THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
ISSUE CONTENTS:
1. Freedom and its legal restriction within the framework of the status of a military man: the legal aspect.
Glukhov E.A., Associate Professor at the Northwestern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, PhD in Law, Associate Professor, opklex@mail.ru
Abstract: the article analyzes the characteristics of the concept of freedom through the prism of legal regulation in relation to the conditions of military service. The author considers the category of freedom as the right to dispose of one's subjective rights at one's discretion within the boundaries established by the legal system. The State establishes prohibitions and restrictions for various categories of citizens and for various legal regimes, including military personnel, in constitutionally significant cases. The author identifies precisely those restrictions of freedom that are characteristic of military personnel. It is concluded that restrictions on the rights and freedoms of military personnel must meet the criteria of legality, proportionality, non-discrimination, as well as a balance between the interests of the state and its defenders.
Keywords: military service, human freedom, restriction of rights, prohibitions for military personnel, the right to dispose of oneself, order, balance of interests.
2. The new reform of the us armed forces: directives on a fundamental change in the paradigm of national the rights of armed conflict.
Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N.N., an expert in the field of international military law of the USA, China and European countries, PhD (USA), opklex@mail.ru
3. On the control and supervision of the provision of public security by the troops of the National Guard of the Russian Federation.
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: According to the researcher, control and supervision as ways of ensuring legality should be distinguished, which will allow the bodies performing control and supervisory functions to more effectively solve the tasks assigned to them. It is noted that the existing doctrinal uncertainty entails substantive and technical-legal defects in legislative acts. Attention is focused on the control and supervision carried out by the National Guard troops while ensuring public safety. The researcher revealed that the Federal Law "On the Troops of the National Guard of the Russian Federation" provides for monitoring and supervision of the activities of troops, while the Federal Law "On Strategic Planning in the Russian Federation" prescribes monitoring and control in the field of national security, while supervision as an effective way to ensure security in the law not mentioned. It is stated that there are no regulatory documents at the federal level on the procedure for monitoring the implementation of strategic planning documents in the field of activities of the National Guard troops, since the mechanism for implementing this method of ensuring legality is not specified in the strategic planning documents. The author suggests providing for such an order. The analysis of the current National Security Strategy of the Russian Federation is carried out through the cross-section of control and supervisory measures carried out by various state authorities in the field of public security.
Keywords: National Guard troops; public security; President of the Russian Federation; control; supervision; strategic planning; strategic national priority; National Security Strategy of the Russian Federation.
4. Problems of legal regulation by departmental legal acts of the institute of registration of military personnel and members of their families at the place of residence at the address of the military unit.
Zaikov D.E., Associate Professor of the Department of Legal Theory, Civil Law, and Civil Procedure at the Law Institute of the Russian University of Transport, Associate Professor, and Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article provides a comparative legal analysis of regulatory legal acts of state bodies in which military service is provided by law, regulating the procedure for registration of persons registered at their place of residence at the address of a military unit and their removal from such registration, identifies problems of legal regulation of these relations and suggests ways to solve them.
Key words: registration at the place of residence at the address of the military unit, military personnel and their family members, nearby locality, residential premises.
5. On housing provision for military personnel who acquired Russian citizenship during their military service.
Kichigin N.V., Senior Researcher Center for Legal Research, opklex@mail.ru
Kichigin V.V., Research Fellow Center for Legal Research, opklex@mail.ru
Abstract: This article examines the evolution of law enforcement regulations governing housing provision for military personnel and the specifics of housing provision for military personnel who acquired Russian citizenship during their military service. Particular attention is paid to the issue of recording the length of service of military personnel who served as foreign citizens. A legal analysis of changes to federal legislation of the Russian Federation is provided, along with an analysis of the legal position of the Constitutional Court of the Russian Federation, as set out in Resolution No. 44-P of October 18, 2022.
Key words: housing provision for military personnel, length of service; social guarantees for military personnel
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. Improving the Criminal Law protection of Information Security of the Russian Federation.
Ermolovich 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
Ivanov A.L., Candidate of Legal Sciences, Head of the Department of Criminal Law and Criminology Moscow Academy of the Investigative Committee Russian Federation named after A.Ya. Sukharev, opklex@mail.ru
Annotation. The article analyzes the newly adopted Federal Law, according to which the Criminal Code of the Russian Federation has been supplemented with new elements of crimes in the field of computer information and against justice, encroaching on the information security of the Russian Federation. The author identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law; criminal liability; crimes in the field of computer information; crimes against justice; illegal use of a subscriber terminal or a virtual telephone exchange; organization of activities for the transmission of subscriber numbers in violation of the requirements of the legislation of the Russian Federation; organization of activities for the transmission of information necessary for registration and (or) authorization of the Internet user; illegal implementation of investigative and other procedural actions and operational search activities on the territory of the Russian Federation.
8. On the development of the system of crimes against military service at the present stage.
Zakomoldin R.V., candidate of legal sciences, associate professor, leading research fellow of the department of scientific support of prosecutorial supervision and strengthening of the rule of law in the sphere of federal security, interethnic relations and counteraction of extremism of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru
Abstract. The article is devoted to the analysis of the formation of the system of crimes against military service at the current stage of reforming military criminal legislation in connection with Russia's participation in military operations. Attention is paid to the classification criteria for crimes under Chapter 33 of the Criminal Code of the Russian Federation. The criteria for systematization, such as the object, subject, time, and circumstances, are highlighted. Special attention is given to the issue of the place of the composition of voluntary surrender in the system of crimes against military service (Article 352.1 of the Criminal Code of the Russian Federation). There is a gap regarding the list of crimes for which citizens who are on military training can be held criminally liable.
Keywords: crimes against military service, system of crimes against military service, classification of crimes against military service, types of crimes against military service, voluntary surrender, citizens who are on military duty.
9. On the issue of criminal liability of citizens of the Russian Federation serving in volunteer units.
Vorobiev A.А., faculty 25 Department, Military University, opklex@mail.ru
Abstract. The article is dedicated to the study of issues related to criminal liability of Russian citizens serving in voluntary formations. It examines their legal status features and legal collisions arising when volunteers are held criminally responsible for crimes against military service. Special attention is paid to insufficient regulation of volunteer status and limited application of provisions from Chapter 33 of the Criminal Code of the Russian Federation regarding this category of individuals. The author formulates recommendations aimed at improving legislation regulating activities of voluntary units, volunteer status, as well as further development of military law science with regard to shaping “wartime legislation”.
Keywords: special military operation, voluntary formations, legal regulation, crimes against military service, legal status of volunteers, wartime legislation.
10. Key patterns of international legal regulation of military technology transfer.
Karavaev M.V., opklex@mail.ru
Abstract. The article is devoted to the identification of the main patterns of international legal regulation of military technology transfer. Based on the analysis of international law sources, the article identifies the main components of military technology transfer. The article concludes that international legal regulation of military technology transfer is primarily aimed at regulating the intellectual property rights, it also highlights the social qualities of military technology as an object of private law and a subject of public international law.
Key words: international regulation, military-technical cooperation, arms trade, technology, intellectual property
11. Countering Mercenary Activity: Conceptual, Organizational, Legal, and Structural Issues.
Okocha Vadim A., assistant to the head of the Federal State Budgetary Educational Institution of Higher Education «Prince Alexander Nevsky Military University» of the Russian Ministry of Defense, opklex@mail.ru
Abstract. The prohibition of mercenary activity and the exclusion of those engaged in mercenary activity from the status of persons protected by international humanitarian law are particularly relevant today. This relevance is dictated by the demand for armed mercenary force to achieve their interests, both internationally and through terrorism and organized crime, and their frequent use in various regions of the world. Moreover, the system for countering mercenary activity in international and domestic legal contexts is represented not only by a set of international legal (domestic) norms but also by a system of state bodies that, on behalf of the state or for the sake of maintaining international peace and security, plan, organize, implement, and forecast the identification, prevention, combat, prosecution, and mitigation of the consequences of the use of mercenary force (mercenary activity). This article, using a subject-legal approach, examines the complex of international and Russian bodies (organizations) authorized to counter mercenary activity, identify and suppress mercenary actions, and eliminate the consequences of the use of mercenary force. Using a comparative legal approach, the legal framework for the activities of bodies authorized to counter mercenary activity is examined. Their purpose, duties, rights, and powers are examined, as well as the external and internal contours of a comprehensive state counteraction to the use of mercenary force. The concept of counter-mercenary activity is formulated as a relevant area of scientific research. The main scientific results of the study expand the information and subject field of military law and contain new military-legal knowledge, summarized by the author, about the essence of mercenary activity, methods, means, and areas of countering the use of mercenary forces through organizational, socio-legal, and military-legal means.
Keywords: armed (military) conflict, military actions, military legal knowledge, mercenarism, mercenary activity, “mercenary state”, prohibition of mercenarism, international humanitarian law, operational-investigative activity, counterintelligence activity, counteraction to mercenary activity.
12. The universal doctrine of international space law and military use of outer space: individual, collective and the coalition dimension.
Plaksa V.N., PhD in Law, Senior Researcher at the Scientific Research Center (Military Applied Research) Military University
Abstract: The article examines the legal problem of forming a universal doctrine regarding the actual use of outer space for military purposes. The author notes that assuming the interplay of the interests of States in the exploration and use of outer space, overcoming possible disagreements in the implementation of military space activities is based on the norms and principles of international law and is referred by the doctrine to the principle of peaceful settlement of disputes. It is also noted that the circumstances that today contribute to the exhaustion of the international legal regulatory impact on military-space relations are due to the development of new digital technologies, the creation of advanced models of military space technology as a means of warfare, as well as aggressive military and political goals of the West. The author poses this problem and comes to the conclusion that there is an urgent need to clarify the doctrine of international space law.
Keywords: military space activities; universal doctrine of international space law; individual and collective self-defense and security; coalition use of military space forces and assets.
13. Problems of development of the military-industrial complex of Great Britain: development, 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 development of the UK's military-industrial complex, the Ministry of Defence's first Defense Industrial Strategy, its goals, objectives, and key legal mechanisms, as well as the influence of the new National Security Strategy 2025 on its provisions.
Keywords: military law, military-industrial complex, Great Britain
14. The Military-Industrial Commission of the Russian Federation as a governing body for the defense-industrial complex.
Smorchkova L.N., Leading Researcher, Administrative Law and Administrative Process Sector, Institute of Law and Public Administration, Russian Academy of Sciences, Doctor of Law, Associate Professor, opklex@mail.ru
Abstract. This article examines the status, formation procedure, competence, structure, and composition of the Military-Industrial Commission of the Russian Federation as one of the key governing bodies of the defense industry. It provides historical experience of the functioning of the Military-Industrial Commissions in the USSR, the predecessors of the Military-Industrial Commission in the Russian Federation. The author concludes that the Military-Industrial Commission, as a governing body, currently possesses the fullest capabilities for precise planning and ensuring the coordinated operation of the entire defense-industrial complex.
Keywords: defense and security, defense-industrial complex, military-industrial commission, status of governing body, historical experience.
15. Research and production units as a mechanism for expanding the capabilities of personnel provision for defense-industrial enterprises in Russia.
Zorin O.L., candidate of Legal Sciences, Associate Professor, PJSC UEC-KUZNETSOV, opklex@mail.ru
Kaurov I.V., candidate of Technical Sciences, Associate Professor, PJSC UEC-KUZNETSOV, opklex@mail.ru
Karlova E.N., candidate of Sociological Sciences, Associate Professor, MESC AF «N.E. Zhukovsky and Y.A. Gagarin» Air Force Academy (Voronezh), opklex@mail.ru
Annotation. The article is devoted to the examination of conscription by citizens of the Russian Federation in specialized units of the Armed Forces of the Russian Federation – scientific, sports and scientific production companies. The article describes in more detail the activities of scientific and production units as a mechanism for expanding the staffing capabilities of Russian defense industry enterprises and which have shown their relevance against the background of the problem of labor shortage, which is becoming even more acute due to the increase in the volume of state defense orders requiring defense industry enterprises to meet strict deadlines.
Keywords: scientific company, sports company, scientific and production unit, military-industrial complex, enterprise, soldier.