THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
ISSUE CONTENTS:
1. The historically conditioned method of legal research in military law is the comparative legal method.
Kudashkin V.V., State Secretary of JSC Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law, opklex@mail.ru
Annotation. When conducting legal research, this method helps to identify the objective conditionality of a particular legal phenomenon. However, it does not allow us to explain either the essence of the form of this phenomenon, or the essence of social relations mediated by this legal form, or the patterns of functioning of phenomena when interacting with each other within the framework of the national legal system, or, finally, the objectivity and patterns of the existence of this legal phenomenon from the point of view of not its forms, but essences. All this is outside the specified method. It is concluded that military lawyers of the pre-revolutionary and Soviet period in the development of the science of military law formed a solid foundation for subsequent military legal research based on the use of methods modern for that period of scientific knowledge of legal matter (formal legal and comparative legal).
Key words: Military law, military relations, formal legal method, comparative legal method, military legal research.
2. On some issues of ensuring and strengthening the state sovereignty of the Russian Federation in the conditions of a special military operation.
Konokhov M.V., Leading Researcher at the Institute of State and Law of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article raises certain issues related to the provision and strengthening of the state sovereignty of the Russian Federation by legal means, its transformation in connection with the conduct of a special military operation of Russia in Ukraine, and makes proposals to improve the conceptual foundations of the legal provision of state sovereignty of the Russian Federation.
Keywords: sovereignty, state territory, special military operation, defense and security, new regions within the Russian Federation
3. The principle of military necessity: the balance between military goals and objectives and humanitarian goals in an armed conflict.
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
Abstract. The article analyzes the principle of "military necessity" – one of the most difficult to accurately understand in the law of armed conflicts, compliance with which in the history of armed conflicts has not been.
Keywords: military law, the law of armed conflicts, the principle of military necessity, armed conflict.
4. International legal protection of certain territorial objects during armed conflicts.
Batyr V.A., Candidate of Legal Sciences, Professor, Professor of the Department of International Law of the Kutafin Moscow State Law University (MGUA), opklex@mail.ru
Abstract: In the article, using the method of morphological analysis of the international legal protection of individual territorial objects during armed conflicts, four groups of objects are identified, namely: protected by IHL treaty norms as civilian objects in the area of hostilities, i.e. objects that cannot be military targets and are not used for military purposes; created outside the area military operations that receive protection through unilateral notification of the enemy by the other side of the armed conflict; special zones, localities, areas as places of shelter for victims of armed conflicts from attack, created in the area of hostilities and receiving protection in accordance with special agreements between the parties to the armed conflict; created by decision of international intergovernmental organizations or guarantor States in the area of hostilities. The protective properties inherent in each of the objects included in the corresponding group have been identified. On this basis, the construction of a morphological table of objects is proposed, which made it possible for research purposes to present a form of description of solutions related to the use of armed violence. The existence of 14 subinstitutions within the framework of the general institute for the protection of civilian objects during armed conflicts is stated, including the conclusion about the independence of the institute for the protection of cultural property within the framework of the "system of the Hague Convention of 1954". Two trends in the development of international humanitarian law in the field under consideration are noted, on the basis of which conclusions are drawn about the futility of imputing new obligations to States to conclude agreements on the establishment of protected zones; about the importance of criminalizing attacks on prisoner of war camps, etc.; about the designation of a number of objects with distinctive signs.
Keywords: international humanitarian law, armed conflict, protection of territorial objects.
5. Special military operation and martial law regime: legal gaps.
Vinokurov V.A., Saint Petersburg University of the Ministry of Emergency Situations of Russia, Saint Petersburg, Russia, opklex@mail.ru
Annotation. The article is devoted to the special legal regime of martial law, which is considered through the prism of constitutional norms, the Federal Constitutional Law "On Martial Law", as well as acts of the head of state concerning the introduction of martial law on the territory of certain subjects of the Russian Federation. An explanation of the phrase "special military operation" is offered.
The normative legal act of the head of state providing for measures to be implemented in the subjects of the Russian Federation in connection with the issuance of the Decree of the President of the Russian Federation dated October 19, 2022 No. 756 "On the introduction of martial law in the territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions" is analyzed. Legal inconsistencies and legal and technical errors have been identified in the text of the analyzed act.
As a result of the conducted research, proposals were formulated to amend the Federal Constitutional Law "On Martial Law" and to amend the Decree of the President of the Russian Federation No. 757 of October 19, 2022 "On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation No. 756 of October 19, 2022".
Keywords. Constitution of the Russian Federation; martial law; special legal regime; special military operation; response levels; acts of aggression; military conflict.
6. On the specifics of the legal regulation of the martial law regime in Russia.
Tulaev A.N., candidate of legal sciences, 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
Pogadaeva Ya.M., Assistant Senior Investigator for Particularly Important Cases Main Investigative Committee of the Investigative Committee of Russia for St. Petersburg, opklex@mail.ru
Annotation: The article reveals the specifics of the legal regulation of martial law in the Russian Federation. The dynamics of the development of the institute under study is revealed. The powers of state authorities during the period of the introduction of martial law are analyzed, as well as ways to improve Russian legislation regulating the special legal regime are proposed. This is very relevant at the present time, due to the fact that due to the current situation on the borders of the sovereign Russian state and the unprecedented negative attitude of Western countries towards Russia, for the first time in the history of the Russian Federation, on October 19, 2022, the President of the Russian Federation signed Decree No. martial law in the territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions.
Key words: martial law, President of the Russian Federation, aggression, territory, regime, power, citizens, threat, war, state.
7. On the assessment of the state of intoxication of a serviceman, committed an administrative offense, based on materials of military judicial practice.
Sotnikova V.V., Candidate of Legal Sciences, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: the article presents modern military judicial practice based on materials on administrative offenses committed by servicemen in a state of intoxication driving a car.
Key words: military court, serviceman, administrative offense, state of intoxication.
8. Bringing to responsibility for committing a corruption offense after the dismissal (termination of powers) of certain categories of persons.
Zaikov D.E., Associate Professor of the Department "Theory of Law, Civil Law, Civil Procedure" of the Law Institute of the Russian University of Transport, Associate Professor, PhD in Law, opklex@mail.ru
Annotation. The article analyzes the peculiarities and shortcomings of the legal regulation of the procedure for bringing certain categories of persons to responsibility for committing corruption offenses after dismissal (termination of powers), and also suggests ways to resolve them.
Key words: anti-corruption, dismissal, termination of powers, registry, prosecutor, loss of trust.
9. About the peculiarities of the qualification of military personnel's trips on official matters to another locality in order to perform an official task.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: The article discusses the peculiarities of attributing trips of military personnel undergoing military service under a contract outside the military unit's location to official business trips or other events held outside the military unit. Due to the implementation of various measures to ensure the units performing the tasks of a special military operation on the territory of Ukraine, the issue under consideration is currently relevant. The solution of the issue of the correct qualification of service trips of military personnel will allow the commanders of military units, the heads of military administration bodies to correctly determine the type of service trips in which subordinate military personnel are departing, to correctly formulate service assignments for subordinate military personnel when sending them on official business trips, which guarantees minimization of disputes regarding the legality of compensation payments.
Keywords: military personnel, business trips, special military operation
10. Military clergy as an organizational and legal means of protecting Russian traditional spiritual and moral values. Part 1.
Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru
Abstract. The article briefly discusses and analyzes certain problems of improving legal work in the field of state-church relations when recreating the institution of military clergy in the military, taking into account the significant changes that have occurred in the Constitution of Russia and the new National Security Strategy of Russia, and also taking into account the institutions of religious associations, possible ways of solving them are proposed.
Keywords: legal work, morale, the right of military personnel to freedom of religion, military clergy, Constitution, Strategy, historical memory, continuity, ideals, faith in God, spiritual and moral values.
11. Issues of carrying out of lump-sum payments to servicemen wounded (injured) during special military operation.
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
Belousova M. S., Legal Advisor of the Legal Service of Kirov Military Medical Academy, opklex@mail.ru
Abstract. The article studies the basics of normative legal regulation and problem issues of carrying out of lump-sum payments to servicemen wounded (injured) during special military operation. The authors consider the amount and procedure of carrying out of the mentioned payments, indicate the officials authorized to make decisions on such payments, analyze the reasons for carrying them out or for rejection to do so. It is indicated that the court practice is quite established at present time and according to it the lump-sum payment can be carried out to the serviceman only in case he was wounded (injured) during execution of special tasks. The problems connected with issuing of powers of attorney by servicemen who undergo treatment in military medical institutions after being wounded are studied. The comparative-legal research of powers of attorney issued by the notary and by the officials of military-medical organizations is conducted.
Keywords: medical assistance; lump-sum payment; special military operation; servicemen, court practice; certification of authorities.
12. On monetary allowance for servicemen and individual payments in the light of military court decisions.
Kalashnikov V.V., PhD in Law, Associate Professor, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: the article discusses some examples of judicial practice in the field of monetary allowance for military personnel and the provision of individual payments to them
Key words: military service, soldier, monetary allowance for military personnel, payments to military personnel
13. The right of employees of the National Guard troops of the Russian Federation and their family members to protect their health and provide them with medical care.
Nazarova I.S., candidate of legal sciences, associate professor, Head of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov, Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract: it is noted that at present, the right of employees of the National Guard troops of the Russian Federation and their family members to health protection and medical care is carried out with the help of legal, social and economic conditions, which include a set of regulatory legal acts defining organizational aspects of medical provision and service of this category of citizens, sanatorium treatment, as well as financing expenses related to the activities of government bodies and their officials to ensure the right in question.
Keywords: social guarantees; employees and their family members; troops of the National Guard of the Russian Federation; health protection; medical care.
14. Features of legal regulation of medical support for military personnel (employees) of the National Guard troops of the Russian Federation.
Babaytseva E.S., Adjunct of the 25th Department of the Prince Alexander Nevsky Military University Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract: This article examines the legal aspects of medical support for military personnel (employees) of the National Guard troops of the Russian Federation, identifies the main features of this type of support.
Keywords: serviceman, employee, Ros Guard, troops of the National Guard of the Russian Federation, medical support, medical activity.