THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6
ISSUE CONTENTS:
1. Military law academy of the red army (1939 - 1956): S.V. Romazan and V.M. Chkhikvadze: the battle on the theoretical front for military law (the second paradigm of military law).
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
Annotation: The article continues the study of the history of the creation of the theory of military law in Russia and covers the period of scientific development during the period of the Military Law Academy of the Red Army (1936 to 1956). It shows the dramatic events accompanying the formation of the theory of military law, which, on the one hand, advanced military law science towards the creation of the theory of military law, and on the other hand, they led to its stagnation. Nevertheless, this period is significant both for military law science as a whole and for its individual areas, including the formation of the theory of military law.
Keywords: military law, theory, second paradigm, military law academy.
2. Interdisciplinary and intersectoral relations of military 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 examines the issues of interdisciplinary and intersectoral relations of military law. The author notes that at the present stage of the development of the military organization of the state, these issues are becoming particularly relevant, due to the special goals of this branch of law: achieving victory in a military conflict and ensuring the military security of the state in peacetime. These goals, according to the author, taking into account the complex nature of military legislation, can be achieved only through a scientific understanding of a fairly wide range of interdisciplinary and intersectoral relations of military law. The author also suggests supplementing the educational literature on military law with the paragraph "Interdisciplinary and intersectoral relations of military law."
Keywords: military law, military legislation, intersectoral relations, interdisciplinary relations, victory, military conflict, military security, military science, philosophy, information law, military-social law, civil law.
3. Problematic issues of providing social guarantees to persons performing combat missions in the territories of the subjects of the Russian Federation adjacent to the areas of a special military operation.
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 is a scientific and practical commentary to Federal Law No. 83-FZ of April 21, 2025, according to which the status of a combat veteran provided for by Federal Law No. 5-FZ of January 12, 1995 "On Veterans" was extended to participants in combat operations to repel the invasion of armed formations of Ukraine on the territory of Russia. adjacent to the area of the special military operation (SVO). The most important innovation in the legal regulation of these issues is the departure of the legislator from the practice of specifying the relevant territories of combat operations directly in the law. According to the new legal regulation, the Government of the Russian Federation has been given the authority to determine the list of territories of the subjects of the Russian Federation adjacent to the areas of a special military operation. The participation of military personnel and other persons in combat operations in the territories indicated in this list will give them the right to be awarded the title of combat veteran.
The article discusses the prospects for further improvement of legislation on social guarantees provided to participants in hostilities in the territories of Russia adjacent to the zone of military conflict.
Keywords: combat veteran; combat disability; special military operation; counter-terrorism operation; social guarantees; families of deceased servicemen.
4. National Guard of the member States of the Collective Security Treaty Organization.
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law Saint 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, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Abstract: The legal documents of the Collective Security Treaty Organization provide for a mechanism for using forces and means if necessary. The presented study focuses on the consideration of the national Guard of the countries participating in the Collective Security Treaty as an integral element of the mechanism of the state. The specifics of the use of the National Guard are noted. It is proposed to conduct training of units of the National Guard of the CSTO member states in the Arctic zone of the Russian Federation.
Keywords: CSTO, State security, Arctic zone of the Russian Federation, National Guard, united rapid reaction forces.
5. Features of the legal regulation of the procedure and conditions for receiving a lump sum payment provided for by Decree of the President of the Russian Federation No. 181 dated March 11, 2024 "On Additional Social guarantees for certain categories of persons" in the Armed Forces of the Russian Federation.
Zaikov 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 and shortcomings of the legal regulation of the procedure and conditions for the appointment of lump-sum payments to civilian personnel of the Armed Forces of the Russian Federation in accordance with Decree of the President of the Russian Federation dated March 11, 2024 No. 181 "On additional social guarantees for certain categories of persons".
Key words: lump sum payment, special military operation, civilian personnel, military unit, employees.
6. Juridical aspects of social protection military personnel participating in the special military operation.
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
Annotation: The materials of the article are devoted to the study of the most important issues of legal regulation of social protection of military personnel participating in a Special military operation. Based on the results of the analysis of the normative material, a conclusion is formulated about the serious approach of the legislator to the legal regulation of the legal status of participants in a Special military operation, despite the presence of some problems caused by objective circumstances.
Keywords: military personnel, legal status of military personnel, social protection, participants in a Special military operation, Constitution, social guarantees and compensations, pension provision.
7. On some issues of state support for the participants of the SVO who have received a disability.
Maiburov V.A., Master's student of the Department of Theoretical and Public Law Disciplines of the Institute of State and Law of the Tyumen State University, opklex@mail.ru
Suntsov A.P., professor of the department of theoretical and public-law disciplines of the Institute of State and Law of Tyumen State University, Doctor of Law, professor, opklex@mail.ru
Abstract: The subject of the study is the conceptual aspects and regulatory legal acts that determine the legal status of the participants in the SVO. The article analyzes the provisions of regulatory legal acts affecting the legal status of this category of servicemen. The relevance of the article lies in the identification of the existing legal uncertainty in the measures of state support for participants of the SVO with disabilities. The theoretical basis is made up of scientific works by scientists and practitioners in the field of public law, whose research interests focused on the issues of studying the legal protection system of participants of the SVO. The main purpose of the article is to analyze the legal status of the participants of the SVO and formulate proposals for additional guarantees for those of them who have received a disability. The object of this study is to study and analyze public relations arising from the participation of servicemen in the SVO and their recognition as disabled, through the prism of the constitutional duty of the state to pursue a policy aimed at creating conditions that ensure a decent human life, as well as ensuring state support for the disabled. The methodological basis of the article is the modern achievements of the theory of cognition. In the course of the research, legal methods (formal-logical, comparative-legal), as well as the methodology of system analysis and expert analysis were used. The research was carried out with the integrated application of both general scientific and private methods of scientific knowledge: analysis and synthesis, formal legal method.
The novelty of the article lies in the justification of the need to provide additional state support measures to the participants of the SVO who have received a disability.
Keywords: social protection, state support, legal status, employment, guarantees, participants in a special military operation, mobilized, contract servicemen, volunteers, employee.
8. Legal regulation problems of field water supply.
Lopatin S.A. Doctor of Medical Sciences, Professor, Colonel of the Medical Service (retired), Senior Researcher of the State Research and Testing Institute of Military Medicine of the Ministry of Defense of the Russian Federation (GNIII VM MO RF), opklex@mail.ru
Bokarev M.A., candidate of medical sciences, associate professor, colonel of the medical service, deputy head of the department of general and military hygiene with a course in naval and radiation hygiene of the S.M. Kirov Military Medical Academy, opklex@mail.ru
Kirilenko V.I., Senior Lecturer, Department of Life Support Systems for Military Infrastructure Facilities, Military Institute (Engineering and Technical), Military Academy of Logistics named after Army General A.V. Khrulev, opklex@mail.ru
Abstract: This article examines the specifics of the organization, legal relationship and legal regulation of field water supply in the field, as well as improvement proposals for the regulatory legal acts of the Russian Federation governing this type of material support and having different legal force.
Key words: legal regulation, field water supply, ranking, drinking water, quality, control.
9. Improving the criminal law protection of personal data.
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 legislation, according to which the Criminal Code of the Russian Federation has been supplemented with a new article 272.1, which establishes criminal liability for the illegal trafficking of computer information containing personal data. The author identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law; criminal liability; crimes against public safety and public order; crimes in the field of computer information; personal data; computer information; illegal use, transfer, collection, storage of computer information containing personal data; creation or maintenance of information resources intended for illegal storage or dissemination of computer information containing personal data.
10. Examination: criminal procedural and ethical aspects.
Roganov S.A., Doct. Sci. (Law), Associate Professor GUAP, Leningrad State University named after A.S. Pushkin, opklex@mail.ru
Abstract. The article examines individual issues of application of criminal procedure rules related to the conduct of examination, where the examined person may be a military serviceman during the investigation of crimes against military service. The definition and substantive part of the examination of the body of a living person are specified. It is proposed to supplement Part 2 of Article 179 of the Criminal Procedure Code of the Russian Federation, as well as to change the wording of Part 4 of Article 179 of the Criminal Procedure Code of the Russian Federation. An opinion is expressed on such a controversial issue as nudity during examination. The conclusions and proposals formulated in the course of the study may be important for criminal procedure theory and investigative practice.
Keywords: investigative actions, examination, material traces, evidence, investigator, criminal procedure legislation, procedural actions
11. The specifics of the application of provisions on exemption from criminal liability and punishment, as well as the repayment of criminal records to persons in connection with their admission (conscription) for military service or military service
Kupchenko A.I., State Adviser of Justice, 2nd Class, opklex@mail.ru
Meleshko P.E., Associate Professor of the Department of Criminal Law Military University, PhD in Law, opklex@mail.ru
Novikov A.V., State Adviser of Justice, 3rd Class, opklex@mail.ru
Annotation. The article examines the content and features of the application of institutions of exemption from criminal liability and punishment, as well as the repayment of criminal records to persons in connection with their admission under a contract (conscription) for military service or military service.
Keywords: exemption from criminal liability of a person in connection with admission under a contract (conscription) for military service or military service, suspension of criminal proceedings, petition of the command (institution), release from punishment on probation, release from punishment of a person in connection with admission under a contract (conscription) for military service military service, repayment of a person's criminal record in connection with admission to military service under a contract (conscription), the period of mobilization, the period of martial law, wartime, conditions of armed conflict or warfare.
12. The specifics of investigating terrorist acts in an emergency situation.
Makarova O.A., Candidate of Legal Sciences, 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 Legal Sciences, 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
13. The law of armed conflicts in the system of military law of Russia, its place and methods of research.
Melnik N. N., expert in the field of international law, military law USA, China and European countries, PhD (USA), opklex@mail.ru
Abstract. In the article is considered the analysis of the Russian legal system proposed in military law science and the place legal norms in it regulates military conflicts, theoretical concepts and methodological approaches to their study, features of military conflict as phenomena of objective reality
Keywords: military law, law of armed conflict, system of military law.
14. Military law: on the issue of interaction between international and domestic law.
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
Annotation: The article is a review of the article by N.N. Melnik "The law of armed conflict in the Russian military law system, its place and research methods."
Keywords: military law, international law, law of armed conflict, law of military conflict, international humanitarian law.
15. The lack of authority of the Russian Guard to organize the participation of National Guard troops in the fight against terrorism and extremism while ensuring public safety.
Shenshin V.M., Candidate of Law, Associate Professor, Senior Researcher, Center for Security Research, Russian Academy of Sciences, opklex@mail.ru
Abstract: The presented study reveals a trend indicating that the existing powers of the Rosgvardiya do not allow it to fully implement the participation of National Guard troops in measures to combat terrorism and extremism while ensuring public safety. It is proposed to make an addition to the Regulations on the Russian National Guard, which establishes the need to take measures aimed at detecting, preventing and suppressing terrorist and extremist activities.
Keywords: combating terrorism and extremism; Russian Guard; FSB of Russia; Rosfinmonitoring; Ministry of Internal Affairs of Russia; powers; National Guard troops; ensuring state and public security; public safety; protection of human and civil rights and freedoms.
16. Features of legal regulation of labor at enterprises of the defense-industrial complex and prospects for their development.
Potapov A.V., head of corporate governance Department of the UES JSC, assistant of the Department of Labor Law of the Faculty of Law of the Lomonosov MSU, Ph.D. in law, opklex@mail.ru
Potapova N.D., associate professor of the Department of labor law and social security law of the Kutafin Moscow State Law University (MSAL), Ph.D. in law, opklex@mail.ru
Abstract: Based on the current legislation, formulates the features of legal regulation of labor relations at enterprises of the defense-industrial complex, and identifies the grounds for differentiation of legal regulation of labor in relation to this category of employers.
Keywords: defense-industrial complex, military-industrial complex, labor, unity and differentiation of legal regulation of labor relations, social entrepreneurship.
17. Counterfeit and falsification: legal aspects.
Volodchenkova V.V., Senior Researcher, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Korchinskaya O.A., Senior Researcher, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Peregudova N.V., opklex@mail.ru
Gavryushenko V.P., opklex@mail.ru
Abstract: The article examines certain aspects of counterfeit and falsified products, in particular, a special emphasis is placed on electrical goods. A statistical analysis of fires in 2024 was carried out for reasons and industrial facilities, from which it follows that the most common cause is a short circuit. Proposals on a system of measures in the field of combating counterfeit products are also given.
Keywords: counterfeit, counterfeit, labeling, honest mark, responsibility, goods, import, products, copyright holder, sale, fire safety, marketplaces.