THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9
1. A systematic method for the study of military relations and military law.
Kudashkin V.V., State Secretary of JSC Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law, email@example.com
Annotation. The article discusses the methods used in conducting military legal research. It is concluded that the use of formal legal and comparative legal methods in military legal research of the pre-revolutionary and Soviet periods created a solid foundation for the knowledge of legal matter. At the same time, systematic research in the field of military relations and military law has not been conducted. Proceeding from the subject and object of military law, for their study it is objectively necessary to use a system-structural method based on the universal dialectical materialist method.
Key words: Military law, military relations, formal legal method, comparative legal method, systemic structural method, military legal research.
2. The place and role of military security in the national security system.
Guliyev B.Sh., Doctor of Philosophy, Professor, firstname.lastname@example.org
Seyidov J.A., teacher, Military Academy of the Armed Forces, email@example.com
Annotation. The national security article discusses the place and role of military security in the system. The article analyzes the transformation of military security in modern conditions, the growing role of military power, as well as the difference between military power and defense capability. The current stage of human development is characterized by numerous socio-economic conflicts and political contradictions for control over commodity, energy, scientific and technical, information, human and territorial resources, as well as access to commodity markets. The spectrum of military and non-military threats and challenges poses a serious threat to society and its security and has an economic, political, environmental, demographic, informational and technological focus. That is why the importance of military power in the system of international relations under present-day conditions has not only not diminished, but has in many cases increased. Thus, world geopolitics, serious changes in the socio-economic, spiritual and moral life have brought to the fore the problem of ensuring military security. In order to determine ways to strengthen the country's military security, it is first necessary to note its role and place in the national security system. National security is a set of criteria that characterize the ability to protect the integrity of the country, independently resolve political, economic, social and other issues and act as an independent entity in the system of international relations.
Key words: national security, national security system, military security, military potential, defense capability.
3. Organizational and legal foundations of the activities of private military companies in the modern geopolitical confrontation. Private military companies during a special military operation.
Grigonis V.P., Associate Professor of the Department of History of State and Law, Ph.D. in Law, Associate Professor of St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, named after the head of the Russian Federation, General of the Army E.N. Zinicheva, firstname.lastname@example.org
Zubarev N.V., lawyer, email@example.com
Nosov N.V., lawyer, firstname.lastname@example.org
Lagoshin D.A., student, email@example.com
Abstract: nowadays, private military companies often occupy an equal position with regular armies. Moreover, according to the authors, such structures in the future will play an increasingly significant role in armed conflicts and wars of the XXI century. The article analyzes the legal basis for the use of private military companies in Russia and the United States. According to the authors, the difficulties of legal regulation of the activities of Russian private military companies are primarily due to the complete absence of a legislative framework in this area. The attempt of an armed rebellion in June 2023 in Russia, the so-called "march of justice", and its legal consequences show the relevance of a detailed consideration of the issues of regulatory regulation of the activities of private military companies in the Russian Federation.
Keywords:special military operation, private military companies, legal regulation.
4. On the issue of the legal regimes "martial law" and "counter-terrorist operation" and the implementation by the troops of the National Guard of the Russian Federation of their powers in these regimes.
T.A. Volkogon, Associate Professor of the Department of Constitutional and International Law of the Altai State University, Candidate of Legal Sciences; A.N. Tulaev, Candidate of Legal Sciences, Associate Professor of the Department of Theory and History of State and Law of the St. Petersburg University of the State Fire Service of the EMERCOM of Russia. Hero of the Russian Federation Army General E.N. Zinichev; 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, firstname.lastname@example.org
Abstract: The presented study examines the cases of the introduction of martial law, as well as the differences between a counter-terrorism operation and martial law from a legal point of view. The role of the National Guard troops in ensuring these regimes is clarified. Article 22 of the Federal Constitutional Law "On Martial Law" is being analyzed, related to the need to notify and inform the Secretary-General of the United Nations and the Secretary-General of the Council of Europe about the withdrawal of the Russian Federation from its obligations under international treaties related to the restriction of the rights and freedoms of citizens, as well as the termination of such withdrawal in connection with the cancellation (termination actions) of the martial law regime. The necessity of adopting an order of the Federal Service of the National Guard Troops of the Russian Federation, which will prescribe a list of persons authorized to draw up a protocol on administrative offenses provided for in Article 20.5.1 of the Administrative Code in violation of martial law, is justified.
Keywords: martial law; counter-terrorism operation; national Guard troops; United Nations; Council of Europe; restriction of human rights and freedoms; denunciation; universally recognized principles and norms of international law.
5. Digitalization of military registration: on some issues of improving legal regulation.
Konokhov M.V., Leading Fellow of the Institute of State and Law of the Russian Academy of Sciences, Ph.D. in Law, email@example.com
Annotation. The article deals with certain issues related to the improvement of the organization of military registration of citizens of the Russian Federation. The author notes the positive aspects of the transfer of military registration to the digital environment, but at the same time, certain individual gaps in the legal regulation of this process are indicated. In order to eliminate these gaps, the author formulates proposals for improving the current legislation in this area of public relations.
Keywords: digitalization of military records
6. Specific aspects of regulatory regulation of the sphere of procurement of goods, works, services by the Federal Service of the National Guard Troops of the Russian Federation.
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, firstname.lastname@example.org
Shenshin V.M., candidate of legal sciences, associate professor, email@example.com
Associate Professor, Department of Law, St. Petersburg State University of Architecture and Civil Engineering
Abstract: The presented research is aimed at identifying the features of the procurement of goods, works and services from Rosgvardiya. In the context under consideration, the authors touch upon this sphere through the prism of issues of regulatory regulation of the relevant legal relations that are developing, including within the framework of a special military operation and ensuring the martial law regime.
Keywords: martial law; special military operation; Rosgvardiya; procurement of goods, works and services.
7. On the subjects of administrative and jurisdictional (jurisdictional) activities in the internal troops of the ministry of internal affairs of the republic of Belarus.
Bruyako A.N., Applicant of the Department of Constitutional and Administrative Law of the Academy of Public Administration under the President of the Republic of Belarus, firstname.lastname@example.org
Abstract. This article reveals the essence of the subjects of administrative and jurisdictional activities in the internal troops of the Ministry of Internal Affairs of the Republic of Belarus, their characteristic features are highlighted, and a distinction is made with similar legal concepts. The author of the work gives the author's definition in the field under study, which does not contradict the approaches that have developed in science, but only complements and develops them. The article delimits the subjects of administrative-jurisdictional activity from the administrative jurisdiction.
Keywords: jurisdiction in administrative law, administrative jurisdiction, administrative-jurisdictional activity, administrative activity, internal troops, subjects of administrative-jurisdictional activity, subjects of law.
8. On the issue of granting the EMERCOM of Russia additional powers to carry out administrative and jurisdictional activities.
Babushkin M.Yu., Deputy Director of the Department for Supervisory Activities and Preventive Work of the Ministry of Emergency Situations of Russia, email@example.com
Nemchenko S.B., candidate of legal sciences, associate professor, Head 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, firstname.lastname@example.org
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, email@example.com
Abstract. The presented study analyzes the norms of criminal and administrative legislation providing for the peculiarities of protecting the dignity of some officials of the Ministry of Emergency Situations of Russia. The decisions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and other courts of general jurisdiction aimed at protecting this constitutional right are studied. The directions of solving the most problematic issues are proposed, including by making additions to a number of norms of administrative legislation.
Keywords: EMERCOM of Russia; dignity of the individual; violence; insult; investigator of the state fire supervision body of the Federal Fire service; Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation.
9. Some problems of paying employees of military units’ overtime and night work.
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, firstname.lastname@example.org
Annotation. The article deals with the problems of determining the order of remuneration when an employee performs work in conditions deviating from normal, such as overtime and night work, their decision by the Constitutional Court of the Russian Federation, as well as its impact on the organization of work in military units.
Key words: overtime work, night work, employees of military units, remuneration, salary.
10. Organization and protection of human and civil rights and freedoms in an emergency situation in the Russian Federation.
Moreva A.A., Main Directorate of the Ministry of Emergency Situations of Russia for St. Petersburg, email@example.com
Abstract: The article deals with topical issues related to the organization and protection of human and civil rights and freedoms in emergency situations in the Russian Federation. The analysis of a number of normative legal acts regulating issues of protection of the population and territories from emergency situations of the international and Russian legal systems is given.
Keywords: state, law, emergency, human and civil rights and freedoms, restriction of human and civil rights and freedoms.
11. 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, firstname.lastname@example.org
Melnik N.N., expert in the field of international and military law of the USA, European countries, PhD, USA, email@example.com
Abstract. 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.
12. Some Issues of Imposing Criminal Punishment by Military Courts: Materials of Judicial Practice.
Izotov D.M., candidate of legal sciences, firstname.lastname@example.org
Kharitonov S.S., candidate of legal sciences, professor, email@example.com
Annotation: Based on examples from military judicial practice, the article proposes legal positions to justify the imposition of a criminal penalty.
Key words: military personnel, military courts, criminal punishment.
13. On the specifics of the exemption from criminal liability of persons involved in a special military operation (comment to Federal Law No. 270-FZ of June 24, 2023).
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, firstname.lastname@example.org
Summary: the article analyzes the Federal Law of June 24, 2023 No. 270-FZ "On the specifics of Criminal Liability of persons Involved in a special military operation." It is noted that the adoption of this law is aimed at securing legal guarantees of exemption from criminal liability of persons undergoing military service, as well as entering military service under a contract in the Armed Forces of the Russian Federation during the period of mobilization, martial law or in wartime. A comparison of the norms of this law and the Criminal Code of the Russian Federation allows us to conclude that its provisions apply to military personnel who have committed serious crimes and are conditionally convicted. The law imposes an obligation on the command of military units (institutions) to monitor the behavior of persons whose preliminary investigation has been suspended, as well as persons conditionally released from serving punishments. It is stated that the autonomous existence of this law in the system of current legal regulation is not fully consistent with the basic principles of criminal legislation, as a result, in order to give criminal legal force to its provisions, it seems appropriate to include its norms in Chapter 11 of the Criminal Code of the Russian Federation.
Key words: criminal law, criminal liability, special military operation, exemption from criminal liability, mobilization, martial law, wartime, criminal record, repayment of criminal record
14. The conditions and legal basis for declaration of disappearance or death of military and civil persons who went missing during the special military operation.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, email@example.com
Abstract. The author has researched the law on the simplification of the conditions for declaration of disappearance or death of military and civil persons who went missing during the special military operation. There is the description of the national experience of the legal regulation of public relations related to persons who went missing during military operations. The results of this legal research were used to assess of legislative changes in 2023 and to make proposals for the improvement of legal norms.
Key words: declaration of disappearance, declaration of death, missing persons, special military operation, social protection of the families of military personnel
15. Novels or bug fixes? (Commentary to the amendments made by Federal Laws dated April 3, 2023 No. 101-FZ and 106-FZ to the Civil Code Russian Federation and Federal Law "About acts of civil status").
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice, firstname.lastname@example.org
Abstract. The article discusses the amendments made to the Civil Code of the Russian Federation, the Federal Law "On Acts of Civil Status", aimed at improving and strengthening social protection measures for military personnel and their family members.
Keywords: power of attorney, will, statement, signature, notarial actions, commander of a military unit, serviceman, family members of military personnel.
16. Military clergy as an organizational and legal means of protecting Russian traditional spiritual and moral values. Part 2.
Ovcharov O.A., candidate of legal Sciences, email@example.com
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.