THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1
ISSUE CONTENTS:
1. The doctrine of nuclear safety in the military law system of the Russian federation: theoretical and legal analysis.
Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Military-Industrial Complex of the IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N. N., expert in the field of international law, military law USA, China and European countries, PhD (USA), opklex@mail.ru
Abstract: The article considers the Russian nuclear security doctrine and its update, adopted on December 25,2024, methods of research, theory of doctrine, legal basis, structure, grounds for being recognized as a source of law, and foreign practice in this aria.
Keywords: military law, law of military conflicts, doctrine of nuclear deterrence, source of law, legal system.
2. Modern problems of military law as a gestalt in the system of Russian law.
Tushkov A.A., Doctor of Historical Sciences, Associate Professor, Professor of the Academy of Military Sciences of the Russian Federation, opklex@mail.ru
Abstract: the article is devoted to a topical issue, which examines some aspects of modern military law. The basis of this article was the author's thoughts on a series of scientific works in the field of military science and military law, including a three-volume monograph "Military Law", a scientific work "The Law of Military Conflicts: Basic Concepts and Paradigmatic Genesis in the Name of Victory" and a textbook "Military Law". Some issues related to modern problems of military law continue to be actively discussed. Some legal scholars are somewhat skeptical and doubtful about its role and place in the system of Russian law, while others actively argue for the recognition of military law as an integral part or branch of Russian law. In the proposed article, the author expresses his opinion, appealing to the system that was set out in the published cycle of scientific works.
Key words: "Military law", "Law of military conflicts: basic concepts and paradigmatic genesis in the name of victory", National Security Strategy of the Russian Federation, Military Doctrine of the Russian Federation, Wartime legislation, SVO.
3. The concept and legal nature of a special military operation as a means of ensuring the national security of the Russian Federation.
Iroshnikov D.V., Head of the Department of Legal Support of National Security at the Institute of Law and National Security of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Doctor of Law, Associate Professor, opklex@mail.ru
Abstract: The article defines the legal nature of a special military operation as a means of ensuring the national security of the Russian Federation, and also develops its concept. It is noted that it is necessary to develop a legal regime for a special military operation.
Keywords: special military operation; defense; security; national security; military security.
4. Granting the status of a financially responsible serviceman: the procedure and legal consequences.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru
Makarenko K.V., doctor of history sciences, professor, opklex@mail.ru
Abstract. The article defines the concept of a financially responsible person in relation to military personnel. The authors reveal the procedure for granting a serviceman the status of a financially responsible person. The main duties of a serviceman as a financially responsible person are described. Special attention is paid to the issue of transfer by a financially responsible person of the property entrusted to him to another official under a report for storage upon departure on vacation, official trip, to a new place of military service, for treatment, etc. In conclusion, the duties of the command of military units and subunits to create the conditions necessary for a financially responsible person to work normally and ensure the complete safety of the property entrusted to him are considered.
Key words: serviceman, the legal status of a serviceman, financially responsible employee, financial responsibility of a serviceman.
5. Special military operation and administrative responsibility of military personnel for violation of traffic rules: modern military judicial practice.
Nazarov A.A., Lecturer, Department of Criminal Law, Military University, opklex@mail.ru
Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru
Abstract: the article examines some features of the state policy on improving the administrative responsibility of persons participating in a special military operation. The issues of implementing legal norms on the administrative responsibility of military personnel participating in a special military operation for violating traffic rules are considered. Examples of judicial practice in this area are given, showing the need to improve legislation.
Key words: military court, military serviceman, administrative offence, administrative responsibility of military serviceman.
6. Features of tax relations of participants of the SVO.
Potapov K.V., 2nd year master's student of the faculty of the Higher School of Public Audit of Lomonosov Moscow State University, specialist of the department of legal support, corporate governance and property of JSC "CPTI", opklex@mail.ru
Abstract. The article is devoted to the concept and forms of tax benefits provided to participants of the SVO, the importance of such an institution as a tax rescript is noted and individual problems of optimization of tax legal relations are touched upon.
Key words: military law, special military operation, taxes.
7. Administrative and jurisdictional powers of the internal troops of the Ministry of Internal Affairs of the USSR for the protection and defense of railway facilities (historical and legal aspect).
Zharkoy M.E., PhD in History, Associate Professor Associate Professor of the Department of Social and Humanitarian Sciences of the Russian State Hydrometeorological University, Retired Police Lieutenant Colonel, opklex@mail.ru
Viktorov V.G., PhD in Pedagogical Sciences, Associate Professor of the Department of Economics and Law of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia named after Hero of the Russian Federation, General of the Army E.N. Zinichev, Reserve Colonel, opklex@mail.ru
Abstract: the proposed work examines the historical, organizational and legal foundations of the activities of the OGPU - NKVD – Ministry of Internal Affairs of the USSR troops for the protection and defense of artificial structures of railway facilities. The research is based on the experience of the service and combat activities of the troops to ensure the Baikal – Amur railway. Lenin Komsomol. The documents underlying the security of these facilities are analyzed in detail, and the possibility and necessity of using the accumulated experience in modern conditions are emphasized. Attention is drawn to the conflict of laws and inconsistency of the Soviet legislation regulating the sphere of administrative activity of the troops of the Ministry of Internal Affairs of the USSR.
Keywords: security, defense, security, BAM railway facilities, administrative and legal protection of public order, extra-judicial powers, procedural documents, Rosgvardiya.
8. Legal regulation of absentee medical examination within the framework of military medical examination.
Naumov P.Yu., candidate of pedagogical sciences, assistant to the head of the state budgetary institution of health care, opklex@mail.ru
Abstract. Military medical examination is a separate, independent and legislatively approved type of medical examination, conducted in relation to persons with a specific legal status - military personnel and persons equivalent to them in terms of medical care, as well as members of their families (in certain cases). Military medical examination provides for a medical examination and medical examination upon a determined medical expert outcome. At the same time, the Regulation on military medical examination, on the one hand, contains a ban on conducting an absentee medical examination within the framework of a military medical examination, and also establishes cases when an absentee medical examination can or should be conducted. The work examines the procedure and cases in which a medical examination can or should be conducted within the framework of a military medical examination. The article presents the results of an analytical and synthetic study of the legal regulation of remote medical examination within the framework of military medical examination. It points out the need for such legal provisions in legal mechanisms, and also examines the directions for further improvement of the norms regulating the conduct of military medical examination in the Russian Federation.
Keywords: medical examination; examination; medical intervention; military medical examination; medical examination; remote examination; medical expert outcome; military law; law enforcement practice; citizens' appeals.
9. A new system of remuneration for employees of military units and organizations of the Armed Forces of the Russian Federation.
Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law and Civil Procedure of the Law Institute of the Russian University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article considers the order of the Minister of Defense of the Russian Federation, updating the legal regulation of relations on remuneration of employees of military units and organizations of the Armed Forces of the Russian Federation. The author analyzes the proposed changes, identifies problems and suggests ways to resolve them.
Key words: civilian personnel, employees, remuneration system, official salary, district coefficient.
10. A new aggravating circumstance in the criminal legislation of Russia (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation" dated August 8, 2024 No. 218-FZ).
Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology Moscow Academy of the Investigative Committee of the Russian Federation named after A.Ya. Sukharev, opklex@mail.ru
Annotation. The article analyzes the latest changes in criminal legislation, according to which a number of articles of the General and Special parts of the Criminal Code of the Russian Federation were supplemented with a new aggravating circumstance in the form of committing an intentional crime with public demonstration, including in the media or information and telecommunications networks (including the Internet), the author identifies the positive and negative sides of changes in the criminal code legislation.
Keywords: aggravating circumstances, qualified corpus delicti, intentional crime, public demonstration, mass media, information and telecommunication networks, the Internet, trash stream.
11. Unauthorized abandonment of a military unit (Article 337 of the Criminal Code of the Russian Federation) under new conditions.
Meleshko P.E., Associate Professor of the Department of Criminal Law of the Military University, Candidate of Legal Sciences, opklex@mail.ru
Abstract. The article examines the features of the new version of the norm on liability for unauthorized abandonment of a unit and current issues of qualification of acts related to violation of the procedure for staying in military service, taking into account judicial practice.
Keywords: Unauthorized abandonment of a unit or place of service, failure to appear on time for service without good reason, mobilization period, martial law, wartime, conditions of armed conflict or conduct of hostilities.
12. Exemption from criminal prosecution and punishment during periods of military conflict: pages of history.
Zyubanov Yu.A., Candidate of Law, Associate Professor, Professor of the Department of Criminal Law at the Prince Alexander Nevsky Military University, opklex@mail.ru
Annotation. The article provides a historical justification for the legal regulation of exemption from criminal liability and punishment, repayment of criminal records, suspension of criminal cases and termination of criminal prosecution during periods of military conflicts.
Keywords: special military operation, military service, criminal law, exemption from criminal liability and punishment, historical tradition of lawmaking.
13. On some issues of reclaiming the property of the Armed Forces of the Russian Federation from someone else's illegal possession and recognition of ownership rights to it.
Konokhov M.V., leading researcher of the Institute States and Rights of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article discusses some topical issues of the management of state federal property assigned to the Armed Forces of the Russian Federation. Such management also includes the work of reclaiming this property from someone else's illegal possession, as well as recognizing ownership of it. An analysis of the relevant court decisions shows that despite the fact that the courts in most cases satisfy the claims of the Ministry of Defense of the Russian Federation, the Prosecutor's Office and other authorized state bodies, there are also refusals to satisfy claims due to missing the statute of limitations. According to the author, the limitation period for such claims should be significantly increased.
Keywords: property of the Armed Forces of the Russian Federation, vindication, illegal possession, recognition of ownership, economic management, operational management
14. Problems issues of military-political alliances’ international legal responsibility regulation.
Kholikov I.V., Chief Researcher of the Center of International Law and Comparative-Legal Studies at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor of 25 Chair at Military University, Doctor of Law, Professor, opklex@mail.ru
Baymyshev V.G., master's degree student, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
The activities of military-political alliances (MPA) in the absence of a specialized judicial body in international law are usually accompanied by ultra vires behavior in violation of the universal principles of the UN. Violations are most clearly manifested during military exercises, the build-up of aggregate military potential, the presentation of demands to states that are not members of the military-political alliance, as well as during military operations.
The article examines the responsibility of the МРА through an analysis of their relations based on constituent and internal regulatory documents adopted by international organizations, as well as the established practice of the functioning of military alliances. A conclusion is made about the absence of effective international legal mechanisms for regulating the responsibility of military-political alliances.
Keywords: international law, international responsibility, international organizations, military alliances.
15. Reflection of problematic issues of the legal status of military personnel in U.S. policy documents.
Tuganov Yu.N., Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice; Professor of the Russian Customs Academy, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Academician of the Russian Academy of Sciences, opklex@mail.ru
Aulov V.K., Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, Candidate of Law, Associate Professor, opklex@mail.ru
Abstract: In the article, the authors analyze Jeff Schogol's article "Project 2025's plan for the US military", responses to it and comments on the IX book from the series "Mandate for Leadership". The project proposed by the conservatives was announced as a program of urgent actions for the first 180 days by the US armed forces of the new presidential administration in case of victory in the elections in 2024. The folio "The Mandate for Leadership is interesting because many of the issues raised in it and the directions for their solution are reflected in similar problems in Russian society.
Keywords: armed forces, military personnel, US armed forces, social assistance to military personnel, initial military training.
16. Prospects for revising the norms of the Disciplinary Regulations of the Armed Forces of the Russian Federation before the start of a special military operation (continued).
Suhondyaeva T.Yu., Candidate of Law, Associate Professor, Associate Professor of the Federal State ducational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract. The article analyzes the changes made to the Disciplinary Charter of the Armed Forces of the Russian Federation during the period of the special military operation. A comparative analysis was carried out requests from military command and control bodies to amend the text of the Disciplinary Charter before the start of a special military operation for compliance with the adopted amendments after its start. At the end of the study, the novelties of Russian legislation on disciplinary liability of military personnel are presented, the norms of which need to be included in the new edition of the Charter.
Keywords: performance assessment, personnel assessment, risk assessment, corruption factors, Armed Forces.
17. Problems of legal regulation of medical procedures when admitting an employee to state secrets.
Zaykov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure of the Law Institute of the Russian University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. In the article, the author examines the specifics of the legal regulation of medical examination (examination) and mandatory psychiatric examination by employees when they are appointed to a position where work is associated with the use of information constituting a state secret, as well as analyzes the problems that arise and suggests ways to solve them.
Key words: state secret, admission, mandatory psychiatric examination, medical examination, employees.
18. The concept of counterfeiting in the Russian Federation: problems and solutions.
Nazarova I.S., Candidate of Law, Associate Professor, Professor of the Department of Constitutional and Administrative Law of the Faculty (Command) of the Military Order of Zhukov Academy of the National Guard Troops of the Russian Federation, opklex@mail.ru
Shenshin V.M., Candidate of Law, Associate Professor, 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 Ministry of Emergency Situations of Russia named after Hero of the Russian Federation, General of the Army E.N. Zinichev, opklex@mail.ru
Peregudova N.V., Head of Department, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Abstract: The article contains separate provisions defining the issues of counterfeiting and counterfeit products. The block of electrical products, certification and labeling issues is considered separately. The authors conclude that statistical data on fires and judicial practice clearly demonstrate the increased urgency of the need to take effective measures in the subject area under consideration.
Keywords: fire safety, counterfeit, liability, copyright holder, labeling, certification, damage, compensation, products.
19. Individual features of the organization of object volunteer fire departments.
Popkov D.V., Candidate of Legal Sciences, Candidate of Economic Sciences, Professor of the Department of Philosophical and Socio-Economic Disciplines of the University, opklex@mail.ru
Shenshin V.M., Candidate of Law, Associate Professor, 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 Ministry of Emergency Situations of Russia named after Hero of the Russian Federation, General of the Army E.N. Zinichev, opklex@mail.ru
Abstract: The article provides legal novelties in terms of simplifying the mechanisms for creating facility-based voluntary fire departments. Fire safety issues and the organizational basis for the creation of voluntary fire departments at the facility are currently gaining particular relevance. The operation of the fire safety system at the enterprise depends on the correct construction of the organization.
Key words: facility, enterprise, voluntary fire protection, system, fire safety, forces and means, prevention, participation, fire extinguishing.