THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. Сombat regulations of the armed forces of the Russian Federation – sources of the law of military conflicts.
Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Military-Industrial Complex, IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Abstract: The article reveals the results of a study of the sources of military law – combat regulations, which formalize the legal norms governing behavior during hostilities, i.e. they are sources of the law of military conflicts.
Keywords: military law, law of military conflicts, combat regulations, sources of law.
2. Combat regulations as acts of military legislation in wartime.
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 explores the concept, essence and features of combat regulations as acts that form the core of wartime legislation. The author's periodization of the process of formation of national combat regulations is proposed.
Key words: legal act of military authorities, combat regulations, wartime, military conflict, war, wartime legislation
3. On ensuring proper execution by military personnel of orders of commanders in special conditions.
Zakomoldin R.V., candidate of law sciences, docent, researcher at the Department of scientific support for prosecutorial supervision and strengthening the rule of law in the field of federal security, interethnic relations and countering extremism of the Research Institute, University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru
Abstract. The article is devoted to the problem of ensuring proper execution by military personnel of command orders in special conditions – during martial law, during wartime, in conditions of armed conflict or warfare, including refusal to participate in military or combat operations. The article analyzes the differentiation of criminal liability for non-fulfillment of orders in connection with the reform of military criminal legislation. It is noted that there is a need to toughen criminal penalties for failure to comply with orders in special conditions and for refusing to participate in military and combat operations.
Keywords: crimes against military service, special military operation, unity of command, military statutory relations, non-fulfillment of orders, refusal to participate in hostilities.
4. Nuclear weapons as the factor of ensuring the security of the Russian Federation.
Kharaman E.E., Post-graduate Student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract: The article studies the provisions of such normative legal acts concerning the issues of national security of the Russian Federation as the Federal Law No. 390-FZ of December 28, 2010 «On Security», the Federal Law «On Strategic Planning in the Russian Federation» No. 172-FZ of June 28, 2014, the National Security Strategy of the Russian Federation, as well as researched and analyzed the provisions of the Military Doctrine of the Russian Federation and the Decree of the President of the Russian Federation No. 991 of November 19, 2024 «On Approval of the Fundamentals of State Security».
Keywords: international security, security, national security, national legislation, nuclear safety, nuclear weapons, military doctrine.
5. The decision is a collective one, but the responsibility is individual: some issues of legal responsibility of members of procurement commissions for corruption offenses.
Ivanov R.V., Candidate for the 25th Chair of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru
Koryakin V.M., Doctor of Law, Professor, Professor of the 25th Department of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru
Annotation. The article discusses problematic issues related to the application of legal liability to members of commissions for the procurement of goods, works, and services for public needs. The main focus is on the responsibility of members of such commissions for corruption-related offenses, as well as the implementation of the principle of individualization of punishment in an environment where the decision is made collectively, but responsibility is applied personally. Some proposals have been formulated to improve the legislation on the contract system in terms of the responsibility of members of procurement commissions.
Keywords: procurement of goods, works, and services for public needs; procurement commission; legal liability; corruption offenses.
6. On some issues of assigning lump-sum payments to military personnel who have signed a contract for military service during a special military operation.
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: the article examines the issue of the development of the legislation of the Russian Federation regarding the appointment of military personnel who have signed a contract for military service during a special military operation by the Russian Federation.
A review of the legal acts is being conducted, defects and conflicts in law are being identified.
Keywords: special military operation, lump sum payment in connection with the conclusion of a contract, the status of a combat veteran, the status of a participant in a special military operation.
7. Mentoring in the field of labor relations in the Armed Forces of the Russian Federation: legal regulation and law enforcement issues.
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. The article discusses the prerequisites for the need to regulate mentoring in labor relations, the specifics of the legal regulation of this institution, as well as the features and problems of its application in the Armed Forces of the Russian Federation.
Key words: mentoring, mentor, civilian personnel, military units, co-op pay, employer.
8. Theoretical and legal characteristics of modern legal foundations for conducting (implementing) military medical examination in relation to military personnel and other persons in the Russian Federation.
Naumov P.Yu., candidate of pedagogical sciences, assistant to the head of the state budgetary institution of health care, opklex@mail.ru
Annotation. In modern conditions, when the use of military force sometimes becomes an inevitable factor in building international relations, the attention of the state and society turns to the Armed Forces, their provision, combat readiness, manning and ability to perform tasks to ensure the defense of the country and state security. An important aspect of the preparation of the Armed Forces to solve the tasks assigned to them is the organization of appropriate types of support, including medical. As part of medical support and when organizing measures to protect the health of military personnel, a military medical examination is carried out, according to the findings of which military personnel can be dismissed from military service, they can be provided with individual guarantees and compensation, or the issue of further service assignment can be decided (for example, military service in a certain military position, military registration specialty, admission to military educational organizations of higher education). Currently, a certain system of legal norms has been built in the Russian Federation designed to regulate the conduct of military medical (medical flight) examination in relation to military personnel in peacetime and wartime. The presented study is devoted to a comprehensive understanding of the legal basis for conducting (implementing) military medical examination in relation to military personnel and other persons. The article summarizes the requirements of the legislation of the Russian Federation and other regulatory legal acts in the field of organization, implementation, recording of results and legal consequences of conducting military medical examination. The current directions for improving legal norms in the field of military medical examination are determined and the vectors of further scientific research in the field of knowledge of the legal basis of military medical examination are objectified.
Keywords: examination; types of medical examinations; military medical examination; independent military medical examination; medical flight examination; medical examination; correspondence medical examination; medical expert outcome; military medical commission; determination (establishment) of causal relationship; determination of fitness category; military legal norms.
9. On the right of military personnel to be voluntarily excluded from the register of participants of the savings and mortgage system of housing provision for servicemen and to change the way of the realization of their housing rights.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru
Abstract. The article describes the situation that has developed in recent years in the domestic housing estate and mortgage housing lending markets as a background for military personnel’s activity to be excluded at their own requests from the register of participants of the savings and mortgage system of housing provision for servicemen and to change the way of the realization of their housing rights. Based on the analysis of judicial practice, conditions are identified under which a serviceman can be excluded from the specified register at his own request and choose another form of housing provision. The need to improve legislation regarding housing accessibility for military personnel is emphasized.
Key words: serviceman, the legal status of a serviceman, housing provision, savings and mortgage system of housing provision for servicemen, housing subsidy.
10. Legal regulation of the exercise of the right to housing by military personnel who have entered military service from the reserve in a special military operation.
Spirin N.D., officer of the Department of Regulatory Support of the Department of Construction of the Federal Service of the National Guard Troops, candidate of the 20th Department (Military Law), opklex@mail.ru
Annotation. Ensuring the sovereignty of Russia and achieving the goals of a special military operation determines the need to increase the staffing of the Armed Forces of the Russian Federation and other troops and bodies that provide for military service. Citizens who have entered military service from the reserve, who have the right to be provided with housing for permanent residence, but who have not exercised this right for a long period of time due to insufficient budget financing of expenditures aimed at housing military personnel (citizens discharged from military service and their family members), may be accepted into the newly formed units.). The realization of this right seems promising in the context of a special military operation. The author substantiates the possibility of resolving the current situation by extending additional social guarantees in the field of housing relations to military personnel who have entered military service from the reserve.
Keywords: special military operation, the right to housing, social guarantees and compensation for military personnel, housing, income tax, monetary forms of housing for military personnel.
11. Improving the norms on criminal liability of persons serving in volunteer formations.
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 citizens who are in volunteer formations provided for by the Federal Law "On Defense" dated 05/31/1996 No. 61-FZ were criminalized for committing crimes against military service, and interrelated changes were made to the Criminal Procedure Code of the Russian Federation. 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, a person in a volunteer formation, crimes against military service, volunteer formations, Ministry of Defense of the Russian Federation, Federal Service of the National Guard of the Russian Federation, special military operation.
12. The mechanism of legal regulation of the rule of law in the Armed Forces: definition, essence and place of courts in the mechanism system.
Aulov V.K., PhD in Law, Associate Professor, Russian State University of Justice, opklex@mail.ru
Annotation. The mechanism of legal regulation of the rule of law in the Armed Forces is considered in the article as a system – through the prism of its manifestation in structural, functional and hierarchical dimensions. The conflicting positions of key actors on the subject-object composition of this mechanism are presented in the context of scientific discourse related to the understanding of the term "legality". Based on the results of the study of the regulatory framework, the definition of the mechanism of legal regulation of the rule of law in the Armed Forces and its essence are substantiated. The place of courts in the system of this mechanism is specified taking into account the truncated format of their participation in coordination activities. Based on the purpose of the study, it is proved that the content of the concept of "legality" is in constant dynamics, changing simultaneously with the modernization of legislation. Attribution of the ratio of numerical functional relationships between the links of the mechanism is another particular scientific problem solved in this work.
Keywords: The Security Council of the Russian Federation, the system of public authorities, judicial authorities, the mechanism of legal regulation, ensuring legality in the Armed Forces, subjects and objects of intra-system relations, coordination activities.
13. To the problem of legal analysis of the methodology of studying islam in the conditions of ensuring by the state the principle of secularism and religious neutrality of the military education system in Russia.
Ivaneev S.V., candidate of legal sciences, research fellow at the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, president of the non-profit organization “Association of Citizens of the 21st Century for the Development of Secularism and Humanism”, opklex@mail.ru
Abstract: the article examines the problem of legal analysis of the methodology of studying Islam in the context of ensuring the principle of secularism and religious neutrality of the military education system by the state. The need to form a legal mechanism for implementing freedom of conscience in the military organization of the state, aimed at ensuring security in a multinational and multi-confessional state, is emphasized. A model for the development of the military education system based on secular culture and an updated concept of humanism is proposed. In this context, the development of military education in modern conditions as one of the most important means of strengthening the national security of the Russian state should be based on the principles of secularism, freedom of conscience, and the priority of human rights.
Key words: islam, religion, education, humanism, ethno-confessional factor, security, freedom of conscience, secularism of the state, human rights.
14. On the specifics of ensuring public safety by the Federal Service of the National Guard Troops of the Russian Federation.
Shenshin V. M., PhD in 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: In this study, the author focuses on the fact that the Federal Law "On Security" considers public security as a type of national security, in the National Security Strategy of the Russian Federation public security is named as a strategic national priority, the Concept of Public security of the Russian Federation defines public security as part of the national security system. The article reveals the specifics of Rosgvardiya's provision of public safety through the exercise of the function of developing and implementing state policy and regulatory regulation in established areas within the limits of its powers.
Keywords: national security, public safety, strategic national priority, Donetsk People's Republic, Luhansk People's Republic, Zaporizhia region, Kherson region, Rosgvardiya, arms trafficking, private security activities, mobilization, martial law, wartime, senior officials of the subjects of the Russian Federation, the President of the Russian Federation, specialized state unitary enterprises.
15. Some interpretations on information security in the field of intellectual activity and the need to improve them.
Vasiliev F.P., Senior Researcher of the Central Research Institute of the Ministry of Defense of Russia, Member of the Russian Academy of Legal Sciences (RAJUN), Doctor of Law, Associate Professor, Retired Police Colonel, Veteran of the Academy of Management of the Ministry of Internal Affairs of Russia, opklex@mail.ru
Annotation. The structure and processes of this article as a whole confirm that the author, on the basis of an in-depth analysis of scientific and practical judgments on the problems of resolving issues of intellectual activity, consistently touches upon modern technologies and processes of their resolution. Thus, the analysis confirms the existing modern problems in the areas of improving intellectual activity and the need to interpret them taking into account the requirements of the time. And the author's judgments will contribute not only to rule-making, but also to scientific, educational, practical activities in the field of ensuring the life of intellectual activity and the results of intellectual activity (property), as well as the improvement of information technologies.
Keywords: security, military technologies, state, action, achievement, ID, patent, result, RIA, property, economy.
16. Subsidies as measures of state support for organizations of the military-industrial complex: special aspects of supervisory activities.
Aliev R.I., Novosibirsk State University, Assistant Professor of the Department of Legal Support of Market Economics, Faculty of Economics; Prosecutor's Office of the Novosibirsk Region, Assistant to the Novosibirsk Prosecutor for supervision of the enforcement of laws at high-security facilities, opklex@mail.ru
Some aspects of subsidies, as a form of state support for organizations in the military-industrial sector, are examined from the perspective of legal theory, current legislation, and specific regulations in this field. Based on an analysis of current applicable laws, theoretical legal approaches, and materials from judicial practice, a point of view is formulated on the main issues of regulatory oversight of the implementation of programs by military-industrial organizations as part of government support measures.
Keywords: Military-industrial complex, subsidies, state support measures, organization, agreement, program