THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. Alexander military law academy (1867-1917): Alexander Ertel, founder of the theory of military law in Russia.
Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Military-Industrial Complex of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Abstract: The article examines the initial period of the creation of the theory of military law, which is associated with Alexander Ertel, a teacher at the Alexander Military Law Academy, who formulated the main theses of the concept more than 150 years ago and began preparing the first training course on military law. A. Ertel is the founder of the Russian theory of military law.
Keywords: military law, theory, Alexander Military Law Academy, Alexander Ertel.
2. Comprehensive institutes of military and information law.
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 analyzes the issues of intersectoral relations between military and information law. Based on the analysis, the author comes to the conclusion that there is a fairly wide range of complex institutions related to both the field of military law and the field of information law, among which the following should be highlighted: the use of information technology for military purposes, ensuring military information security, the use of information technology in the field of military accounting. The author notes that the list of these complex legal institutions is not exhaustive and may be expanded as a result of further scientific research. The rapid expansion of the list of complex institutions of military and information law is primarily due to the active militarization of the information space, the increasing use of information technology for military purposes, the peculiarities of the information space, which usually has no geographical boundaries, the difficulty in determining the source of an information attack, as well as the anonymity of the information space. In conclusion, the author suggests measures to improve the legal regulation of relations that constitute the general subject of military and information law.
Keywords: military law, information law, integrated legal institution, military security, armed struggle, military conflict, special military operation, information space, information technology, military accounting, information security, military organization of the state.
3. Service animals in the Armed Forces of the Russian Federation.
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 examines the specifics of the legal status of service animals in the Armed Forces of the Russian Federation, identifies gaps in the regulation of these relations and suggests ways to eliminate them.
Key words: service animals, service dogs, service horses, markings, objects of civil rights.
4. The concept of armed conflict at sea and its military legal generalization.
Zhevnovaty S.V., applicant for the 25th department at Military University named after Prince Alexander Nevsky of the Ministry of Defense of Russia, opklex@mail.ru
Annotation. At the present stage, during the period of armed conflicts around the world, on land and at sea, new scientific studies of the conduct of armed conflict at sea, its conceptualization and military-legal generalization are of particular relevance.
The article is devoted to the consideration of the features of the modern armed conflict at sea and its military-legal generalization. The author considers modern methods of conducting an armed conflict at sea and the peculiarities of its multi-sphere, in order to identify the compliance of the conduct of a modern armed conflict at sea with the norms of international maritime law and the prospects for preventing armed conflicts at sea. The author touched upon the issue of the peculiarities of the modern conduct of armed conflict at sea, taking into account modern trends in international law, and modern means of warfare at sea. The work lays down an integrated approach to understanding the modern armed conflict at sea and carried out its military-legal generalization, taking into account the analysis of the norms of international maritime law, international humanitarian law, modern 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, military law synthesis, San Remo Manual, naval weapons.
5. The Institute of Volunteering in the Context of Military and Combat Operations: Domestic Experience and Current State.
Zakomoldin R.V., candidate of legal sciences, associate professor, 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
Danilov P.S., Candidate of Law, Senior Lecturer of the Department of Criminal Law and Criminology of the Faculty of Law of the Omsk State University named after F.M. Dostoevsky, opklex@mail.ru
Abstract. The article is devoted to the analysis of volunteerism as a social institution. The experience of the volunteer movement during the Great Patriotic War of 1941-1945, as well as modern volunteerism in the context of a special military operation are studied. The problem of dualism in understanding volunteerism at the present stage, the specificity of volunteerism in the military service sphere, as well as the lack of proper legal regulation of this institution are stated. Special attention is paid to the problem of special criminal liability of volunteers for crimes against military service.
Keywords: military service sphere, volunteerism, volunteer formations, volunteers, militia, special military operation, military and combat actions, crimes against military service.
6. On the issue of protecting cultural values during armed conflicts in modern conditions.
Ryazanov A.M., Honored Worker of Culture of the Russian Federation, Director of the Pushkin State Historical and Literary Museum, Moscow Region, Russian Federation, opklex@mail.ru
Tsygankov A.Yu., Cand.Sc. (Law), Senior Researcher at the State Historical and Literary Museum of the Pushkin Museum, Moscow Region, Russian Federation, Cand.Sc. (Law), Associate Professor of the Department of Civil Law, Civil Procedure, Private Educational Institution of Higher Education "Moscow University named after A.S. Griboyedov", opklex@mail.ru
Abstract: The article examines the importance of legal protection of cultural heritage during armed actions and conflicts, as well as examines the modern threats and challenges faced by this heritage during military operations. The paper considers measures of international legal protection of cultural objects and practical aspects of their implementation. The author analyzes modern strategies and tools used to protect cultural heritage in the context of military conflicts. The study provides an overview of individual legal mechanisms for the protection of cultural property in the context of armed clashes, intended for international, state and humanitarian organizations. In the course of the research, the authors came to the conclusion that it is necessary to implement satellite monitoring to protect cultural sites, create false virtual 3D models to preserve cultural monuments, creation of trophy brigades for the search and preservation of cultural values.
Key words: cultural values, Russian Federation, armed conflict, modern conditions, protection.
7. On the legal protection of the civilian population and civilian objects from air attacks.
Sibileva O.P., Master of Law, opklex@mail.ru
Abstract. The article considers the issues of legal protection of the civilian population and civilian objects from air attacks and analyzes the international legal regulation of air warfare. Proposed measures to improve the effectiveness of legal protection of the civilian population and civilian infrastructure at the national level in the context of a special military operation.
Keywords: air attacks, UAVs, civilian population, civilian objects, air superiority doctrine, legal protection.
8. Legal regulation of access of military personnel and civilian personnel to the territory of a military formation.
Glukhov E.A., Candidate of Law, Associate Professor, North-Western Institute of Management of the RANEPA under the President of Russia, opklex@mail.ru
Anikushin S.V., lecturer at the Military Academy of the National Guard Troops, opklex@mail.ru
Abstract: the article analyzes the issues of legal regulation of access control at military facilities in terms of the scope and grounds for restricting the right to freedom of movement. Differences are revealed in the order of crossing checkpoints of military units by conscripted and contracted military personnel and civilian workers. The author proposes to amend the General Military Regulations of the Armed Forces of the Russian Federation regarding the organization of an electronic system for monitoring and controlling access to personnel, as well as control over personal belongings being moved. The procedure for carrying out access control on the territory of a particular military unit must be approved by a local regulatory act and brought to the attention of the personnel.
Keywords: the right to freedom of movement, restrictions on the rights of military personnel, access control, military administration body, anti-terrorist protection, grounds for restricting the rights of citizens, checkpoint.
9. Procedural and legal aspects of citizens' access to information constituting a State secret in the Armed Forces of the Russian Federation.
Korobkov V.S., senior lecturer of the 49th department, Military University, opklex@mail.ru
Abstract: based on the author's analysis of legislative norms, resolutions of the Government of the Russian Federation of 2024 and Order No. 1313 of the Minister of Defense of the Russian Federation dated October 27, 2010, citizens' access to information constituting a state secret is considered as a process, its decomposition into stages is performed, and the elements of the information access system are identified. the components of a state secret, namely its subjects, objects, grounds and content.
Keywords: access to information constituting a state secret; admission to state secrets; nomenclature of positions; persons; officials; citizens; employees; military personnel; Armed Forces of the Russian Federation; IDGT-2010.
10. Substantive and functional generalization of the foundations of legal regulation of military medical examination in the Armed Forces of 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
Abstract. Military medical examination, as an important stage and procedure, as well as an independent type of medical examination, is directly related to conscription (entry) into military service, military service and dismissal from it. The conclusions of the military medical commission based on the results of the medical examination within the framework of the military medical examination also serve as a condition for providing guarantees and compensation to military personnel and their family members. Military medical examination is carried out in peacetime and wartime in the Armed Forces of the Russian Federation, other troops, military formations and bodies. The legal basis for the organization and implementation (conduct) of military medical examination is a set of regulatory legal acts of the federal and departmental level, comprehensively regulating various aspects of medical examination and certification within the framework of military medical examination. The article summarizes regulatory legal acts and their system-forming requirements in the field of military medical examination in the Armed Forces of the Russian Federation. The scientific results obtained by the author can be used in organizing and conducting medical examinations of military personnel within the framework of military medical examination, the activities of military medical commissions and legal services of military medical (medical) organizations, as well as in organizing and conducting scientific research in the field of military law.
Keywords: medical care; medical examination; military medical examination; independent military medical examination; medical flight examination; forensic medical examination; medical examination; medical expert outcome; military medical (medical flight) commission; determination and establishment of causal relationship; determination of fitness category for military service; disease; injury.
11. Responsibility of volunteers for crimes against military service.
Legkov Kirill Valerievich., Counselor of Justice, 1st Class, opklex@mail.ru
Meleshko Pavel Evgenievich, Associate Professor of the Department of Criminal Law Military University, PhD in Law, opklex@mail.ru
Annotation. The article examines the specifics of the legal status of citizens who are in volunteer formations, and the issues of their criminal responsibility for committing certain crimes against military service.
Keywords: volunteer formations, citizens staying in volunteer formations, volunteers, note, criminal liability, crimes against military service, period of mobilization, martial law, wartime, conditions of armed conflict or warfare.
12. Fraud using the institution of a court order, related to improper notification of the debtor about the issuance of a court order.
Nieder S.A., Senior Lecturer at the Department of Criminal Procedure and Criminalistics Novosibirsk military order of Zhukov institute named after general of the army I.K. Yakovlev of the national guard of the Russian Federation, opklex@mail.ru
Stepanov S.A., Head of the Department of Criminal Procedure and Criminalistics Novosibirsk military order of Zhukov institute named after general of the army I.K. Yakovlev of the national guard of the Russian Federation, opklex@mail.ru
Snigirev A.L., Professor of the Department of Criminal Procedure and Criminalistics Novosibirsk military order of Zhukov institute named after general of the army I.K. Yakovlev of the national guard of the Russian Federation, opklex@mail.ru
Annotation. In the article, the authors consider the practice of embezzlement of citizens' funds using a court order that has developed in recent years. Considering the essence of the problem in detail, the authors come to the conclusion about the significant shortcomings of the civil procedure law, which actually obliges the justice of the peace to send a copy of the court order to the debtor at the address deliberately incorrectly indicated by the recoverer in the application for the court order and the documents attached to it. As a result, the debtor does not receive a copy of the court order, and learns about its issuance after funds are debited from the account. The authors conclude that the problem lies in the absence of a justice of the peace, not only of a procedural obligation to establish (find out) the true address of the debtor's place of residence (stay), but even of the indicated procedural possibility. Analyzing the opinions of researchers, the authors propose a solution to the problem by making changes to the civil procedure law.
Keywords: recoverer, debtor, place of residence, justice of the peace, fraud, court order
13. The specifics of investigating terrorist acts in an emergency situation.
Makarova O.A., Candidate of Law, Associate Professor, Associate Professor of the Higher School of Law of the Immanuel Kant Baltic Federal University, opklex@mail.ru
Kurkova N.A., Candidate of Law, Associate Professor, Associate Professor of the Higher School of Law of the Immanuel Kant Baltic Federal University, opklex@mail.ru
Abstract. The article is devoted to the problem of criminalistic support for the investigation of terrorist attacks in an emergency situation – during a state of emergency, martial law, and a counter-terrorism operation. The article analyzes the criminalistic characteristics of the investigation of terrorist acts in an emergency situation and other elements of the methodology for investigating this group of crimes. Special attention is paid to the issues of technical, criminalistic and tactical-criminalistic support for the investigation of this category of crimes. The necessity of using the basics of military field forensics as an element of forensic support for the investigation of terrorist acts is substantiated.
Keywords: terrorist attack, investigation features, military field forensics, emergency situation
14. Characteristic criteria of mercenarism in modern law and the specifics of the activities of private military (private military security) companies.
Kholikov I.V., Chief Researcher, Center for International Law and Comparative Legal Studies, Federal State Research Institution “Institute of Legislation and Comparative Law under the Government of the Russian Federation”, Professor, Department 25, Federal State Budgetary Educational Institution of Higher Education “Prince Alexander Nevsky Military University”, Doctor of Law, Professor, opklex@mail.ru
Okocha V.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 content of the concept and criteria for distinguishing (verifying, defining, qualifying) mercenarism, a mercenary and persons participating in (facilitating) the activities of mercenaries were formed in international law on the basis of norms mandatory for application in an armed conflict and provisions of a recommendatory nature. Russian criminal law defines specific criteria for distinguishing mercenaries from other persons for qualifying their actions in a preliminary investigation and criminal proceedings. At the same time, the nature, intensity and technological nature of modern armed conflicts indicate that in addition to the armed forces (formations) of the parties and employees of special services, various participants in irregular armed formations, employees (employees) of private military companies (private military security companies), members of terrorist organizations and mercenary structures can widely carry out their activities in such conflicts. This actualizes the identification of mercenarism criteria, the definition of legal procedural and activity-based techniques for identifying the connection of various persons with mercenary organizations, as well as participation in their activities. The article examines the criteria of mercenarism in modern law and the specifics of the activities of private military (private military security) companies. For these purposes, the norms of international law are analyzed, the provisions of Russian legislation are studied, and the directions for further scientific research are determined.
Keywords: international humanitarian law, armed (military) conflict, legal status, combatant, mercenary, military actions, crimes against peace and security, illegal activity, mercenarism
15. Axiology of the judicial system and the status of judges in special periods.
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 discusses the manifestation of the main axiological contradiction concerning the role and place of courts in the system of the legal mechanism for neutralizing military threats by non-military measures in the administration of justice, as well as the problem of the impossibility of generalizing the jurisdiction of domestic courts to Russian-controlled territories outside our country during special periods.
The author proves that the value discrepancy between the norms of military law regarding the role and place of judges and courts in the system of public authorities involved in the implementation of national defense in special periods cannot be overcome by available legal tools. The resolution of the contradiction is seen in the introduction of the qualification of military service as an officer for judicial candidates into the legal structure of the status of judges and the inclusion of military service time in the length of service in the field of jurisprudence required for appointment to the position of judge.
Legitimization in special periods of the monopoly on the exercise of judicial power by persons with experience in defending the Motherland at the risk of their lives reveals the direct effect of constitutional norms objectifying the interests of the military security of the State as the primary political and legal value through a fair equality of rights and duties.
Keywords: the status of judges, special periods, military registration of judges, balance of rights and duties, unfair equality, the judicial system of wartime.
16. 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 Legal Sciences, Associate Professor, Senior Researcher at the Center for Security Research of the Russian Academy of Sciences, 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.
17. Citizens' participation in solving law enforcement and public safety tasks.
Kirichenko N.S., lawyer, Candidate of Law, opklex@mail.ru
Alexandrova N.G., Associate Professor of the Department of Personnel, Legal and Psychological Support of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, Candidate of Law, opklex@mail.ru
Abstract. Ensuring public safety is one of the most important directions of state policy, the purpose of which is to achieve a state of security for individuals, society and the state. This article discusses some issues of the legal basis for citizens' participation in assisting law enforcement agencies in performing such important tasks as ensuring law and order and public safety.
Keywords: national security, public order, public safety, protection of public order, law and order, citizen activity, internal organs, national Guard.
18. On the issue of granting military clergy a deferment from conscription for military service during mobilization (taking into account the experience of a special military operation).
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 during the restoration of the institution of military clergy in the troops, including during mobilization, taking into account the current legislation, the special military operation being carried out, domestic historical experience, existing regulations of religious organizations, and suggests possible ways to solve them.
Keywords: the right of military personnel to freedom of religion, military clergy, mobilization, military service, special military operation, mobilization personnel reserve, mobilization schedule, special training.
19. Legal regulation in the sphere of the military-industrial complex as an element of the military legislation system.
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 comprehensive regulatory institute of "legislation in the sphere of the military-industrial complex". Based on theoretical-legal and system-legal approaches, an attempt is being made to determine the place of the entire set of legislation in the field of defense industry in the system of military legislation as a complex regulatory array.
Key words: legislation in the sphere of the military-industrial complex, military legislation; system of military legislation; comprehensive regulatory legislative array.