THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1
ISSUE CONTENTS:
1. Military law: statement of the problem and solutions.
Savenkov A.N., Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Director of the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Kudashkin A.V., Doctor of Law, Professor, Head of the Military Law Department of the Academy of Military Sciences, opklex@mail.ru
Abstract. The article considers the historical background of the formation and stages of development of Military Law as an independent branch of the Russian legal system. The first sources of Russian Military Law date back to the X century; the first works on the theory of Military Law in Russia - to the second half of the XIX century. Military Law received a powerful development in the early 40 - 50s of the XX century. However, the final formalization of Military Law as an independent branch of law is associated with the formation of the modern system of law in Russia and the ongoing geopolitical events in the world.
The content of a specific separate subject and an independent method of legal regulation is revealed. Marked expansion of the subject of legal regulation due to the emergence of new types of armed conflicts, expanding its membership, the development of new weapons systems, the application of which is not governed by law. The “core” of the subject of Military Law is relations within the framework of the law of armed conflict, based on the norms of International Humanitarian Law, implemented in the Russian legal system.
The article concludes that Military Law is a historically established branch of Russian law that regulates relations in the field of military activities of the state, which has a specific separate subject and method of legal regulation.
Key words: war, armed conflict, Military Law, prerequisites and genesis of Military Law, subject and method of legal regulation, branch of law, law of armed conflicts, International Humanitarian Law, combatants, non-combatants, sources of Military Law.
2. 150 years of academic traditions military legal science in Russia.
(from the book "With Faith in Law: Institute of State and Law of the Russian Academy of Sciences 100 years" under the general editorship. Academician of the Russian Academy of Sciences A.N. Savenkova. Moscow: IGP RAS, 2026)
Abstract: the study is devoted to the emergence of the science of military law, the emergence of systematic military-legal research, which contributed to the formation of military-legal science in Russia.
Keywords: military law, military legal science, academic traditions, Alexander Military Law Academy, Red Army Military Law Academy, Institute of State and Law of the Russian Academy of Sciences.
3. The emergence of military legal science 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 IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Abstract: Based on archival data from the Russian State Military Historical Archive, the article explores the hitherto unknown stage of the emergence of military legal science in Russia, associated with the Minister of War of the Russian Empire, D.A. Milyutin, and his appointed head of the Military Law Academy, P.O. Bobrovsky.
Keywords: military law, military legal science, P.O. Bobrovsky, Minister of War D.A. Milyutin.
4. P.O. Bobrovsky (1832-1905) was an outstanding founding scientist military legal science in Russia.
Malikov S.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Abstract: The article reveals the contribution of an outstanding scientist and organizer of science to the creation of highly professional military legal education and science in Russia, his personal contribution to the development of the science of military law.
Keywords: military law, military law science, Alexander Military Law Academy, Bobrovsky Pavel Osipovich.
5. Alexander Military Law Academy: scientific and personnel legacy.
Reshetov G.A., Deputy Ataman of the All-Russian Cossack Society for Education, patriotic education, interaction with religious organizations and the development of Cossack culture, Candidate of Law, Associate Professor, Department of Theory and History of State and Law, Military University Ministry of Defense of the Russian Federation, opklex@mail.ru
Chekmarev G.F., opklex@mail.ru
Annotation. The article examines the process of formation and development of the system of military legal personnel training in the period from 1719 to 1918. The emphasis is placed on little-known pages from the history of the Alexander Military Law Academy, the organization and principles of which were borrowed during the creation of the Red Army Military Law Academy (1939-1956), and the traditions are continued by the military law department of the Military University.
Keywords: Audit school; military justice; military judicial reform; Military Law Academy; Military University; military law; military education.
6. Contribution of the military law section of the institute of law of the USSR academy of sciences to the creation of the theory 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 activities of the military law section of the Institute of Law of the USSR Academy of Sciences in the 1930s and 1940s, and concludes that this section made an invaluable contribution to the development of the theory of military law, as well as its sub-branches: military criminal, military administrative, military judicial, and the law of military conflicts. The article notes that the activities of the military legal section significantly intensified during the Great Patriotic War, due to the needs of the state in legal research related to the regulation of military relations during military conflicts. In conclusion, the author comes to the conclusion that the rich scientific heritage of the military law section of the Institute of Law of the USSR Academy of Sciences should be subjected to a deep scientific understanding in order to develop modern military law science.
Keywords: military law science, military law section, Institute of Law, Academy of Sciences of the USSR, military law, military administrative law, military criminal law, law of military conflicts, military judicial law, the Great Patriotic War, branch of law, sub-branch of law.
7. The theory of military law is the core of military legal science: paradigmatic genesis.
Kudashkin V.V., Doctor of Law, Honored Lawyer of the Russian Federation, State Secretary of JSC Rosoboronexport, Chief Researcher of the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Abstract. This article summarizes the results of a comprehensive study of the fundamental theoretical foundations of military law theory conducted in 2024-25 at the Institute of State and Law of the Russian Academy of Sciences in preparation for the celebration of the 150th anniversary of military legal science.
Key words: scientific reflection, military law, scientific paradigm, branch of law, subject of the branch of law, military art, armed confrontation
8. Genesis of the doctrine of military legislation in wartime.
Taradonov S.V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University, the professor of the Academy of Military Science, opklex@mail.ru
Annotation: The article provides a theoretical and legal analysis of the process of the emergence and development of domestic wartime military legislation, as well as an understanding of the doctrinal approaches in military law to defining its concept, place, and role in the legal system of the state.
Key words: military law, military legislation, special legal regimes, wartime, wartime military legislation, military law science, the subject of legal regulation, and trends in the development of military law science.
9. Aleksandrovskaya Military Law Academy: Contribution to the Development of Military Administrative Law.
Titov V.V., legal adviser, opklex@mail.ru
Annotation. The subject of this article is the history of the origin of military administrative law and the contribution of military jurists of the Alexander Military Law Academy to its development.
Keywords: military law Academy, military administrative law, law, science.
10. Current state and prospects of military administrative law development.
Glukhov E.A., Candidate of Law Sciences, opklex@mail.ru
Abstract: The article characterizes the current state and promising directions of the development of military administrative law, defines its role in the construction of the military organization of the state and its management. The author classifies the legal means and methods used by military administrative law, its specifics in special legal regimes, and identifies gaps and contradictions in legislation regulating the activities of military authorities and the procedure for military service.
Keywords: military law, military administrative law, military legal science, development.
11. The formation of military and social law in Russia.
Koryakin V.M., Doctor of Law, Professor, Professor at the Military University, opklex@mail.ru
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
Krasikov S.S., lawyer, opklex@mail.ru
Abstract: The article examines the genesis and current state of military-social law as a science and legal education combining legal norms that form a sub-branch of military law in Russia. The origin of the science of military and social law is associated with the name of Alexander Ertel, a teacher at the Military Law Academy; the current level of its development is associated with the name of Professor V.M. Koryakin, whose main works are used in this study. The stages of formation of scientific knowledge and legal education are shown.
Keywords: military law, military-social law, military-social policy, military budget, social guarantees, institute of the legal status of a combat veteran, special military operation.
12. Military Criminal Law as a Scientific Discipline: History and Current State.
Sharapov S.N., Professor, Department of Criminal Law, Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, Candidate of Legal Sciences, Associate Professor, Reserve Colonel of Justice, opklex@mail.ru
Abstract: This article examines the genesis, periodization, and theoretical prerequisites for the emergence of military criminal law. The significance of military criminal law for the development of military legal science is analyzed, and the criteria for the disciplinary nature of military criminal law as an academic discipline are substantiated. Particular attention is given to the under-researched issue of institutionalizing military criminal law as an academic discipline. The article examines the specific features of military criminal law and its relationship with criminal law and military law, and analyzes the current state of military criminal law and its development prospects. The author seeks to present the development of military criminal law as the result of a synthesis of a number of general, immediate, and fundamental premises. The article substantiates the proposition that the specific genesis of military criminal law as an academic discipline and its relative independence are determined by the content of the legal regulation of the criminal liability of military personnel, which cannot be fully encompassed by the general provisions of other legal disciplines (criminal and military law) and requires the formulation of independent provisions within a separate academic field. It is also noted that the issue of the academic disciplinary nature of military criminal law within the framework of military legal scholarship is currently underdeveloped.
Key words: military criminal law, military law, military legal science, science of military criminal law, military criminal law as a scientific discipline, military criminal law as an academic discipline, military criminal legislation
13. Military aspects of modern criminal procedure law.
Kachalov V.I., Head Military Training Center, Russian State University of Justice them V.M. Lebedev, Doctor of Law, Professor, opklex@mail.ru
Abstract. The article analyzes the "military" aspects of modern Russian criminal procedure law. The criminal procedure norms that regulate the specifics of criminal proceedings against military personnel are differentiated from other criminal procedure norms. It is concluded that these norms do not currently form an independent institution of criminal procedure law, but rather constitute a "military" segment that is integrated into existing criminal procedure institutions in cases of criminal prosecution of military personnel, as well as during special periods or special legal regimes.
Keywords: institute of law, criminal procedure norms, criminal procedure activities, criminal procedure legal relations, military personnel, military unit commander, military court.
14. The concept of forming a scientific school of judicial system and special periods of justice as a research program for the science of military law.
Tuganov Yu.N., Professor of the Department of Organization of Judicial and Law Enforcement Activities of the V.M. Lebedev Russian State University of Justice; Professor of the Russian Customs Academy, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Academician of the Russian Academy of Natural Sciences, opklex@mail.ru
Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities of the V.M. Lebedev Russian State University of Justice, opklex@mail.ru
Abstract: The article is devoted to substantiating the need to increase the reliability, objectivity and completeness of research on the legislative regulation of justice in the Armed Forces during special periods. According to the authors, the most effective activity in this area is possible when carrying out the scientific process within the framework of an independent research program of the science of military law.
Keywords: judicial system, judicial proceedings, judicial activity, special periods, military law, research program, military courts, justice in the Armed Forces.
15. Civil law problems of military law: evolution and directions of development.
Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru
Abstract: the article examines the civil law problems of military law, the evolution of research in this field, the main trends and directions of development.
Keywords: Legal regulation of the participation of military organizations in civil turnover, military aspects of civil law, the civil status of military units and other military organizations, the civil legal personality of military organizations, the responsibility of military organizations and military personnel, the specifics of the participation of military organizations in contractual and tort relations.
16. Problems and perspectives of scientific cognition of military aspects of international law in the new world order.
Kholikov I.V., Chief Researcher of the Center of International Law and Comparative-Legal Studies at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor of 25 Chair at Military University of the Ministry of Defense of the Russian Federation, Doctor of Law, Professor, opklex@mail.ru
Abstract. The article examines the military aspects of international law as a relevant interdisciplinary area of scientific research, closely linked in its subject matter and method to international-legal and military-legal sciences. The author substantiates the relevance of conceptual cognition of the military aspects of international law in the new world order by examining the nature of modern military confrontation and the information and telecommunications means (methods) of popularizing the use of armed violence. The methodological guidelines for scientific research and specific cognitive techniques for obtaining the main scientific results of the work are revealed. The results of a formal-logical and conceptual analysis of military problems and military aspects of international law in the new world order are presented. The main substantive components of the military aspects of international law are highlighted, the study of which has broad prospects for the development of military legal and international legal sciences. The author formulates one of the interdisciplinary directions of the passport of the scientific specialty for which academic degrees are awarded - 5.1.5 International legal sciences, closely related to the problems studied within the framework of the scientific specialty 6.3.4 Military law, which opens up serious theoretical and practical horizons for the convergence of legal knowledge in the modern scientific picture of the world.
Keywords: international law; military law; military problems of international law; military (armed) conflict; military violence; scientific specialties; passport of scientific specialty; international security; struggle for peace; social-humanitarian knowledge; justice.