THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. The science of military criminal law in the history of military legal science: a new heyday and oblivion again (the "silver Age" – 1939-1956).
Sharapov S.N., Professor of the Department of Criminal Law at the Military University, Candidate of Law, Associate Professor
Abstract: In historical and legal retrospect, the article continues the study of the next period of the development of the science of military criminal law from 1939 to 1956, associated with the Military Law Academy (Red Army, KA, USSR Armed Forces, SA), analyzes the importance of military criminal law for the development of military legal science, the ratio of military criminal law, criminal and military law during this period.
Keywords: military criminal law, military law, military legal science, military criminal law
2. Evolution of paradigmatic concepts in the science of military law: walking in a vicious circle (the paradigm of the complexity of military law).
Kudashkin V.V., Doctor of Law, Honored Lawyer of the Russian Federation, State Secretary of JSC Rosoboronexport, Chief Researcher of the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Abstract. The development of the science of military law took place in the context of theoretical discussions about the legal system in Soviet legal science in 1938-1940, 1956-1958, 1982, as well as political processes that took place in the USSR, which directly affected the fate of military law, as well as scientific discussions on the theory of military law, which took place in 1940, 1954 and 1956.
The result of the discussions was the denial of the independence of the branch of military law, the idea of the complexity of military relations, their interconnectedness and interweaving with other, non-military relations was formed, and, as a result, the paradigm of the complexity of military law was developed in the science of military law.
Key words: scientific reflection, military law, scientific paradigm, branch of law, subject of the branch of law, military art, armed confrontation
3. The Legal Status of Military Personnel during the Great Patriotic War: Problems of Consolidation, Implementation, and Modern Assessment (based on the works of Professor S. G. Lysenkov).
Nizhnik N.S., Professor of the Department of Theory and History of State and Law Saint Petersburg University of the Ministry of Internal Affairs of Russia, Doctor of Law, Professor, Honored Worker of Higher Education of the Russian Federation, opklex@mail.ru
Abstract. Despite the fact that there are many studies on the history of the NKVD troops in modern humanitarian science, Professor S. G. Lysenkov's works on the organization and functioning of the NKVD troops during the Great Patriotic War hold a significant place in the history of Russian state and law, making an important contribution to the study of the Russian state's law enforcement system and the development of theoretical and historical sciences in modern Russia. The article is devoted to the scientific achievements of S. G. Lysenkov, Doctor of Law, Candidate of Historical Sciences, Professor, Honored Worker of Higher Education in the Russian Federation, and retired Colonel.
Keywords: S.G. Lysenkov, historical and legal research, history of the USSR state and law, history of the Great Patriotic War, troops of the USSR People's Commissariat for Internal Affairs, legal status of military personnel.
4. Military legislation: theoretical concepts of the Soviet period.
Taradonov S. V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University, opklex@mail.ru
Annotation: The article attempts to provide a theoretical understanding of the process of developing the concept of Soviet military legislation, defining its concept, place, and role in the legal system of the state.
Key words: military law, military legislation, a complex branch of legislation, a complex branch of law, the subject of legal regulation, and trends in the development of military law science.
5. Factors Determining the Development of Criminal Procedure Policy and Legislation during Martial Law and Wartime.
Novokshonov D.V., Military Order of Zhukov Academy of the National Guard of the Russian Federation, Candidate of Law, Associate Professor, opklex@mail.ru
Abstract: The article is devoted to substantiating the need to develop and implement criminal procedure legislation during martial law and wartime. The author provides a description of the current legislation in terms of its applicability in the event of martial law, both throughout the Russian Federation and in its individual territories, and also reveals some methodological features of wartime criminal procedure legislation. The article makes proposals for amendments to the wartime criminal procedure code
Keywords: criminal policy, wartime legislation, criminal procedure legislation, and martial law.
6. Suspension of proceedings in a case of an administrative offence involving military personnel (issues of improving legislation and its application).
Кузнецов А.М., курсант 5 факультета (прокурорско-следственного) Военного университета имени князя Александра Невского Министерства обороны Российской Федерации, opklex@mail.ru
Шанхаев С.В., кандидат юридических наук, Военный университет имени князя Александра Невского Министерства обороны Российской Федерации, opklex@mail.ru
Аnnotation. The article discusses the issues of legal regulation of proceedings on administrative offenses involving military personnel participating in special (special) administrative regimes.
Keywords: proceedings on administrative offenses, suspension of proceedings, administrative legal regime, military personnel.
7. Problems of military officials performing legally significant actions in the interests of military personnel and their family members.
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice, opklex@mail.ru
Аnnotation. The article examines the actual problems of military officials performing legally significant actions in the interests of military personnel and their family members. These problems become particularly important in the context of armed conflicts, which requires new solutions from the legislator and a systematic change in the legislative framework.
Keywords: power of attorney, will, notarial acts, actions equivalent to notarial, military officials, commander of a military unit, serviceman, family members of military personnel.
8. On the interaction of the Federal Service of the National Guard of the Russian Federation with the Federal Territory of Sirius.
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 cooperation agreement concluded between Rosgvardiya and the Sirius federal Territory presupposes cooperation between the parties in the scientific and educational fields, provides for joint efforts in the field of advanced training of teachers and researchers at Rosgvardiya military universities, as well as the organization of their internships at the facilities of the federal territory. The measures taken will make it possible to stop modern threats to national security and use advanced achievements of science and technology. As part of the cooperation, it is planned to hold joint training events in the field of unmanned aircraft and ground-based robotics, as well as to involve young people in introducing innovations to solve promising tasks of national importance.
Keywords: interaction; agreement; cooperation; National Guard troops; Rosgvardiya; Sirius Federal Territory; national security; personnel.
9. A few words about the emerging uncertainty of the status of military personnel called up for military service on mobilization.
Zhabrovskiy R.A., lawyer, opklex@mail.ru
Abstract. In the article, the author analyzes the legislation establishing the legal status of military personnel called up for military service on mobilization. In addition, attention is drawn to the сontroversial judicial practice in the issue under study. The author comes to the conclusion that it is necessary to legislate the provisions on the compliance of the legal status of military personnel called up for military service on mobilization with the status of military personnel undergoing military service under contract.
Keywords: military man, mobilization, legal status, special military operation
10. Development of law enforcement practices related to the independent implementation of housing guarantees by military personnel previously provided with housing as family members.
Nieder S.A., Senior Lecturer 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
Snigirev A.L., Professor of the Department of Criminal Procedure and Criminalistics Novosibirsk military order of Zhukov institute named after general of the army I.K. Yakovlev of the national guard of the Russian Federation, opklex@mail.ru
Naumova Z.S., 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. The article examines the law enforcement practice based on a negative interpretation of the legislation establishing the grounds and procedure for the implementation of housing guarantees by military personnel provided with housing from a public entity (state or local government) as a family member. The consequence of this practice was a significant reduction in the queue of military personnel in need of housing. The first period of negative law enforcement lasted from 2014 until the date of entry into force of Federal Law No. 416-FZ of December 2, 2019, the second - from 2022 until the date of the ruling of the Constitutional Court of the Russian Federation dated February 12, 2025 No. 7-P. Analyzing the legislation and law enforcement practice, the article justifiably expresses an opinion on the inconsistency of the position of law enforcement officers with the requirements of housing legislation and the will of the legislator. The procedure for actions of military personnel who «suffered» from the second «wave» of negative law enforcement practices is explained.
Key words: military serviceman, residential premises, law enforcement practice, independent subject, family member.
11. Interbranch connections of military and labor law in the system of payment for military labor.
Vasilyeva A.S., Corporate Policy Management Specialist in Subsidiaries and Affiliated Companies of PJSC Bank PSB, master's student at the Department of Labor Law, Faculty of Law, Lomonosov Moscow State University, opklex@mail.ru
Based on scientific research, current legislation and law enforcement practice, the article analyzes the existence or possibility of identifying intersectoral links between military law and labor law for the subsequent construction of a system of payment for military labor and the resolution of law enforcement problems when using this concept.
Keywords: interbranch links, military law, labor law, payment of military labor.
12. Criminal responsibility of servicemen for crimes in the domain of information protection: problems of qualification and interpretation.
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 of the Ministry of Defense of the Russian Federation, Doctor of Law, Professor, opklex@mail.ru
Malyarov A.I., Associate Professor of the 13th Department of the Krasnodar Higher Military Orders of Zhukov and the October Revolution Red Banner School named after General of the Army S.M. Shtemenko of the Ministry of Defense of the Russian Federation, PhD in Law, opklex@mail.ru
The article examines the problems of qualification and interpretation when bringing military personnel to criminal liability for crimes in the field of information protection. The relevance of the research topic is due to the significant number of special terms and the blanket nature of many articles of the criminal law for crimes in the field of information protection. This, in turn, significantly complicates the activities of the law enforcement officer at all stages of pre-trial and judicial proceedings when investigating crimes in the field of information protection. Research methods: analysis, synthesis, comparative legal (comparative), formal legal and others. The scientific results of the work include the author's definition of the essence and specifics of the criminal liability of military personnel for crimes in the field of information protection, as well as the problems of their qualification and interpretation.
Keywords: information protection, information, restricted access information, qualification of crimes, computer information, crime, interpretation, criminal liability.
13. Some issues of law enforcement practice of military courts in connection with the consideration of circumstances aggravating punishment.
Rakov A.V., Candidate of Law, Associate Professor of the Military University, opklex@mail.ru
Kharitonov S.S.,Candidate of Law, Professor, opklex@mail.ru
Abstract. The article, using examples from reviews of judicial practice, is devoted to some issues about the distinctive features of circumstances aggravating punishment that arise when considering criminal cases by military courts.
Key words: judicial practice of military courts; sentencing; circumstances aggravating punishment; criminal liability of military personnel
14. Criminal Law and Criminalistics Characteristics of Crimes in the Field of Housing for Military Personnel.
Nabiev A.S., Lawyer, opklex@mail.ru
Abstract. Crimes in the field of housing for military personnel do not form an independent disposition in the Criminal Code of the Russian Federation. Nevertheless, this article will provide a brief criminal law and forensic analysis of these criminal acts.
Keywords: military service, housing for military personnel, crimes, criminal law characteristics, and forensic characteristics.
15. Judicial issues of legislation on crimes against military service.
Aulov V.K., PhD in Law, associate professor, associate professor of the Department of Organization of Judicial and Law Enforcement Activities at the Lebedev Russian State University of Justice, Senior Researcher at the Military University of the Ministry of Defense of the Russian Federation named after Prince Alexander Nevsky, opklex@mail.ru
Annotation. The article analyzes the costs of the historically established approach of the Russian legislator to the identification of citizens as the subject of military crimes. The used blank method of constructing criminal law norms, attributing subjects of military crimes to two categories: military personnel and citizens staying in volunteer formations created in accordance with the Federal Law "On Defense", is clearly imperfect. The legal and technical method presupposes a reference to the standard form of the contract. The essential terms of the contract vary in relation to different categories of military personnel and are not stable in the long term. These circumstances entail difficulties of a law enforcement nature.
It is proposed to resolve the issue by rejecting the casual option of clarifying the subject of military legal relations and designating the security of national interests in the field of defense as the generic object of crimes named in Chapter 33 of the Criminal Code of the Russian Federation.
The disclosure of the content of the category of national interests based on the conceptual framework of the National Security Strategy of the Russian Federation presupposes a fundamentally greater freedom of judicial discretion in resolving legal situations related to the assessment of socially dangerous acts of persons who are not formally military personnel or volunteers, but who have caused harm to relations protected by this chapter of the Criminal Code.
Keywords: armed forces, military personnel, the subject of crimes against military service, the blank method of constructing criminal law norms, the generic object of military crimes, military personnel, volunteers, paramilitary organizations with an uncertain legal status.
16. Improvement of Russian criminal legislation in the field of state security (scientific and practical commentary to article 276.1 of the Criminal Code`s Russian Federation).
Cherepanov R.V., Military Zhukov's Order Academy of the National Guard Troops of Russia, Military post graduate student of Professor and Doctoral Candidate at the Scientific Research Center, opklex@mail.ru
Abstract. The study examines changes in the criminal legislation of Russia related to the introduction of Article 276.1 of the Criminal Code of the Russian Federation, criminalizing assistance to the enemy in activities directed against the security of the state. The author analyzes the innovation, revealing the historical prerequisites for the appearance of the criminal law norm in the legislation of the USSR. Special attention is paid to the composition of the crime under investigation and its elements. The paper highlights the positive and negative sides of the legal norm, as well as its importance in the context of strengthening the protection of state security.
Keywords: 276.1 of the Criminal Code of the Russian Federation, crimes against the foundations of the constitutional order, external security of the state, assistance to the enemy.
17. Legal Aspects of Information Security in the Field of Military-Technical Cooperation.
Duben A.K., senior researcher of the Institute States and Rights of the Russian
Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Abstract. In the article, the author reveals the main directions of the development of military-technical cooperation, analyzes the current legislation, explores the interaction of constitutional and international norms in matters of military-technical cooperation, and makes recommendations for improvement in this area. The article examines in detail the legal provision of information security, as well as issues of ensuring information security in the implementation of military-technical cooperation. The author concludes that the general trend for many states has been the formation of a legal framework for military-technical cooperation at the legislative level, while the legal regulation of certain areas, for example, the legal provision of information security in the implementation of military-technical cooperation in the Russian Federation involves a large number of legal sources of various types that operate exclusively at the federal level.
Keywords: military law, information security, military-technical cooperation, constitutional norms, Constitution of the Russian Federation, international law, international norms.
18. On the issue of the legal status of participants in armed conflicts.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: the author examines the concept of wartime, forms of military operations, the influence of the status of a participant in a special military operation and a veteran of military operations, as well as terminology in legal acts on the production of individual payments to military personnel and their family members.
Key words: wartime, military actions, participants in special military operations, combat veterans, individual payments to military personnel and their family members.
19. About some features of legal regulation of the procurement of medical services by a military unit (organization) of the national guard troops of the Russian Federation.
Inozemtsev A.S., post-graduate student at the Military University named after Prince Alexander Nevsky of the Ministry of Defense of Russia, opklex@mail.ru
Abstract. The article considers some features of the organization of procurement procedures for medical services carried out in the interests of medical support for military personnel of the National Guard of the Russian Federation in medical organizations (institutions) of the state and municipal health care systems of other federal executive bodies. Regulatory legal regulation of the organization and implementation of procurement of medical services and clarification of authorized federal executive bodies in this area is provided. Legal algorithms for the implementation of procurement procedures in the field of obtaining medical services for military personnel and possible changes for departmental regulatory legal regulation are proposed.
Keywords: military unit (organization), procurement of medical services, implementation of federal budget funds for reimbursement of expenses for providing medical care to military personnel, expenditure items, selection of procurement methods for medical services, payment of medical services by the military unit (organization) under state contracts and agreements.