THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11
ISSUE CONTENTS:
1. The Science of Military Criminal Law in the History of Military Legal Science: Return from Oblivion (modern times – 2000)
Sharapov S.N., Professor, Department of Criminal Law, Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, Candidate of Legal Sciences, Associate Professor, Reserve Colonel of Justice, opklex@mail.ru
Abstract. This article, from a historical and legal perspective, continues the study of the modern period of development of military criminal law since 2000, associated with the Alexander Nevsky Military University. It analyzes the significance of modern military criminal law for the development of military legal science, military criminal legislation, and law enforcement practice, as well as the relationship between military criminal, criminal, and military law during this period.
Keywords: military criminal law, military law, military legal science, military criminal legislation, military combat criminal law
2. The Evolution of Paradigmatic Concepts in Military Law: A Fundamental Breakthrough in Military Law
Kudashkin V.V., Doctor of Law, Honored Lawyer of the Russian Federation, State Secretary of Rosoboronexport, Chief Researcher at the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Abstract. The two criteria of branch formation (subject and method) developed in the theory of law in relation to military law did not create sufficient conditions for proving the independence of military law. It became necessary to develop additional theoretical and methodological approaches that allow specifying and differentiating the existing empirical array of normative matter, the knowledge obtained over one hundred and fifty years of military-legal research. Objectively necessary methods were found within the framework of using system-structural approaches of theoretical research, primarily allowing to study the structure-forming factors in the system. The philosophical theory of the core of the system has fundamental and methodological significance for the development of the theory of branch formation in law, the application of which allowed to develop a new paradigmatic understanding of the systemic basis of military law as an independent branch - it is the law of military conflicts (the core of military law), which permeates the entire legal reality, built on all other military relations.
Key words: scientific reflection, military law, scientific paradigm, branch of law, subject of the branch of law, military art, armed confrontation
3. Garrison as a military administrative unit of the Russian Federation
Glukhov E.A., Candidate of Law, Associate Professor, North-Western Institute of Management of the RANEPA under the President of Russia, opklex@mail.ru
Abstract: The article examines the legal status of military garrisons of the Armed Forces of the Russian Federation, their purpose, classification, and relationship to the administrative-territorial division of the Russian Federation. From the analysis of the legislation on defense, the author concludes that there is no such military formation as a garrison in the modern military organization. In the modern concept of the structure of the Armed Forces of the Russian Federation, a garrison is a set of multi-departmental and multi-subordinate military formations united by common tasks of guard duty and the implementation of garrison-wide activities. At the same time, various military departments have their own military-administrative division of the territory of Russia into areas of responsibility.
Keywords: garrison, military district, military administrative division, military formations, military management bodies, borders of the garrison, organization of interaction, structure of the Armed Forces.
4. The participation of the troops of the National Guard of the Russian Federation in the formation of a state-legal ideology to ensure state and public security
Shenshin V.M., PhD in Law, Associate Professor, Senior Researcher, Center for Security Studies, Russian Academy of Sciences, opklex@mail.ru
Abstract: The presented study analyzes the issues of the formation of the state-legal ideology by the Rosgvardiya, the central place in which is given to patriotism. The role of the Federal Service in the system of state-legal ideology is revealed. It is indicated that the absence of a state-legal ideology is a threat to national security.
Keywords: Russian Guard; patriotism; human and civil rights and freedoms; state and public security.
5. Registration of military personnel and their family members at the place of residence at the address of the military unit: transformation of legal regulation
Zaykov D.E., Associate Professor, Department of Legal Theory, Civil Law, and Civil Procedure, Law Institute, Russian University of Transport, Associate Professor, and Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article examines the development of legal regulation of the institution of registration of military personnel and members of their families at the place of residence at the address of the military unit, analyzes existing problems and ways to solve them, and evaluates the current regulation of these relations.
Key words: registration at the place of residence at the address of the military unit, military personnel, military unit, de-registration at the place of residence.
6. Legal (regulatory) minimum of members of the military medical (medical-flight) commission: concept, content and functions
Naumov P.Yu., Candidate of Pedagogical Sciences, Assistant to the Head of the Main Military Clinical Hospital of the National Guard Troops of the Russian Federation for Legal Work, opklex@mail.ru
Annotation. Conducting a military medical examination during the production of a medical examination and medical certification of military personnel and persons equivalent to the scientific research institutes for medical support requires from the chairman and members of the military medical (medical-flight) commission not only deep knowledge in the field of medicine, but also a certain set of legal knowledge and abilities for practical application (interpretation) of legal norms. It is necessary for the specified officials to possess basic skills in organizing and implementing judicial protection when challenging the conclusions (decisions) made following the results of conducting a military medical examination. The legal minimum includes theoretical aspects (subject-personal formations), as well as the ability to apply the law in specific situations of professional expert medical activity. The work offers for cognition the theoretical concept of the legal minimum of the chairman (deputy chairman) and members of the military medical (medical-flight) commission, which is necessary for them to conduct a military medical (medical-flight) examination of military personnel. The article examines the normative sources and bases of the said legal minimum, provides the normative legal acts included in it (and briefly studies their prescriptions), their theoretical and legal characteristics and significance for conducting (producing) military medical examination. The article studies the fundamentals of protecting the interests of military medical commissions in courts of various jurisdictions and in different types of legal proceedings. The functions of the legal minimum of the chairman (deputy chairman) and members of the military medical commission are summarized, and their brief characteristics are given. The results of the study will be useful to researchers of military law, medical workers of military medical organizations and the expert community.
Keywords: rule of law; legal regulation; knowledge of law; enforcement; the legal minimum of military personnel; military medical examination; advocacy; representation in court; civil proceedings; administrative proceedings; diagnostics; treatment; mutilation; disease; military medical commission.
7. Certain Issues of Military Court Law Enforcement Practice in Relation to Criminal Sentencing.
Lobov Ya.V., PhD in Law, Associate Professor, Associate Professor of the Criminal Law Department at the Military University, opklex@mail.ru
Kharitonov S.S., PhD in Law, Professor, opklex@mail.ru
Abstract: Using examples of errors in military court decisions corrected by higher courts, this article examines the achievement of the goals of criminal punishment as defined by criminal law through the formalization of the procedure for its imposition.
Keywords: military court judicial practice; imposition of criminal punishment; criminal liability of military personnel.
8. 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.
9. 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.
10. Legal practice and analysis of situations and incidents related to negative consequences of military use of space objects: issues of liability based on jurisdiction
Plaksa V.N., PhD in Law, Senior Researcher at the Scientific Research Center (Military Applied Research) Military University, opklex@mail.ru
Annotation. The article examines events and incidents related to the fall of spacecraft from the point of view of jurisdiction and responsibility of states, as well as a legal analysis of real and potential collisions of space objects in orbit.
The author analyzes the current practice of resolving incidents that give rise to claims in accordance with the Convention on International Liability for Damage Caused by Space Objects (1971), emphasizes the need to pay attention not only to space objects, the use of which currently brings results in accordance with their intended purpose, but also to those orbital elements of space systems that either they are faulty, or they have exhausted their resource, or for other reasons they are not being used by the state that launched them.
The author concludes that military space activities and actions that generate the formation of space debris in orbits, although not explicitly prohibited by international law and State practice, are directly linked to the responsibility of States for the consequences of the use of space objects.
Keywords: military space activities; jurisdiction in outer space; responsibility for the consequences of the use of space objects; international space law.
11. Strategic Mutual Defense Agreements of States in the Context of the Crisis of the Nuclear Non-Proliferation Regime.
Verbitskaia Tatiana Vladimirovna, research fellow, Ural State Archive
Abstract. The problem of preserving the nuclear non-proliferation regime takes on particular sharpness in the context of the actions of two nuclear powers, the United States and the United Kingdom, aimed at destabilizing the mechanism of legal regulation of this regime. It is determined that among the factors hindering the full functioning of this regime are the absence of legal regulation of the status of states that effectively possess nuclear weapons, as well as deficiencies in the IAEA verification mechanism. It is established that these factors have led states that effectively possess nuclear weapons to initiate agreements with other powers on providing protection, including through the use of nuclear weapons. As a result of the study, the author concludes that Russia, as a guarantor of the integrity of the nuclear non-proliferation regime in the context of its status as a nuclear state, possesses sufficient resources to initiate the adoption of a protocol to the Geneva Conventions on nuclear weapons as a means of deterrence in armed conflicts.
Keywords: states that effectively possess nuclear weapons, effectiveness of the legal regulation mechanism, nuclear state, bilateral defense agreements
12. On the issue of acquiring Russian citizenship in accordance with Decree of the President of the Russian Federation No. 10 of January 4, 2024, by foreign citizens who have entered into a contract for military service in the Armed Forces of the Russian Federation or military formations.
Kichigin N.V., Senior Researcher Center for Legal Research, opklex@mail.ru
Abstract: This article examines the acquisition of Russian citizenship by military personnel who have signed contracts with the Russian Armed Forces, military formations, and security agencies. It also provides a legal analysis of international treaties (agreements), federal legislation of the Russian Federation, and Presidential Decrees regarding admission to Russian citizenship during service during a special military operation.
Keywords: Citizenship of the Russian Federation, Border Department of the FSB of Russia in the Republic of Armenia, military service in the territory of a foreign state.
13. Legal problems of cadet education and possible solutions.
Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru
Abstract: The article discusses the legal problems of cadet education, including the uncertainty of the legal status of cadet educational organizations, cadets, teachers, problems of insufficient consistency of cadet education, and possible solutions.
Keywords: The legal status of cadet educational organizations, cadets, teachers, legal status, legal personality, disciplinary responsibility of cadets, rules of admission to educational organizations on a competitive basis.
14. The development of the US military-industrial complex: theory, economics, and law.
Kudashkin A.V., Director of the Interdisciplinary Center for Legal Research in Defense and the Defense-Industrial Complex at the Institute of Law, Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N.N., Expert in international law, military law of the United States, China, and European countries, PhD (USA), opklex@mail.ru
Abstract. The article examines the problems of the US defense industrial base, their causes and consequences, the National Security Strategy with changes in 2025, the first Defense and Industrial Strategy of the Ministry of Defense, its goals and objectives, and prospects for achieving some of its tasks with comments from the authors of the article
Keywords: military-industrial complex, USA, theory, practice, legal regulation.
15. Analysis of intellectual property provisions in military-technical cooperation legislation.
Pankov D.V., Department of Intellectual Property, Military-Technical Cooperation, and Expertise of Arms and Military Equipment Supplies, Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. Invention, utility models, industrial designs and other results of intellectual activity for military and military-technical purposes are classified as military products.
Considering the importance of this type of product, the protection and defense of the rights of the Russian Federation to the results of intellectual property are one of the principles of state policy in the field of military-technical cooperation, the provision of which is subject to state control.
The article provides an analysis of the norms of legislation in the field of military-technical cooperation concerning intellectual property issues. Proposals for improving legislation are formulated, which will allow regulating the most discussed problematic issues of recent years in the area, as well as harmoniously integrating events of managing rights to the results of intellectual activity into the system of military-technical cooperation,
Keywords: intellectual property, result of intellectual activity, rights to the results of intellectual property, military-technical cooperation.