THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
ISSUE CONTENTS:
1. Institute of State and Law of the Russian Academy of Sciences / Academy of Military Sciences: Proof of Fermat's "Legal Theorem" (the 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 of the IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation.
Abstract. This publication completes a series of articles on the history of the theory of military law in Russia and covers the period from 2020 to the present. In previous periods, prerequisites were created to prove the independence of the branch of military law. In 2020, the task was set to form a theory of military law and thereby solve a scientific problem that legal scholars have been working on for almost 150 years. And this task was solved by a large team of authors led by the IGP RAS and the Military Law Department of the Academy of Military Sciences.
Key words: military law, theory, history, paradigm.
2. Scientific reflection in the studies of legal processes in the military sphere of the Russian state: from dogmatics to the theory of military law of A. Ertel.
Kudashkin V.V., 2JSC Rosoboronexport, Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Abstract. The formation of objective conditions for the creation of the science of military law was laid by Peter I with the creation of military legislation, which was simultaneously the empirical basis of military legal science. He also laid the foundation for the creation of another prerequisite - the creation of a military-legal educational environment for Russian society, i.e. an institutional base (foundation), within which social processes began to occur associated with the study of the formed legal superstructure of society and the state - the military laws of Peter I. However, during the period of the transformative activity of Peter I and the following one hundred and fifty years, military legal science, as well as legal science as a whole, did not exist. Peter I created the conditions for their emergence.
By the middle of the 19th century, scientific reflection in scientific research on the legal processes of the military sphere of the Russian state, i.e. theoretical understanding of scientific military-legal reality, was formed:
on the basis of the military-legislative activity of Peter I, the codification of the military legislation of the Russian Empire (the empirical basis of military legal science), which in their essence and content were research and legal activities; the formation of scientific schools in individual areas of military legal science (military criminal law, military judicial law, military administrative law), which were formed not as a result of theoretical understanding of military legal processes, but a reflection of the most significant, objective needs of the state in creating a military organization of the state, as a necessary condition for the existence of the state itself. The first and only theorist of the science of military law in the pre-revolutionary period of the creation and development of the science of military law is Alexander Ertel.
3. On the relationship between defense and military security in the context of protection and security.
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
Abstract. The article is devoted to the analysis of the relationship between the categories of "defense security" and "military security". Their content and structure are determined. Such concepts as "military defense" and "civil defense" are also analyzed. A system of ensuring and protecting defense and defense security is built, including the military and civil spheres. Particular attention is paid to the special regulatory framework of the area under consideration, including criminal law regulation.
Keywords: military security, defense security, safety of the civilian population, defense, military defense, civil defense, volunteerism, provision, protection, crimes against military service.
4. The powers of the military police of the Armed Forces of the Russian Federation in relation to citizens staying in volunteer formations.
Mintyagov S.A., lawyer, opklex@mail.ru
Abstract. The subject of this research is an analysis of the problems of legal regulation of the powers of the military police of the Armed Forces of the Russian Federation in relation to citizens who are members of volunteer formations. The purpose of the analysis is to identify and systematize existing gaps and contradictions in the current legal regulation, followed by justification of the need for amendments and additions to the regulatory framework defining the competence of the military police in relation to this category of persons.
The study revealed the lack of a clear definition of the powers of the military police in relation to members of volunteer formations, which creates legal uncertainty and makes it difficult to implement the tasks assigned to the military police. The results of the study and the recommendations presented are of practical importance for improving the legal regulation of the military police and improving the effectiveness of legal support for military service.
Keywords: military police, authorities, and volunteer formations.
5. 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.
6. 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
7. On some current issues of confirming periods of military service.
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice, opklex@mail.ru
Abstract. The article examines certain problematic issues of 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, military service, work record, work activity, pension provision, social guarantees.
8. About some issues related to the protection of personal data of military personnel and law enforcement officers on the Internet.
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. The article discusses some issues aimed at protecting information about citizens' military service and service in law enforcement agencies. Proposals have also been made to establish responsibility for the dissemination of this information by third parties in the media and on the Internet.
Keywords: keywords: military service, law enforcement service, personal data, protection of military personnel.
9. Normative and legal dictionary of the chairman and members of the military medical (medical-flight) commission: content, meaning, value.
Naumov P.Yu., candidate of pedagogical sciences, assistant to the head of the Federal State Health Institution «Main Military Clinical Hospital of the National Guard Troops of the Russian Federation» for legal work, opklex@mail.ru
Abstract. The activities of the chairman and members of military medical (medical-flight) commissions to conduct military medical examination involve the practical use of a wide array of regulatory legal acts. This law enforcement activity is associated with the use of concepts, definitions of concepts, terms and concepts in their precise legal and medical meaning. The effectiveness, correctness and legality of the conclusions (decisions) of military medical (medical-flight) commissions based on the results of the medical examination depend on the understanding of the concepts and phrases used in the activities to conduct military medical examination. This study presents the normative and legal dictionary of the chairman and members of the military medical (medical-flight) commission in the Armed Forces of the Russian Federation, other troops, military formations and bodies, its content, composition, meaning and value for practical activities and training of medical personnel. The results of the study can be applied in practical activities on conducting military medical examination in the Armed Forces of the Russian Federation, other troops, military formations and bodies, and can also be useful in organizing the normative legal regulation of the protection of citizens' health, research in the field of military law, medical and expert law.
Keywords: medical care; forms of logical thinking; concept; content and scope of the concept; medical examination; military medical examination; medical flight examination; medical examination; medical examination; military medical commission; medical flight examination.
10. Peculiarities of the implementation of the right to housing by senior commanding officers in the troops of the National Guard of the Russian Federation.
Balchugov S.G., Candidate of Pedagogical Sciences, Deputy Head of the Department of Theory and History of State and Law, Federal State Budgetary Educational Institution of Higher Education «Novosibirsk Military Order of Zhukov Institute named after Army General I.K. Yakovlev of the Troops of the National Guard of the Russian Federation», opklex@mail.ru
Naumov D.Yu., Master's student, Federal State Budgetary Educational Institution of Higher Education «Tambov State University named after G.R. Derzhavin», opklex@mail.ru
Roshchin S.R., Candidate of Legal Sciences, Senior Officer of the Department, Contractual and Legal Department of the Federal Service of the National Guard Troops of the Russian Federation, opklex@mail.ru
Abstract. The article considers the features of providing a one-time social payment to persons serving in the troops of the National Guard of the Russian Federation and holding special police ranks from among the senior command staff. The legal structure of the norms that enshrine the possibility of a special procedure for their housing provision based on the specifics of the tasks being solved is studied in order to take into account the specifics of the professional and official activities of such employees and increase their motivation for the effective performance of their official duties by decision of the authorized person. A brief comparative analysis is carried out with the right of military personnel serving under a contract to receive a subsidy for the purchase or construction of housing. Special conditions for providing a one-time social payment to senior command staff are disclosed. Proposals are put forward to improve the normative legal regulation in this area. Scientific developments summarized in the article can be useful for the teaching staff of military educational organizations of higher education, researchers and other researchers of military law.
Keywords: social guarantees; right to housing; one-time social payment; persons serving in the troops of the National Guard of the Russian Federation and holding special police ranks; priority; material incentives; special procedure; transitional provisions.
11. Protection of the rights of military personnel as consumers of goods and services.
Lopatin S.A., Dr. of Sci. (Med.), Professor, retired Colonel of the Military Service, Senior Researcher of the State Scientific Research Test Institute of the Military Medicine, St, Petersburg, opklex@mail.ru
Zobov A.E., Candidate of Medical Sciences, Associate Professor, Lieutenant colonel of the Military Service, Deputy Head of the Department of General and military epidemiology, Military Medical Academy named after S.M. Kirov, St. Petersburg, opklex@mail.ru
Bokarev M.А., Candidate of Medical Sciences, Associate Professor, Colonel of the Military Service, Deputy Head of the Department of General and Military Hygiene, with a course in naval and radiation hygiene, Military Medical Academy named after S.M. Kirov, St. Petersburg, opklex@mail.ru
This article examines the problematic issues of legal regulation of consumer rights of military personnel, citizens discharged from military service, and members of their families, as well as proposals for further reform of acts containing norms and provisions on the protection of their rights as consumers, and intended to manage these rights in the general context of socially significant goals.
Key words: rights, federal laws, military personnel, family members of military personnel, consumers, goods, services.
12. On some issues of legal regulation of social protection of citizens involved in the protection of the state border of the Russian Federation on a voluntary basis.
Pichugin D.G., candidate of legal sciences, opklex@mail.ru
Annotation. The article outlines the problems of social and legal protection of citizens involved in the protection of the state border on a voluntary basis. The author substantiates the conclusion that the existing approaches to the legal regulation of public relations in the designated area do not fully meet the goals of involving citizens in ensuring national security in the border area and require improvement. Specific proposals are being formulated to amend the current legislation regulating the social and legal protection of citizens in this category.
Keywords: state border, citizens involved in the protection of the state border, boundary space, social and legal protection.
13. Improving the criminal law protection of the National Security of the Russian Federation (scientific and Practical commentary to the Federal Laws "On Amendments to the Criminal Code of the Russian Federation and Article 31 of the Code of Criminal Procedure of the Russian Federation" dated April 21, 2025 No. 90-FZ and "On Amendments to Article 205.6 of the Criminal Code of the Russian Federation" dated April 21, 2025 April 2025, No. 102-FZ).
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 newly adopted Federal laws, according to which Articles 104.1, 205.6, 280.3, 284.2, 284.3 of the Criminal Code of the Russian Federation were amended to improve the effectiveness of the criminal law mechanism for protecting the national security of the Russian Federation. The author identifies the positive and negative sides of the changes in criminal legislation.
Keywords: criminal law; criminal liability; crimes against State authority; crimes against the foundations of the constitutional order and State security; discrediting the use of the Armed Forces of the Russian Federation; calls for restrictive measures; assistance in the execution of decisions of international organizations; confiscation of property, failure to report a crime.
14. Ensuring nuclear security: main threats, current trends and conceptual generalizations of its international legal mechanism.
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. Nuclear security has remained a critical issue since the first atomic developments. The peaceful atom and nuclear weapons have created a unique paradox: a powerful tool for development and, at the same time, a constant threat to humanity's existence that requires a dramatic international response. This dilemma has become particularly acute in the 21st century, when new global threats - from digital attacks on nuclear infrastructure to environmental disasters - dictate the need for: the development of innovative approaches to security; significant investments in defense systems; and strengthening international cooperation.
The article addresses the following research tasks: analysis and classification of modern threats to nuclear security; study of the genesis and transformation of international legal regulation in this area; conceptualization and clarification of the terminological apparatus related to nuclear security mechanisms.
Keywords: international relations, international treaties, international security, legal regulation, international legal mechanism, nuclear safety, nuclear weapons, threats and challenges, crisis trends, nuclear terrorism
15. On the new Federal Law "On territorial defense" of Russia.
Nemchenko S.B., PhD in Law, Associate Professor, Head 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, Army General E.N. Zinichev, opklex@mail.ru
Zozulya A.A., Candidate of Law, 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, opklex@mail.ru
Abstract. In the article, the authors substantiate the need to develop and adopt a new Federal Law of the Russian Federation "On territorial defense". Such a proposal is in line with the current legal policy of the CIS Interparliamentary Assembly; since 2024, a model CIS law "On territorial defense" has been developed. The authors analyze the relationship between territorial and civil defense. The authors formulate the range of issues that the draft law should regulate. The authors analyze the laws on territorial defense of various states, formulate the conditions for the draft law under which territorial defense begins (the actual start of military operations or a declaration of war). The authors analyze regulations that use the term of the law describing irregular military formations involved in territorial defense. The authors formulate a new definition of such formations to be enshrined in the draft Federal Law "On Territorial Defense" of Russia.
Key words: legal regulation, subject of regulation, martial law, territorial defense, civil defense, irregular formations.
16. Legal framework for countering terrorism.
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: Countering terrorism in modern Russia is becoming increasingly relevant. The events taking place in Russia on an almost daily basis emphasize the importance of countering these negative actions. This study raises a range of issues that need to be resolved. Attention is drawn to the block of criminal law measures providing for criminal liability for terrorist crimes. The features of international cooperation are considered.
Key words: counter-terrorism, national security, criminal law, National Guard troops.
17. Review of the monograph «Shenshin V.M. National Guard of Foreign Countries: Monograph».
Kaynov V.I., Doctor of Law, Professor of the Department of State and Legal Disciplines of the North-West Branch of the Federal State Budgetary Educational Institution of Higher Education “Russian State University of Justice” named after V.M. Lebedev, opklex@mail.ru
Abstract: a brief review of the monograph of Candidate of Legal Sciences, Associate Professor Shenshin Viktor Mikhailovich is given.
Keywords: National Guardtroops; Statesecurity; publicsafety; National Guard; Rosgvardiya.
18. 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.
19. 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.
20. Information security of military-industrial complex organizations: issues of theory and practice.
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
Abstract. Some issues related to ensuring the information security of organizations in the military-industrial sector are being investigated from the standpoint of legal theory, current legislation, and specific regulations in this area. Based on the analysis of current applicable laws, theoretical legal approaches, and materials from judicial practice, it has been concluded that there is a need to review current legislation in order to establish more stringent restrictions on access to specific information for organizations in the military-industrial complex.
Keywords: Military-industrial complex, security, information security, organization, legal regulation, supervisory activities