THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
ISSUE CONTENTS:
1. Nuclear Safety doctrine: theoretical and legal analysis of new provisions.
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
2. On the legal provision of protection of traditional Russian spiritual and moral values in a hybrid war.
Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru
Abstract: the article examines the interrelation between the concepts of "hybrid warfare", "cognitive warfare", "information warfare", "mental warfare", "protection of traditional Russian spiritual and moral values", the mechanism of legal support for the protection of traditional Russian spiritual and moral values, and foreign experience in countering negative information and psychological effects.
Keywords: legal support, protection of traditional Russian spiritual and moral values, hybrid warfare, cognitive warfare, information warfare, mental warfare, countering negative information and psychological effects.
3. Military-legal study of the genesis of legal regulation of armed conflicts at sea.
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
Zhevnovaty S.V., applicant of 25 Chair at Military University named after Prince Alexander Nevsky Ministry of Defense of Russia, opklex@mail.ru
Abstract. In the modern world, in the era of transformations in the world and the world order, the improvement of weapons, the emergence of weapons of a new generation, the presence of armed conflicts around the world, on land and at sea, new scientific studies of the means and methods of warfare, taking into account international law and the norms of the law of armed conflicts, are of particular relevance. Article is devoted to consideration of historical and legal aspects of regulation of armed conflicts. The authors consider the genesis of the legal regulation of armed conflicts at sea in order to identify the prospects for preventing armed conflicts at sea, touch upon the issue of the specifics of the legal regulation of armed conflicts at sea and methods of naval warfare, taking into account modern trends in international law applicable to armed conflicts at sea and modern means of warfare at sea. The work lays down an integrated approach to understanding the genesis of the legal regulation of armed conflicts at sea, taking into account the analysis of the norms of international maritime law, international humanitarian law in their totality by functionally correlating the historical and legal basis and current trends and prospects for conducting and preventing armed conflicts at sea.
Keywords: maritime war, armed conflict, law of armed conflict, maritime zones, international law, armed conflicts at sea, naval mines, San Remo Manual, naval weapons.
4. Legal acts of military authorities as a means of regulation under special legal regimes.
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 examines the concept, essence and features of legal acts of military authorities as a means of regulation under special legal regimes.
Key words: legal act of military authorities, order, combat order, special legal regimes, wartime, military conflict, war, armed conflict, military operations.
4. From equalization to differentiation: the evolution of approaches to determining the amount of monetary payments to military personnel and other persons injured while performing tasks during a special military operation.
Koryakin V.M., Doctor of Law, Professor, Professor of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru
Annotation. The article discusses issues related to the evolution of the legal regulation of monetary payments to military personnel and other persons who were injured (traumas, contusions) while performing tasks in a special military operation, as well as to their family members in the event of the death of these persons. It is shown that the evolution of approaches to regulating compensation payments is carried out in two directions: firstly, by expanding the circle of persons eligible to receive such payments.; Secondly, by differentiating the amount of compensation payments depending on the severity of the damage to health. A detailed analysis of regulatory legal acts on these issues has been carried out, and some problematic issues related to the incomplete implementation of the principle of social justice in making these monetary payments and determining the circle of persons eligible to receive them have been identified.
Keywords: compensation payments due to damage to health; social justice; special military operation; participants in a special military operation.
5. On some issues of development of the institute of social payments to military personnel participating in a special military operation.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: the article examines the issue of changing the procedure and conditions for the production of a one-time payment to military personnel - participants of a special military operation in connection with receiving a wound (trauma, mutilation, contusion).
The recent amendments to the legislation of the Russian Federation in terms of social security for military personnel provide for the occurrence of both definitely positive and negative consequences. The development of the institution of social payments to military personnel - participants of a special military operation is due not only to the changing operational situation on the line of combat contact with the enemy, but also to the current socio-economic situation in the country.
Keywords: special military operation, lump sum payment in connection with injury, compensation for damage to health.
6. Improvement of the criminal procedure mechanism for the exemption from criminal liability of persons who entered military service on mobilization or during wartime.
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 and criminal procedure legislation, according to which a criminal procedure mechanism was created for suspending and terminating criminal proceedings, canceling preventive measures, exempting from criminal liability or punishment persons called up or undergoing military service during mobilization, during martial law or during wartime in the Armed Forces The Armed Forces of the Russian Federation at the judicial stages of the consideration of a criminal case, The author identifies the positive and negative sides of changes in criminal and criminal procedure legislation.
Keywords: criminal law, criminal procedure law, military criminal law, military law, military criminal law, criminal liability, soldier, mobilization, wartime, martial law, exemption from criminal liability, exemption from punishment, criminal record, special military operation.
7. Remote fraud: problems and solutions.
Roganov Sergey Alexandrovich, Doct. Sci. (Law), Associate Professor GUAP, PetrSU, opklex@mail.ru
Abstract. The article examines issues related to the use of digital tools in committing fraudulent acts, including those against military personnel and their family members. It presents an analysis of some problems that affect the effectiveness of preliminary investigations into thefts committed using information technology, and suggests ways to solve them within the legal framework.
Keywords: fraud, military, crime, information technology, money, investigation, interaction, legislation.
8. Forgery of documents or other deception as a means of evading military service duties.
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 current issues of the practice of applying the provisions of Article 339 of the Criminal Code of the Russian Federation, taking into account the explanations of the Plenum of the Supreme Court of the Russian Federation given in the resolution of May 18, 2023 № 11 "On the practice of considering criminal cases by courts on crimes against military service".
Keywords: crimes against the procedure for staying in military service, evasion of military service duties, other deception, forgery of documents.
9. Judicial restrictions and prohibitions in the legislation and practice of military justice in Russia and the United States.
Tuganov Yu.N., Doctor of Science (Law), Professor; Professor of the Department; Honored Lawyer of the Russian Federation, Academician of the Russian Academy of Natural Sciences, opklex@mail.ru
Aulov V.K., Candidate of Science (Law), Associate Professor, Associate Professor of the Department, Honored Lawyer of the Trans-Baikal Territory, opklex@mail.ru
Annotation. The problems of restoring Russia's sovereignty in the field of judicial system and judicial proceedings are considered in the article through the prism of Part 3 of Article 118 of the Constitution of the Russian Federation, which establishes a ban on the creation of extraordinary courts.
The combination of the comparative method with the historical and legal approach, when comparing the legal practices of the "creation" of emergency courts in Russia and the United States, allowed the formation of direct references of the term "emergency court" with the American military justice. The extreme form of emergency justice, which is practiced by the US military justice, is qualified in the article as an effective and powerful social regulator in terms of its political and managerial potential, due to the very fact that it is outside the judicial power: both in the American interpretation of this term and in its Russian perception.
The legal understanding of the term "extraordinary court" imposed on Russian society from the outside hinders the modernization of the military judicial system and limits the effectiveness of the regulatory impact of domestic judicial institutions on the combat readiness of military formations staffed on a contractual basis.
Keywords: Judicial power, judicial system, justice, military courts of the USA, emergency courts, Unified Code of Military Justice.
10. On the issue of the interaction of the troops of the National Guard of the Russian Federation with the Federal Biomedical Agency in the field of biological and chemical safety.
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: This study opens a new page in the activities of the National Guard troops of the Russian Federation, related to the need to ensure biological and chemical safety. The innovation is the justification for the organization of interaction between the state military organization and the Federal Medical and Biological Agency, as a new subject of national security. The arguments advocating the organization of such interaction are the increasingly complicated state of sanitary–epidemiological, biomedical and radiation safety in the border territories of the Russian Federation, attempts by the Armed Forces of the Armed Forces of Ukraine to cause maximum harm to citizens living in the adjacent territory, the involvement in this process of a significant number of military personnel and employees of the National Guard troops ensuring state and public security. The author substantiates the concept of interaction between Rosgvardiya and the Federal Medical and Biological Agency in the field of biological and chemical safety.
Keywords: interaction; agreement; cooperation; National Guard troops; Russian Guard; Federal Medical and Biological Agency; interaction; Security Council of the Russian Federation; biological safety; chemical safety; federal executive authorities; President of the Russian Federation.
11. Military temples: problems of legal regulation and solutions (history and modernity). Part 5.
Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru
Abstract. The article briefly examines and analyzes individual problems of improving legal work in the field of state-church relations in the re-establishment of the institute of military clergy in the military, the construction, operation and maintenance of military temples, taking into account current legislation, foreign and domestic historical experience, significant religious changes that have occurred in Russia and its military organizations, the experience of the Armed Forces of Russia, and also, taking into account the internal regulations of religious associations, possible ways to solve them are proposed.
Keywords: military temple, the right of military personnel to freedom of religion, military clergy, military parish, morale of troops, spiritual center, Constitution.
12. Legal features of patenting special equipment.
Chaikov M.Yu., Ph.D., Associate Professor, Ural Federal University named after the first President of Russia B.N. Yeltsin, opklex@mail.ru
Petrushin S.A., Head of the Bureau of Intellectual Property PJSC "Machine-Building Plant named after M.I. Kalinin", opklex@mail.ru
Abstract. The article examines current issues of patenting special equipment. Examples of patenting in foreign countries are given.
Key words: patenting, special equipment, foreign countries.
13. 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.
14. 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.
15. 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.
16. On the legal regulation of monetary payments to military personnel participating in a special military operation.
Barannikov M.M., lecturer at the Russian State University of Justice; Kharitonov S.S., candidate of legal sciences, professor
Annotation: the article examines the issues of legal regulation of monetary allowances of military personnel participating in a special military operation, and the provision of individual payments to them
Keywords: military service, military personnel, monetary allowances of military personnel, payments to military personnel, special military operation.