THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10

  ISSUE CONTENTS: 

  

1. Тeacher, educator, mentor, father of Russian legal culture, and outstanding lawyer: Doctor of Law Viktor Petrovich Salnikov turns 80 today.

Zubarev N.V., Candidate of Law, Head of the Methodological Department of the Educational and Methodological Center of the Military Order of Zhukov Academy of the National Guard of the Russian Federation, opklex@mail.ru

 Abstract: The article is dedicated to the anniversary of the outstanding Russian legal scholar, Doctor of Law, Professor, Academician, Honored Scientist of the Russian Federation, Honorary Employee of the Internal Affairs Bodies, Honorary Worker of Higher Professional Education of the Russian Federation, long-term member of the expert council of the Higher Attestation Commission, founder and first head of the St. Petersburg University of the Ministry of Internal Affairs of Russia, chairman of the dissertation council 16.2.001.03, created on the basis of the Military Order of Zhukov Academy of the National Guard Troops of the Russian Federation, Lieutenant General of Police Viktor Petrovich Salnikov.

Keywords: V.P. Salnikov, philosophy of law, history of legal doctrines, theory of state and law, jurisprudence, legal sciences, first university of law enforcement agencies, dissertation councils, legal culture, legal security, legal education, anniversary.

 

2. The fourth dimension of combat: information and psychological warfare and the mechanisms of legal protection for troops in the 21st century.

Sibileva O.P., Candidate of Legal Sciences, Master of Psychology, opklex@mail.ru

Abstract. The article examines and analyzes the objective processes transforming the nature of modern armed conflicts: the shift from the classic physical destruction of the enemy to the struggle for moral and psychological superiority (‘the fourth dimension of combat’) and the emergence of a new psychological reality for military personnel as a consequence of the widespread use of UAVs (including FPV drones) and satellite surveillance tools. A hypothesis is put forward that ‘defeating the enemy’s manpower is archaeology,’ while crushing psychological strength is a modern strategy, as confirmed by current military and political events.

Keywords: network and hybrid wars, military personnel, information and psychological warfare, UAVs, legal protection.

 

3. Legal Regulation of the Use of Troops of the National Guard of the Russian Federation in Armed Conflicts: Problem Statement.

I.V. Kholikov, Doctor of Law, Professor, opklex@mail.ru

A.A. Khanzhin, Adjunct at Military University, opklex@mail.ru

Abstract. This article addresses the issue of military legal understanding of the legal regulation of the use of troops of the National Guard of the Russian Federation in armed conflicts. The functions of these troops during their use in combat operations, military and armed conflicts are discussed, and gaps in the legal regulation of personnel participation in armed conflicts are highlighted. Prospects for further scientific research and the application of the results of this study in the research and teaching processes of military universities are outlined.

Keywords: military conflict; social dynamics; participation in military operations; armed conflict; military-legal mechanisms; social and humanitarian knowledge.

 

4. Key stages and promising areas for improving the international legal regulation of modern armed conflicts at sea.

Zhevnovaty S.V., Vice-Rector's Office, Lomonosov Moscow State University, opklex@mail.ru

Abstract. This study explores ways to improve the international legal regulation of modern armed conflicts at sea, revealing the key stages and areas of such improvement in the military legal context. The paper explores the key stages and promising areas for improving the international and military legal regulation of modern armed conflicts at sea from substantive and functional perspectives, and proposes conceptual approaches to their military legal analysis. The study's procedures and key findings may be of interest to service members of the Russian Navy and other armed forces, diplomats, military law researchers, cadets and adjuncts of military (naval) universities, and researchers studying international humanitarian law.

Keywords: Conflicts at sea, hybrid confrontation, law of armed (military) conflicts, military-political alliances, international legal regulation, military-legal knowledge, indiscriminate weapons, maritime zones and waters.

 

5. Legal relationships of military medical expertise and other types medical examinations performed in the Russian Federation.

Naumov P.Yu., Candidate of Pedagogical Sciences, Lieutenant Colonel of Justice, Assistant to the Head of the Federal State Healthcare Institution «Main Military Clinical Hospital of the Troops of the National Guard of the Russian Federation» for legal affairs, Senior Researcher of the Department of Scientific and Strategic Development of Primary Health Care of the Federal State Budgetary Institution «National Medical Research Center for Therapy and Preventive Medicine» of the Ministry of Health of the Russian Federation, opklex@mail.ru

Abstract. This article examines the legal relationship between military medical examinations and other types of medical examinations conducted in the Russian Federation. It examines how military medical examinations seamlessly integrate with flight medical examinations, as well as their connections with other medical examinations – temporary disability examinations, medical and social examinations, forensic medical and forensic psychiatric examinations, professional suitability examinations, examinations of the relationship between illness and profession, and examinations of the quality of medical care. Cases are presented in which military medical examinations utilize the results and conclusions of other medical examinations conducted on citizens. Current legal frameworks governing the subject of this study are examined, revealing the connections and relationships between military medical examinations and medical examinations of patients.

Key words: protection of public health, medical examination, military medical examination, medical examination, fitness category, causal relationship, injury (wound, trauma, contusion), disease, causal relationship, cause of disability, military service.

 

6. The role and place of the National Guard in the system of ensuring state and public security.

Shenshin V.M., PhD in Law, Associate Professor, Associate Professor of the Department of Ecology and Life Safety at the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Abstract: The National Guard Troops are organically part of the Federal Service of the National Guard Troops of the Russian Federation and are one of the main components of the system for ensuring state and public security in the Russian Federation. The author's approach explains the relevance of the study by the fact that among law enforcement agencies, only the National Guard Troops are designed to ensure state and public security, while other agencies are responsible for ensuring one of the types of national security. The Troops occupy an important place in the overall system of state agencies designed to strengthen the country's security, law and order, and defense capabilities, and serve as an important guarantor of the rule of law, the protection of citizens' rights and freedoms, and sovereignty. Their combat activities contribute to the fulfillment of internal tasks.

Keywords: Rosgvardia; National Guard Troops; State and Public Security.

 

7. Military-patriotic education of military personnel within the mechanism for ensuring military security and defense capability.

Zakomoldin R.V., PhD in Law, Associate Professor, Leading Researcher at the Department of Scientific Support for Prosecutorial Supervision and Strengthening the Rule of Law in the field of Federal security, Interethnic Relations and Countering Extremism, Research Institute of the University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Annotation. The article analyzes the military-patriotic education of military personnel as a specific category of the population tasked with ensuring the state's military security and defense capability. Military-patriotic education is viewed as a component of state-patriotic education, which, in turn, is part of patriotic education. The article concludes that it is necessary to enact a specific law on patriotic education and integrate it into the existing legal framework.

Keywords: patriotism, patriotic education, state-oriented patriotic education, military-patriotic education, military service, military personnel, military security, defense capability.

 

8. Internship in the field of labor: prospects for application in military units.

Zaykov D.E., Associate Professor, Department of Legal Theory, Civil Law, and Civil Procedure, Law Institute, Russian University of Transport, Associate Professor, and Candidate of Legal Sciences, opklex@mail.ru

Annotation. The article analyzes the specifics, content, and prospects of a new institution in labor law – internships in the field of labor; it identifies the problems related to its legal regulation and practical application, including those taking into account the specific features of the legal status of employees of military units and organizations subordinate to the Ministry of Defense of the Russian Federation.

Key words: internship in the field of labor, mentoring, employment contract, probationary period, employees, military units.

 

9. Military-criminal aspects of qualifying features in the system of differentiation of voluntary capture.

Kamelskaya E.K., military training center at the Federal State Budgetary Educational Institution «Russian State Unitary Enterprise named after V.M. Lebedev», opklex@mail.ru

Korchemkin M.E., Head of the educational unit - Deputy Head of the Department of Organization of Military Legal Activities of the military training center at the Federal State Budgetary Educational Institution «Russian State Unitary Enterprise named after V.M. Lebedev», opklex@mail.ru

Annotation. The current provision of the criminal law prohibition provided for in Article 352.1 of the Criminal Code of the Russian Federation does not contain a system of qualifying criteria differentiating responsibility depending on the circumstances of committing a crime against the order of military service during special periods. Based on the military criminal doctrine, historical, legal and comparative legal analysis of crimes against military service, the necessity of making changes to the current legal norm establishing criminal liability for voluntary surrender is justified by adding its qualifying features.

Keywords: voluntary surrender, qualifying features, group of persons, commander (chief), with weapons, special periods

 

10. Specific Features of the Criminal Law Qualification of Attacks on Fuel and Energy Complex Facilities Significant for Ensuring the Economic Security and Defense Capability of the Russian Federation.

Povarov N.A., Junior Research Fellow at the Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru

Abstract: The article is devoted to the study of the features of the criminal qualification of attacks on objects of the fuel and energy complex, which are important for ensuring economic security and defense capability of the Russian Federation. The relevance of the study is due to the introduction of amendments to Articles 205 and 281 of the Criminal Code of the Russian Federation, which have strengthened the criminal protection of facilities of the fuel and energy complex, as well as an increased number of attacks on energy infrastructure. Based on the analysis of criminal legislation, judicial practice and scientific research, the problems of defining objects of the fuel and energy complex as the subject of criminal encroachment are considered, the features of distinguishing between a terrorist act, sabotage, crimes against critical information infrastructure and other related crimes are revealed. Special attention is paid to the purpose of the crime as the main criterion for distinguishing socially dangerous acts, as well as to the issues of qualification in the presence of signs of a combination of crimes. It is proved that the belonging of the facility to the fuel and energy complex in itself does not form the basis for qualifying the act under Articles 205 and 281 of the Criminal Code of the Russian Federation and should be assessed in relation to the functional significance of the facility for ensuring economic security and defense capability of the Russian Federation, as well as with the direction of the intent of the person.

Keywords: sabotage, terrorist act, fuel and energy complex facilities, criminal law qualification, economic security, defense capability of the Russian Federation, attacks on fuel and energy complex facilities, crimes against the foundations of the constitutional order, crimes against state security, criminal law, cyberattacks.

 

11. Military-innovation contractual regime in the state defense order system: concept, structure and criteria for its distinction.

Yuritsyna Yu.K., junior research associate, Military University, opklex@mail.ru

Annotation. The article further develops the author’s previously proposed concept of a military-innovation contractual regime as applied to innovation-oriented relations within the State Defense Order system. It is argued that this concept does not constitute an independent type or kind of civil-law contract, but characterizes a special framework of contractual legal regulation that may be doctrinally distinguished in relation to legal relations combining the public objective of ensuring the defense and security of the Russian Federation with an innovation-oriented character reflected in the creation of a scientific and/or scientific-and-technical result and its subsequent practical application, implementation or use. The article develops a system of criteria for distinguishing the military-innovation contractual regime, comprising three interrelated groups – purpose-and-object-related, organizational-and-legal, and dynamic – and seven specific criteria: purpose-related, object-related, subject-related, intellectual-property-related, informational, risk-related and stage-related. A structural model of the regime is proposed, based on the distinction between a stable (invariant) core and a variable component. The military-innovation contractual regime is positioned as a functional specialization of contractual legal regulation within the broader legal regime governing relations in the State Defense Order sphere. The article also formulates the principle of functional-stage differentiation, according to which the composition and correlation of the applicable contractual legal instruments are determined not only by the contractual structure employed, but also by the functional purpose of the relevant stage of creating and subsequently applying, implementing or using a scientific and/or scientific-and-technical result. The proposed framework may serve as a theoretical and applied basis for the legal qualification and assessment of innovation-oriented contractual relations within the State Defense Order system.

Keywords: State Defense Order; military-innovation contractual regime; contractual legal regulation; state contract; innovation-oriented relations; scientific and/or scientific-and-technical result; results of intellectual activity; research and development; stable (invariant) core; variable component; functional-stage differentiation.

 

12. Ecological threat as a factor in the transformation of the architecture of collective security in the space of the organization of the treaty on collective security.

Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Defense Industry Complex, Chief Researcher at the Institute of State and Law of the Russian Academy of Sciences, Doctor of Legal Sciences, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru

Kamyshansky D.Y., lecturer at the Department of Legal Support for National Security, Legality, and Law and Order of the Institute of Law and National Security of the Russian Presidential Academy of National Economy and Public Administration, member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization, opklex@mail.ru

Abstract. The article continues the study of modern threats and is devoted to the process of integrating the environmental agenda into strategic planning and practical activities of the CSTO.

Keywords: Collective Security Treaty Organization, environmental threat, collective security.

 

13. Civil Society in Russia: What Does the U.S. Military Courts Have to Do with It?

Aulov V.K., Researcher of the Research Department of the Military University of the Ministry of Defense, Candidate of Law, Associate Professor, Associate Professor of the Department of Judicial and Law Enforcement Activities of the Russian State University of Justice named after V.M. Lebedev, opklex@mail.ru

Abstract: The paper argues that according to the American constitutional doctrine, civil society is organized and functions on the basis of the principle of separation of powers. In its opposite, the armed forces, the principle of separation of powers does not apply.

This circumstance subordinates the principle of unity of command and establishes the military security of the United States as the primary value of American society. This approach fully justifies the reduction of procedural guarantees for participants in the jurisdictional procedure for the criminal prosecution of military personnel and compensates for the negative consequences of the separation of society in the American model of separation and interaction of powers into its "Civil" and "Military" parts.

Keywords: civil society, military justice in the United States, principle of separation of powers, principle of unity of command, judicial practice of the Supreme Court of the United States, organization of military judicial bodies in the United States, military security, primary value of society.