THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
ISSUE CONTENTS:
1. Armed conflicts and the law: once again returning to the terminology.
Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Bezbabnov O.G., Head of the Legal Department of the Ministry of Defense of Russia, opklex@mail.ru
Annotation. The article discusses the main approaches of both foreign and domestic (Soviet and Russian) scientists in the legal terminology of regulation of armed conflicts.
Keywords: public international law, law of armed conflicts, international humanitarian law, law of war, laws and customs of war, military law, sources of law, legal regulation of armed conflicts
2. Formal legal method of studying military relations and military law.
Kudashkin V.V., State Secretary of JSC Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law, opklex@mail.ru
Resume. The article discusses the methods used in conducting military legal research. The use of the means and methods of formal logic for legal research was predetermined, on the one hand, by their earlier development as methods of cognition of human existence, and on the other hand, by the very nature of law as a social phenomenon. It is concluded that the laws of formal logic do not allow one to look into the depths of legal matter, to understand the processes taking place there, to identify connections and patterns. They can ensure the accumulation of consistent knowledge about the subject, but not the comprehension of its essence. The absolutization of formal-logical methods does not allow revealing the social purpose of the subject of research, its place among other phenomena of legal reality and, as a result, understanding the nature of a legal phenomenon.
Key words: Military law, military relations, formal legal method, military legal research.
3. Periodization of the armed conflict and the objectives of a special military operation in matters of international law.
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, military law of the USA and European countries, PhD (USA), opklex@mail.ru
Resume. The article provides an analysis of the periodization of the armed conflict in Ukraine and, depending on its type, the application of the law of armed conflict, taking into account the objectives of a special military operation, as well as the qualification of committed illegal acts.
Keywords: law of armed conflicts, special military operation, international law, military law.
4. International legal basis for the transfer of bodies of servicemen who died during armed conflicts, as well as the preservation of their graves.
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: practically no armed conflict is complete without the death of servicemen from all sides of the armed confrontation. At the same time, an important obligation on the part of the States parties to such a conflict is the transfer to the opposite side of the bodies of dead enemy servicemen.
Keywords: military service, serviceman, burial of servicemen, state obligations, social guarantees of servicemen.
5. On the dismissal of contract servicemen from military service on examples from military judicial practice.
Lobov Ya.V., candidate of legal sciences, associate professor, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: the article highlights some issues of law enforcement practice on the part of commanders (chiefs) in the field of dismissal from military service of military personnel serving under a contract, using examples of consideration by military courts of administrative claims.
Key words: military service, serviceman, dismissal from military service, military courts.
6. On the implementation by the troops of the National Guard of the Russian Federation of the tasks assigned to them by legislation.
Kainov V.I., Doctor of Law, Professor, Professor of the Department of State and Legal Disciplines of the North-Western Branch of the Russian State University of Justice, opklex@mail.ru
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 authors analyze the tasks of the troops of the National Guard of the Russian Federation. It is concluded that the complex of tasks solved by the troops of the National Guard of the Russian Federation is extensive, diverse, and requires specific training of personnel.
Keywords: troops of the National Guard; protection of public order; ensuring public safety; protection of important state facilities, special cargo, structures on communications; participation in the fight against terrorism and extremism, ensuring the state of emergency, martial law, the legal regime of counter-terrorism operations, territorial defense of the Russian Federation; assistance to the border agencies of the federal security Service in the protection of the State borders of the Russian Federation; federal state control (supervision); protection of especially important and sensitive objects, property of individuals and legal entities under contracts.
7. Challenging the actions (inactions) of two defendants by a serviceman, one of whom is a military official, the second is a civilian subject.
Minyailenko N.N., Candidate of Legal Sciences, Professor, opklex@mail.ru
Abstract: the article analyzes the possibility of an appeal by a serviceman against the actions (omissions) of several defendants, the jurisdiction of disputes with which is attributed to various courts: military and district. On the example of a specific court dispute, the procedural procedure for appealing against such a category of cases is analyzed. The author comes to the conclusion about the jurisdiction of this category of disputes by the district court.
Keywords: jurisdiction, multiple defendants, military court, registration of military personnel, realization of social rights, provision of public services, interdepartmental interaction.
8. Form or content (or about the names of positions in scientific organizations of military departments).
Glukhov E.A., Candidate of Law, Associate Professor, St. Petersburg Military Institute of the National Guard Troops, opklex@mail.ru
Abstract: the article analyzes the term "scientists" from the point of view of establishing the categories of persons related to them. Comparing the terms "researcher" and "researcher", the author comes to the conclusion that the first of these categories is broader and includes the second. The examples of judicial practice reveal conflicts and gaps in legal regulation regarding subjects of scientific activity and the provision of social support measures to them.
Keywords: researcher, scientific activity, management in the field of science, doctoral student, military positions, formal approach, military management bodies.
9. On the specifics of determining the value of lost property and bringing military personnel to limited liability.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: the article deals with the issue of determining the amount of actual damage caused by military personnel to the state during the performance of official duties. The procedure for determining the amount of money when bringing officials to limited liability is also being considered.
The topic of material responsibility of military personnel is always relevant, since military units are constantly equipped with new, expensive equipment that requires in-depth knowledge in the specifics of its operation and storage. The specifics of the material responsibility of military personnel have repeatedly been studied by legal scholars. Legislation changes over time, the provisions of Federal Law No. 161-FZ of July 12, 1999 "On the material liability of military personnel" (hereinafter referred to as 161–FZ) adapt to the modern life of the troops, clearly become applicable to almost all cases where there are grounds for bringing military personnel to material responsibility, legal and technical issues are eliminated defects, provisions that could previously be interpreted ambiguously are specified. Nevertheless, at present there continue to be cases when the same article 161-FZ is interpreted differently by the participants in the trial.
One of the main tasks of the commander of a military unit in identifying damage (loss, shortage) is not only to bring the perpetrators to financial responsibility, but also to achieve full compensation for damage. At the same time, if military personnel are involved in limited material liability, the amount of which will be less than the amount of damage caused, military officials may have problems with writing off the remaining amount of damage at the expense of the federal budget of the country.
Keywords: limited liability, salary of monetary maintenance, market value, book value, amount of damage caused, financial accounting.
10. The right of servicemen of the National Guard of the Russian Federation and their family members to health protection and medical care.
Nazarova I.S., candidate of legal sciences, associate professor, rights of the head of the constitutional department and the administrative faculty (command) of the St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract: The right of servicemen of the National Guard troops of the Russian Federation and their family members to health protection and medical care is a set of more specific rights of various kinds aimed at satisfying their interest in maintaining health, but providing it in various ways. The totality of these specific rights forms the content of a more general right of military personnel to health protection, which, therefore, must be attributed to complex rights.
Keywords: social guarantees; military personnel and their family members; troops of the National Guard of the Russian Federation.
11. New in criminal legislation on criminal liability for encroachments on the foundations of the constitutional order and security of the Russian Federation (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation" dated 28.04.2023 No. 157-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 that infringe on the foundations of the constitutional system and the security of the Russian Federation, the author identifies the positive and negative sides of changes in criminal legislation.
Keywords: national security; foundations of the constitutional order; State security; international Criminal Court; Rome Statute; sabotage; terrorist act; promotion of terrorist activities; attack on persons or institutions that enjoy international protection; act of international terrorism.
12. Some issues of application by military courts of the requirements of criminal procedure legislation.
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Nazarov A.A., lawyer, lecturer, opklex@mail.ru
Annotation: The article discusses some decisions from the practice of garrison, and later the district (naval) courts, which allow to show some problems in the application of criminal procedural prescriptions.
Keywords: judicial practice of military courts, criminal procedure legislation, accusation, sentence, special order of trial.
13. On the concept of extremist crimes and on the participation of National Guard troops in the fight against terrorism and extremism.
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: The presented study analyzes the participation of the National Guard troops in the fight against terrorism and extremism. It is noted that in order to classify acts as crimes of extremist orientation, it is necessary to take into account the extremist motive for their commission, which implies political, ideological, racial, national or religious hatred or enmity, or hatred or enmity against any social group. It is concluded that based on the available classifications, the system of extremist crimes can have different forms depending on one or another author's scientific position.
Keywords: national guard troops; terrorism; extremism.
14. Some problematic issues arising when servicemen choose how to realize their right to housing.
Nabiev A.S., Lawyer, opklex@mail.ru
Abstract: At the present time the further development of forms and methods of military men's realization of their right for housing is going on. The article presents the results of the analysis of the problems arising at the choice of military men's realization of the right to housing and possible ways of their elimination.
Keywords: military service, housing maintenance, accumulative mortgage system, living accommodation.
15. Assessment of the application of international experience in the legal regulation of military service in the Armed Forces of the Republic of Belarus.
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 presented study notes that the application of historical or foreign experience through the direct implementation of norms into legislation in this area is not possible, since legislation in this area must be consistent with the set of regulatory legal acts in force in the state.
Keywords: international experience; legal regulation; Armed Forces of the Republic of Belarus.
16. On some issues of combating manifestations of fascism as the most important direction of state policy of the Russian Federation.
Norenko I.V., Candidate of Law, Associate Professor of the Department of Theory and History of State and Law of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. The most important direction of the state policy of the Russian Federation is a resolute struggle against modern manifestations of fascism. The author rightly points out that such a struggle is necessary, since the spread of the ideas of fascism by extremist individuals and associations poses a threat to the foundations of the constitutional system, leads to the violation of the constitutional rights and freedoms of man and citizen, undermines public security and the state integrity of the Russian Federation. According to the author, it is necessary to develop a general definition of the concept of "fascism", to identify clear signs that distinguish fascism from other negative socio-political phenomena. The author's proposals on optimizing the current legislation of the Russian Federation deserve special attention.
Keywords: fascism, signs of fascism, manifestations of fascism, Nazism, extreme-right ideology
17. On improving activities in the field of fire safety in the field of defense industry.
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 discusses some issues of improving activities in the field of fire safety in the field of defense industry. A number of amendments made to Federal Law No. 69-FZ of December 21, 1994 "On Fire Safety" are being investigated.
Keywords: fire safety; legal regulation; unscheduled fire inspections.