikov S.S., lawyer, opklex@mail.ru
Annotation: This article deals with the problem of accounting for personnel, as well as the production of military personnel serving under a contract, payments for travel expenses upon departure from the location of a military unit to perform official tasks. At present, the activities of military personnel are often associated with the performance of tasks outside the permanent deployment of a military unit, far from their place of residence. At the same time, business trips can be both short-term and long-term up to a year. Under such circumstances, the officials of military units responsible for accounting for personnel, financial support of military personnel should have a single and clear understanding of the correct maintenance of personnel records and, as a result, the production of payments for travel expenses.
Key words: travel expenses, treatment in military medical institutions, daily allowance, payment for accommodation, travel certificate, advance report.
4. The system of remuneration of employees of military units: problems 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 analyzes the features and disadvantages of the legal regulation of the remuneration system for employees of military units and military organizations subordinate to the Ministry of Defense of the Russian Federation, and also suggests ways to resolve them.
Key words: employees, employer, military units, remuneration, district coefficient, official salary.
5. Legal basis for the burial of dead (deceased) servicemen.
Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru
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, opklex@mail.ru
Abstract: one of the important obligations on the part of the state to military personnel is to ensure and implement the procedure for the burial of military personnel. This article discusses the legal basis for the State to fulfill such an obligation.
Keywords: military service, serviceman, burial of servicemen, state obligations, social guarantees of servicemen.
6. About some issues related to the provision of persons who have served in the military and the provision of social guarantees to them.
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
Dunaeva E.A., assistant to the deputy of the municipality, opklex@mail.ru
Ladilova Yu.D., assistant lawyer, opklex@mail.ru
Abstract: The presented study analyzes and discusses certain issues of pension provision and the provision of social guarantees to persons who have served in the military. A range of definitions is proposed, which should be supplemented by the Law of the Russian Federation No. 4468-1 of 12.02.1993. The changes in legislation are considered, the problems of indexing military pensions are touched upon and ways to solve them are proposed.
Keywords: national Guard troops; pension provision; persons who have served in the military.
7. 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.
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
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.
8. New in criminal legislation on criminal liability for encroachments on state and military security of the Russian Federation (scientific and practical commentary to Federal Laws "On Amendments to the Criminal Code of the Russian Federation" dated 18.03.2023 No. 82-FZ, "On Amendments to the Criminal Code of the Russian Federation" dated 18.03.2023 No. 58-FZ).
Ermolovich 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 that infringe on state and military security, the author identifies the positive and negative sides of changes in criminal legislation.
Keywords: national security, military security, state security, illegal export, weapons, military equipment, weapons of mass destruction, export control, smuggling, public dissemination of deliberately false information, discrediting, the Armed Forces of the Russian Federation, volunteer formations.
9. Scientific and Practical Commentary to Federal Law No. 58-FZ of March 18, 2023 "On Amendments to the Criminal Code of the Russian Federation".
Chukin D.S., Senior Lecturer of the Department of Criminal Procedure and Criminalistics of the Saratov Military Order of Zhukov of the Red Banner Institute of the National Guard of the Russian Federation, Lieutenant Colonel of the Institute, opklex@mail.ru
Summary: The article analyzes changes in the criminal law aimed at additional protection of the foundations of the constitutional system, state and public security of the Russian Federation by establishing criminal liability for the dissemination of deliberately false information about the provision of assistance by volunteer formations, organizations or persons in the performance of tasks assigned to the Armed Forces of the Russian Federation and their discrediting, as well as for illegal entry into a protected object. It is noted that the legislator equalized the benefits and guarantees of members of volunteer formations with the benefits and guarantees of military personnel, including through the criminal protection of their status. The evaluation of the term "discrediting" and the difficulty in distinguishing between the acts provided for in Articles 207.3 and 280.3 of the Criminal Code of the Russian Federation are stated. It is stated that in fact, fakes and discrediting are a kind of slander and insults aimed at public interests.
Key words: volunteer formations, deliberately false information, discredit, slander, insult, information security, evaluative concepts, fakes, publicity, protected object, administrative prejudice, public danger
10. On preventive measures in relation to material and procedural aspects from the standpoint of the practice of military courts.
Smirnov D.V., candidate of legal sciences, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: The article considers some legal prescriptions of the criminal procedural legislation regarding the choice of preventive measures by the court, including in the form of detention, extension of the term of detention. An analysis of the judicial practice of military courts related to the application of preventive measures is given.
Key words: preventive measures, detention, house arrest, military courts.
11. On housing provision for servicemen upon dismissal from military service (based on judicial practice).
Leontiev VN, PhD in Law, Associate Professor of the Military Training Center at the Russian State University of Justice, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: Using examples from military judicial practice, the issues of applying the norms of housing provision for servicemen upon dismissal from military service are considered. Typical situations allow us to see the details and particulars of legal regulations, ignoring which leads to a violation of the rights of military personnel.
Keywords: military service; dismissal from military service; housing for military personnel; serviceman; arbitrage practice; military courts.
12. Some aspects of the provision of constitutional housing guarantees to military personnel, citizens discharged from military service and (or) their family members related to the absence of statutory deadlines for their implementation.
Nieder S.A., Teacher in the cathedra of Criminal Procedure and Criminalistics of the Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru
Annotation. In the article, the author considers issues related to the long wait for the implementation of housing guarantees by military personnel, citizens discharged from military service and (or) members of their families. Analyzing the content and scale of the problem, the author reasonably expresses an opinion on the need to establish deadlines for providing housing.
Key words: budget, serviceman, housing, living quarters, housing guarantees, queue, implementation period.
13. Constitutional and legal procedures for dismissal from military service: comparative analysis of foreign legislation (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: An important aspect of serving in the armed forces is the moment of dismissal. The grounds, the procedure, and most importantly, the consequences of dismissal are of absolute importance. The significance of this stage of service activity is due to the fact that it marks a qualitative change in status, expressed in the loss of signs that determine the specifics of the legal status of a serviceman. It depends on the quality of legal regulation of the grounds, procedure and consequences of dismissal from military service to what extent the transition of a serviceman to a new status will be painless and will allow him to adapt to the conditions of "civilian" life.
Keywords: dismissal from military service; military legislation.
14. The state of legality in the field of housing and communal services and the work of prosecutors.
Mamatov M.V., candidate of law, head of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offences research Institute of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru
Maslov I.A., senior researcher of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offenses of the research Institute of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru
The article is devoted to the study of the state of legality in the sphere of housing and communal services based on the analysis of the results of the work of the Prosecutor's Office of the Russian Federation and the justice authorities from 2018 to the present.
Keywords: housing and communal services, legality, prosecutor, court, enforcement, statistical data.
15. Comparative analysis of the criminal legislation of foreign countries in the field of intentional bankruptcy.
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
Staroselet O.S., postgraduate student of the department of criminal law and process of PetrSU, opklex@mail.ru
Abstract. The article presents an analysis of the foreign criminal legislation of the countries of the Romano-Germanic legal family, which establishes liability for deliberate and fictitious bankruptcy. The author took such countries as Germany, France, Spain and Sweden as examples. A study of foreign legislation has shown that the criminal law norms governing liability for criminal bankruptcy, with an obvious variety of approaches and various legal techniques, for the most part reflect similar actions of subjects recognized as criminal. The main identified trends in the development of the institution of criminal bankruptcy are defined as the blurring of the legal distinction between intentional and reckless bankruptcy, which is expressed through negligence of actions, entailing the onset of a critical financial situation at the enterprise, a formal approach to determining the composition of intentional bankruptcy, as well as the lack of clear criteria that determine the subject of the crime.
Keywords: foreign legislation, criminal law, intentional bankruptcy, corpus delicti, the subject of the crime, guilt, punishment.