THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
ISSUE CONTENTS:
1. Military law as an international humanitarian project: the creative path and the struggle for peace of professor I.V. Kholikov (on the 50th anniversary of his birth).
Kudashkin A.V., 1JSC United Engine Corporation, Institute of State and Law of the Russian Academy of Sciences, Moscow, opklex@mail.ru
Kudashkin V.V., 2JSC Rosoboronexport, Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Naumov P. Yu., Main Military Clinical Hospital of the National Guard Troops of the Russian Federation, National Medical Research Center for Therapy and Preventive Medicine of the Ministry of Health of the Russian Federation, opklex@mail.ru
Annotation. July 19, 2025 marks the fiftieth anniversary of the birth of Doctor of Law, Professor, Reserve Colonel, Advisor to the Secretary General of the International Committee of Military Medicine on legal issues Ivan Vladimirovich Kholikov. A wide range of readers know Ivan Vladimirovich for his fundamental, methodological, applied and empirical studies of military law, military problems of international law, legal regulation of medical activities. The hero of the day distinguished himself with practical participation in international military cooperation of the Russian Federation, the organization of military medicine and public health. The military and scientific-creative path of Professor Kholikov I.V. is an example of courage, overcoming, integrity, honesty and justice in defending the interests of the Motherland, the triumph of humanistic ideas, preventing and overcoming inevitable confrontations and resolving contradictions by peaceful (legal) means. Largely due to the humanitarian, scientific, representative activities of the hero of the day, the Russian Federation is perceived in many countries and international organizations as a peacekeeping state, capable of cultural dialogue and dispute resolution in a civilizational way. It is important that the scientific interests, military-legal and international legal research of Ivan Vladimirovich are closely connected with the activities of the Russian Academy of Sciences in understanding the current stage of development of legal knowledge, fundamental ideas of development of law, problems of security and military activities of states. The authors of the article note that the problems developed by Professor Kholikov I.V. are becoming increasingly relevant and require serious efforts of the academic community, statesmen and practitioners. Understanding military problems of international law as a direction of research within the framework of international legal sciences, expanding the subject field of international law, putting forward proposals for international legal prevention of military (armed) conflicts, challenges and threats to humanity are the epistemological practices that the hero of the day is engaged in and in which the scientific community expects breakthrough ideas and successes from him.
Keywords: military legal knowledge; scientific rationality; international legal norms; transformation of the world order; changes in the international legal order; challenges and threats; international humanitarian law; national security; international military cooperation; military medicine; biographical approach; humanism; professionalism.
2. V.I. Lenin Military Academy – Military Institute of the Ministry of Defense of the USSR (Russia) – Military University of the Ministry of Defense of Russia (1956-2020): in search of a third paradigm of military law.
A.V. Kudashkin, 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
Annotation: The article continues a series of articles on the history of the theory of military law in Russia and covers the period from 1956 to 2020. The genesis of the search for an answer to the most important question is shown: what are the proofs of the independence of the branch of military law? The period under study did not provide an answer to this question, but it created the necessary prerequisites for the final solution of the scientific problem – the formation of the theory of military law, which legal scholars have been working on for almost 150 years.
Keywords: military law, history, theory of military law, branch of law.
3. Objective prerequisites for the formation of the science of military law.
Kudashkin V.V., State Secretary of JSC Rosoboronexport, Chief Researcher of the Civil and Business Law Sector of the Institute of State and Law of the Russian Academy of Sciences, Honored Lawyer of the Russian Federation, Doctor of Legal Science, opklex@mail.ru
Abstract. The pre-Petrine period was characterized by the absence of a scientific environment. The social environment was archaic and the corresponding level of scientific knowledge fully ensured the existence of such an environment. The origins of the science of military law go back to the transformative, including legislative, activities of Peter I. The work on the creation of military legislation was of a scientific, research and legal nature. This activity created the prerequisites for the formation of a legal scientific environment. The formation of Russian military legislation proceeded in three directions: military-criminal, military-procedural, military-administrative laws. The formation of the legislative base, which is simultaneously an empirical basis for legal research, based on the objective needs of the state in the formation of its military organization, naturally predetermined three key areas of legal research in the subsequent three centuries ahead, which are currently sub-branches of the science of military law.
Key words: military law, science, military organization, laws, Peter I, military administrative law, codification, research, army, navy
4. On the issue of separating the sub-branch of military information law in the system 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: In the article, the author substantiates the need to separate the sub-branch of military information law in the system of military law. In particular, the author notes that in modern conditions of rapid development of information technologies, issues of legal support for information security, the use of information technology and information-psychological effects for military purposes, and the "digitalization" of military accounting are becoming particularly relevant for achieving victory in a military conflict, and in peacetime - ensuring an adequate level of military security. Of the Russian Federation. In the author's opinion, the achievement of these goals will be facilitated by the separation of the sub-branch of military information law in the system of military law. The named sub-branch of military law, in the author's opinion, corresponds to all the features of the sub-branch of law established in the theory of law.
Keywords: military law, military information law, information space, theater of military operations, information technology impact, information and psychological impact, military accounting, branch of law, sub-branch of law, legal institute, information technology, military conflict, military security.
5. Ensuring the territorial integrity of the Russian Federation as a task of 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
Skulakov R.M., Candidate of Law, Associate Professor, opklex@mail.ru
Annotation. Based on an analysis of international and domestic law, the article substantiates the thesis that after the Donetsk and Lugansk People's Republics, the Zaporizhia and Kherson regions joined the Russian Federation, the nature and focus of the special military operation that Russia has been conducting since February 24, 2022, along with its original goal of protecting the Russian—speaking population, have significantly changed. Ukraine through the denazification and demilitarization of this state — from October 2022. No less important was its task to restore the territorial integrity of the Russian Federation within its new state borders, defined by the Constitution of the Russian Federation. This is due to the fact that with the entry of new regions into Russia, part of the territory of these regions, which de jure became part of the Russian Federation, was de facto under the control of the armed forces of Ukraine. Therefore, one of the primary tasks of the special military operation is currently to restore the territorial integrity of Russia and ensure its sovereignty in all new territories within their administrative borders and the new State border of the Russian Federation with the adjacent territories of Ukraine.
Keywords: special military operation; territorial integrity; sovereignty; state border.
6. The concept of «special military operation» and its implications for the legal regulation of the activities of the military police of the Armed Forces of the Russian Federation.
Mintyagov S.A., lawyer, opklex@mail.ru
Abstract. The article analyzes the concept of «special military operation» and its impact on the legal regulation of the military police of the Armed Forces of the Russian Federation. The author examines the features of the legal status of a special military operation, identifies gaps and conflicts in the regulatory framework related to the activities of the military police in these conditions. Based on the analysis of current legislation and law enforcement practice, possible ways to improve the legal support of the military police in the context of special military operations are proposed, aimed at improving the effectiveness of its functioning and ensuring legality.
Keywords: military police, special military operation.
7. Legal characteristics and problematic aspects of organizing the accreditation of military doctors in the Russian Federation.
Nikolaev K.N., MD, assistant to the head of the Main Military Clinical Hospital Russian National Guard Troops for scientific and methodological work, opklex@mail.ru
Zemlin A.I., doctor of law, candidate of philosophy, professor, honored scientist of the Russian Federation, researcher, prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, head of the Department of Human Rights of the Russian State Social University (RGSU), opklex@mail.ru
Naumov P.Yu., candidate of pedagogical sciences, assistant to the head of the Main Military Clinical Hospital Russian National Guard Troops for legal work, Federal State Budgetary Institution «National Medical Research Center for Therapy and Preventive Medicine» of the Ministry of Health of the Russian Federation, Senior Researcher, Department of Scientific and Strategic Development of Primary Health Care, opklex@mail.ru
Abstract. The article examines the substantive characteristics of the normative legal regulation of accreditation of military doctors in the Russian Federation. Particular attention is paid to the legal basis and specifics of the medical activities of a military doctor, the peculiarities of the performance of military service duties to provide medical care in peacetime, during armed conflicts, the fight against terrorism and extremism, emergency situations, solving problems of maintaining international peace and security outside the Russian Federation. The current procedure for the primary and periodic accreditation of specialists with medical or pharmaceutical education is described. The problematic aspects of the organization and implementation of periodic accreditation of military specialists of the Armed Forces of the Russian Federation, other troops, military formations and bodies related to accreditation in related medical specialties are considered. Ways to improve the legislation in the field of primary and periodic accreditation of specialist doctors from among military doctors are proposed. The main scientific results of the study can be used in the training of medical personnel and in the activities of accreditation commissions.
Keywords: medical activity; medical care; educational qualification; level of education; additional professional education; accreditation; accreditation commission; primary accreditation; periodic accreditation; military legal research; medical law.
8. What kind, if not peaceful?
Zhabrovskiy R.A., lawyer, opklex@mail.ru
Abstract. In this article, the author analyzes judicial practice in the context of a special military operation. The author concludes that the conclusions of the judicial authorities in some categories of cases are contradictory, which creates prerequisites for the establishment of legal uncertainty. The author suggests ways to solve the identified problems by making changes to the legislation.
Key words: military man, military service, conclusions of the courts, special military operation
9. On some current issues of confirming periods of military service.
Titovv V.V., legal adviser to the military unit, lieutenant colonel of justice, opklex@mail.ru
Abstract. The article examines certain problematic issues of an organizational-legal and legal-technical nature related to the need for military personnel and citizens discharged from military service to submit to authorized bodies legally significant documents confirming periods of military service, necessary for the implementation of rights to receive social guarantees.
Keywords: military personnel, militaryservice, workrecord, workactivity, pensionprovision, socialguarantees.
10. One-time monetary remuneration for the conscientious performance of official duties based on the results of the calendar year.
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 provides a comparative legal analysis of the legal regulation of one-time monetary remuneration for the conscientious performance of official duties based on the results of a calendar year paid to employees in a number of federal executive authorities that provide for military service, identifies problems with its interpretation and suggests ways to eliminate them.
Key words: one-time monetary remuneration, official salary, employees, military units, dismissal.
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 Nuremberg Tribunal and its Legacy in the Context of Responsibility of Military-Political Alliances in Contemporary International Law.
Kholikov I.V., Chief Researcher of the Center for International Law and Comparative Legal Research of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor of the 25th Department of the Military University of the Ministry of Defense of the Russian Federation, Doctor of Law, Professor, opklex@mail.ru
Baimyshev V.G., Master's student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Annotation. The article examines the history and significance of the International Military Tribunals (IMTs), which were formed to prosecute individuals guilty of war crimes and crimes against humanity. The article emphasizes the importance of the Nuremberg Trials and its founding documents for international law, which laid the foundation for the emergence of new customary law norms on international responsibility. A comparative legal analysis of the conditions for the creation and operation of international tribunals is conducted to determine their legitimacy.
Particular attention is paid to the issue of establishing special IMTs to investigate the actions of military-political alliances, which, in the author's opinion, will eliminate the current gaps in international law in regulating the responsibility of collective entities during military operations.
The article concludes with a discussion of the role of international military tribunals in the development of international law and their impact on strengthening the rule of law.
Keywords: international law, international military tribunals, international organizations, military-political alliances.
13. The principle of demilitarization of outer space and the realities of military space activities.
Plaksa V.N., PhD in Law, Senior Researcher at the Scientific Research Center (Military Applied Research) Military University, opklex@mail.ru
Annotation. The implementation of the principle of demilitarization of outer space does not exclude military space activities within certain limits. The use of space communication systems, navigation, and meteorological support for military purposes is legitimate; the use of military personnel to conduct research for peaceful purposes. But there are also other types of military space activities that are not regulated by international legal norms. The author raises the question of how to find the right balance of interests that would take into account the sovereign right of the state to security, its military space activities and guarantee the preservation of outer space as a common heritage of mankind.
Keywords: military space activities; the principle of demilitarization of outer space; subjects of military-space legal relations; international space law.
14. International legal regulation of the transfer of military technologies at the bilateral level on the example of Russian-Indian intergovernmental agreements.
Karavaev M.V., opklex@mail.ru
Abstract. The article is devoted to identifying key trends in the international regulation of military technology transfer at the bilateral level based on intergovernmental agreements between Russia and India. The article concludes that bilateral agreements as sources of specific (particular) norms reflect the development level of bilateral relations in a particular sphere. In the case of Russian-Indian relations, such agreements can be divided into "general" and regulating the implementation of specific military technology transfer projects.
Key words: international regulation, military-technical cooperation, arms trade, technology, intellectual property, particular norms
15. International military cooperation as a means of dialogue between civilizations in the context of global cultural-historical confrontation.
Naumova T.Yu., postgraduate student of the Department of International Law, Federal State Research University «Institute of Legislation and Comparative Law under the Government of the Russian Federation», opklex@mail.ru
Abstract. The modern world order and the transforming international legal order are characterized by an unstable state, which is determined by a number of objective and subjective reasons. There is a reassessment of the values of the multipolar world under the influence of the collective West towards the formation of a unipolar world, which is associated with a decrease in the role of international organizations in world politics, the introduction of unprecedented and illegal sanctions against the Russian Federation, the desire of one state to use the norms of international law for its own purposes or ignore them, attempts to build a structure of international relations based not on law, but on unilateral rules that change according to interests.
The article is devoted to a comprehensive understanding of the aspects and problematic issues of international military cooperation, as a relevant and modern way of dialogue between civilizations. In the context of the formation of a new world order, international military cooperation becomes the foundation for maintaining beneficial, mutually respectful and promising relations between states in terms of peaceful interaction. In this regard, the desire for international and national security becomes the basis for international military cooperation, both in relation to the Russian Federation and in relation to other countries.
Keywords: international military cooperation, international law, military-legal studies, civilizations, challenges and threats, security, dialogue of civilizations, OON, national security, struggle for peace.
16. 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., PhD in 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.
17. Counterfeit and falsification: legal aspects.
Peregudova N.V., Head of Department, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Gavryushenko V.P., Head of the Research Sector of the Federal State Budgetary Institution VNIIPO of the Ministry of Emergency Situations of Russia, opklex@mail.ru
Volochenkova 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
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.
18. On measures to train personnel for the needs of the military-industrial complex.
Arakelyan K.E. Advisor to the General Director of RT-Techpriemka JSC, opklex@mail.ru
Abstract: The trend of development of the military-industrial complex is closely related to the effectiveness of providing the necessary personnel to enterprises. Currently, defense industry enterprises are experiencing a shortage of personnel. The article provides a mechanism for solving this issue, taking into account interaction with national educational institutions.
Keywords: military-industrial complex, personnel, training, criteria, accreditation.