THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4

ISSUE CONTENTS: 

1. 150 years of military law science.

Kudashkin A.V., Head of the Interdisciplinary Center for Legal Studies in the Field of Defense and the Military-Industrial Complex of the IGP RAS, Doctor of Law, Professor, Honored Lawyer Russian Federation, opklex@mail.ru

Abstract: January 30, 1876 marked the beginning of military legal research, which is the basis for the establishment of a memorable date - the Day of Military Legal Science.

Keywords: military law, military legal science, the beginning of military legal research, Alexander Military Law Academy.

 

2. Nuclear security doctrine of the Russian Federation and naval doctrine.

Kudashkin A.V., Head of the Interdisciplinary Center for Legal Studies in the Field of Defense and the Military-Industrial Complex of the IGP RAS, Doctor of Law, Professor, Honored Lawyer Russian Federation, opklex@mail.ru

Melnik N. N., expert in the field of international law and military law USA, China and European countries, PhD (USA), opklex@mail.ru

Abstract: The article discusses the issues of nuclear safety strategy, the provisions of the Maritime Doctrine and the Fundamentals of the state Policy of the Russian Federation in the field of naval activities, as well as the nuclear aspects of the naval doctrines of the United States and India

Keywords: military law, nuclear security doctrine, naval doctrine.

 

3. Participants in a special military operation and combat veterans: the problem of understanding, correlation and application.

Zakomoldin R.V., PhD in Law, Associate Professor, 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, Research Institute of the University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Abstract: The article analyzes the problem of legal regulation of a special military operation. It is noted that today in Russia, wartime legislation is being formed, which has so far been absent. As an illustration, an example of the lack of a definition of such a key concept as "participants in a special military operation" is given, which leads to problems with its interpretation and application, as well as its relationship to other related categories. The need to eliminate such gaps is pointed out. It is emphasized that such work should be systematic, universal and long-term in nature.

Keywords: special military operation, participants in a special military operation, combat veterans, uncertainty, law enforcement.

 

4. Contemporary international legal regulation of the protection of children's rights in armed conflicts.

Rodionov A.E., postgraduate student, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Annotation: The article provides a comprehensive analysis of the contemporary international legal framework governing the protection of children's rights in armed conflicts. It examines the key international legal instruments establishing guarantees for the protection of children in situations of armed conflict, including declarations and conventions of the United Nations, as well as resolutions of the UN Security Council and the General Assembly. The study also reviews the activities of specialized international organizations, including UNICEF, in safeguarding the rights of minors affected by armed conflicts.

Particular attention is given to the regulation of child protection in armed conflicts under international humanitarian law.

Based on the conducted research, it is concluded that the existing norms of international law regulating the protection of children's rights in armed conflicts are generally sufficient. However, there remains a pressing need to enhance implementation mechanisms in response to emerging challenges and threats.

Keywords: armed conflicts, protection of children's rights, international law, international humanitarian law, international regulation, international legal instruments.

 

5. The mechanism of realization of the right of a citizen to receive documents from military organizations.

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 analyzes the issues of the eligibility of citizens to receive various kinds of documents from military formations (documents, extracts, copies of documents, etc.) from the perspective of limiting the right to information due to its classification as a legally protected secret. The author systematizes the norms of legislation on this issue, identifies gaps and contradictions in legal regulation in the field of the exercise of the right to receive information in the field of military formations. As a conclusion, proposals are made for a more precise definition of the criteria for distinguishing information between permitted and prohibited for circulation, and an emphasis is placed on obtaining written documents relating to oneself.

Keywords: the right to information, citizens' appeals, military unit, secrecy regime, legally protected secret, balance of interests, issuing certificates, military authorities.

 

6. Legal regulation of the status military ambulance train.

Lopatin S.A., MD, Professor, Retired Colonel of the Medical Service, Senior Researcher at the State Research and Testing Institute of Military Medicine of the Ministry of Defense of the Russian Federation (GNIIII VM of the Ministry of Defense of the Russian Federation), opklex@mail.ru

Kurkin I.A., Candidate of Medical Sciences, Colonel of the Medical Service,

Deputy Head of the Scientific Research Institute of the Navy of the Ministry of Defense of the Russian Federation for Scientific Work, opklex@mail.ru

Yudin A.B., Candidate of Medical Sciences, Colonel of the Medical Service, Head of the Center (Military Medicine and Military Medical Equipment) of the State Research Institute of the Navy of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract: This article examines the specifics of the activities and legal relations of a military ambulance train in a military conflict, as well as proposals for regulating its legal status.

Keywords: military law, military ambulance train, status, legal regulation

 

7. International-legal guarantees for protection of civilian population in the sphere of military-space activity.

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 Russia, Doctor of Law, Professor, opklex@mail.ru

Plaksa V.N., Senior Researcher at Military University of the Ministry of Defense of Russia, opklex@mail.ru

Keywords: outer space, space systems, international space law, armed conflict, civilian population, civilian infrastructure.

 

8. Implementation of international legal mechanisms for the protection of cultural property during its movement in the Russian Federation and the Baltic states.

Grinchenko A.N., Post Graduate Student at the Institute of Legislation and International Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. This paper examines the implementation of international legal mechanisms for the protection of cultural property during its movement into the Russian Federation and the Baltic States, within the context of customs unions as levels of economic integration. The study's relevance stems from the persistent threats of illicit trafficking, export, and loss of cultural property in these jurisdictions. The existing framework of international legal norms governing the protection of cultural property during movement is augmented by EU law for the Baltic States and EAEU law for Russia, respectively, leading to modifications in import and export procedures. A key feature of cross-border movement is the system of legal statuses, ranging from “goods” to “cultural property.” The status of “goods” is primary and does not require compliance with specific conditions, whereas the status of “cultural property” necessitates adherence to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, as well as integration law. The author employs a range of research methodologies, including comparative law, statistical analysis, sociological methods, formal logic, historical legal analysis, case studies, and the analysis of expert opinions. Integration processes within the EAEU and the EU establish a new layer of legal regulation for the protection of cultural property, interacting with existing conventional and national norms. The effectiveness of international legal protection for cultural property during cross-border movement is contingent upon customs control. Discrepancies in law enforcement and deficiencies in existing mechanisms underscore the need to develop proposals for minimizing the risks of loss of cultural property during its movement, through the implementation of mechanisms for the identification of lost cultural property, thereby strengthening countermeasures against illicit trafficking and ensuring more reliable protection.

Keywords: cultural values, Russian Federation, Baltic states, mechanisms for the protection, moving across borders, customs control, international law, Eurasian Union, European Union, goods

 

9. Legal means of countering the implementation of the concept of qualified neutrality in the information space of the Russian Federation: military and legal aspects.

Konokhov M.V., leading researcher of the Institute States and Rights of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru

Abstract: The article discusses the issues of countering through legal means the implementation of the concept of "qualified neutrality" by the states of the collective West in the information space of the Russian Federation, which consists in the most general form in the fact that neutral states can support belligerent states that have become victims of illegal aggressive wars, denying the aggressor's right to wage war against those who help victims of the aggressor. The author concludes that this concept contradicts the norms of international law, including when implemented by neutral states in the information space of belligerent states. According to the author, the danger of implementing the concept of "qualified neutrality" in the information space is due to its peculiarities. These features consist primarily in anonymity and the absence of geographical boundaries of the information space. The author suggests legal means to counter the implementation by Western states of the concept of "qualified neutrality" in the Russian information space, which poses a serious threat to the national security of the Russian Federation.

Keywords: information space, the concept of "qualified neutrality", information security, national security, information operations, international law, special military operation, Military Doctrine of the Russian Federation, Information Security Doctrine of the Russian Federation, Conceptual views on the activities of the Armed Forces of the Russian Federation in the information space, the Concept of the United Nations Convention on Ensuring International Information Security.

 

10. The status of judges in peacetime: definition, legal structure, scope of the concept and its content.

Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities at the Russian State University of Justice, opklex@mail.ru

Annotation. The article states the lack of a conceptual framework for solving general theoretical issues of the discussion, the central place in which is devoted to identifying the relationships of categories related to the term "status". Based directly on the rules of the Russian language, the article suggests a way out of the heuristic impasse and a new look at the term "status of judges" as a substantive (singular) category, the defined name of which is expressed in the plural. With a literal interpretation of the norms of the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the Status of Judges in the Russian Federation", the entire complex of interrelated definitions revealing the legal structure of the status of judges, the concept of this legal category, its content and scope, is organized in a single theoretical structure in the article.

The systematization of the normative base of the status of judges into the mechanisms of ethical and legal regulation described in the work is announced by a more rational method of cognition than the unlimited division of the scope of the concept of "status of judges" based on personal preferences in the selection of classification criteria.

Keywords: status of judges, legal status, legal status, legal regime, legal structure of the status of judges, the concept of the status of judges, the scope of the concept of the status of judges.

 

11. Formation and development of the strategic missile forces scientific and technological system (on the issue of some organizational and legal problems of military construction in Russia).

 Tushkov A.A., Doctor of Historical Sciences, Associate Professor, Professor at the Academy of Military Sciences, opklex@mail.ru

Nemchaninov A.S., Candidate of Historical Sciences, Doctoral student, opklex@mail.ru

Abstract: In the article, the authors addressed problematic issues reflecting the organizational and legal aspects of the development of the main component of the strategic nuclear forces - the Strategic Missile Forces as a complex scientific and technological system. The appearance of missile weapons in the middle of the twentieth century was caused by the objective need to ensure the national security of the country and its strategic stability on a global scale. In this regard, the problems that the country's military and political leadership had to solve lay in the organizational and legal plane, on the results of which depended the existence of the state and the development of the Strategic Missile Forces as a key component of ensuring the country's security.

Keywords and phrases: Scientific and Technological System, Council of Ministers of the USSR, Military Doctrine of the Russian Federation, Ministry of Armament, Special Committee on Jet Technology under the Council of Ministers of the USSR, Research Institute-10 of the Ministry of Machine Tool Industry.

 

12, On the issue of anti-terrorist protection of preschool educational organizations, general education organizations, and professional educational organizations by the National Guard troops.

Nazarova I.S., Candidate of Law, Associate Professor, Professor of the Department of State and Legal Disciplines of the Research Center of the Military Order of Zhukov Academy of the National Guard Troops of the Russian Federation, opklex@mail.ru

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 events taking place in Russian educational institutions related to mass shootings demonstrate the need for a government solution to this problem. The issues of granting the Russian Guard additional powers related to the protection of preschool educational organizations, general education organizations, and professional educational organizations have been repeatedly raised on the agenda of the State Duma. The study analyzes the legislative activity of the deputy corps, reflects the opinion of the Government of the Russian Federation and the Rosgvardiya in the field under study. It is noted that the unresolved issue may lead to ineffective provision by the state of public security, the object of protection of which is the individual. The article considers the specifics of making amendments to Part 1 of Article 9 of the Federal Law "On the Troops of the National Guard of the Russian Federation", which is proposed to be supplemented by paragraph 21.2.

Keywords: anti-terrorist security, security, public safety, National Guard troops, Rosgvardiya, Ministry of Education of Russia, non-departmental security, information security system, weapon control, preschool educational organizations, general education organizations, professional educational organizations.

 

13. "Garage OPK": Emerging from the Legal Gloom.

Rodikova V.A., Institute of Management of the Ural Branch of the RANEPA, Yekaterinburg, postgraduate student, opklex@mail.ru

Rodikov A.V., Head of Chemical Technology Laboratory of JSC "Signal", opklex@mail.ru

Abstract: The authors investigate the unique legal status of the phenomenon, which has become widespread in the Russian Federation.: the so-called "garage", or "national defense industry". Despite the de facto legalization in the information field and recognition by public authorities, the existing legal gap around this phenomenon carries significant risks, both private and public. The article describes the existing legal status of the "civil defense industry", and also suggests a number of measures, including legislative initiatives, to resolve existing contradictions in regulatory legal acts and eliminate the legal vacuum around the existing and developing phenomenon of the "civil defense industry".

Keywords: military-industrial complex, legal regulation, military law.