THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
ISSUE CONTENTS:
1. On the institutionalization of military justice: comparative legal aspects.
A.G. Vorobyev, the PhD in Law, Associate Professor, opklex@mail.ru
Abstract: the article analyzes the characteristics of the concept of freedom through the prism of legal regulation in relation to the conditions of military service. The author considers the category of freedom as the right to dispose of one's subjective rights at one's discretion within the boundaries established by the legal system. The State establishes prohibitions and restrictions for various categories of citizens and for various legal regimes, including military personnel, in constitutionally significant cases. The author identifies precisely those restrictions of freedom that are characteristic of military personnel. It is concluded that restrictions on the rights and freedoms of military personnel must meet the criteria of legality, proportionality, non-discrimination, as well as a balance between the interests of the state and its defenders.
Keywords: military service, human freedom, restriction of rights, prohibitions for military personnel, the right to dispose of oneself, order, balance of interests.
2. Military-legal knowledge and military-legal research in the field of medical care for military personnel (other persons) in the structure of military law.
Vovkodav V.S., Doctor of Medical Sciences, Honored Doctor of the Russian Federation, Colonel of the Medical Service, Deputy Head of the Main Center for Military Medical Expertise of the Russian Ministry of Defense, opklex@mail.ru
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. Research into the military-legal aspects of the medical support system of the Russian Armed Forces, other troops, military formations and bodies, as well as the military personnel themselves (their family members and those discharged from military service) occupies an important functional place in that part of military law known as military-social law. These studies are aimed at identifying, describing, summarizing, accumulating, and developing military-legal knowledge about the patterns of regulatory legal regulation of medical support, its structure and functions, as well as forecasting the development of military-legal phenomena related to the medical aspects of the state's military activities. The object of this study is the organization of medical support for the Russian Armed Forces, other troops, military formations and bodies, as well as the military personnel themselves (their family members and those discharged from military service), and the subject matter is the regulatory and legal framework for such support. The utilized methodology includes systematic, activity-based, and axiological approaches, as well as a combination of general theoretical, general logical, and empirical methods for collecting and analyzing scientific data. The article establishes that the substantive characteristics of military-legal knowledge on medical support for military personnel include knowledge of the normative-legal regulation and trends in law enforcement practice in the field of providing medical care to military personnel (other persons) (by types, conditions and form), conducting military-medical (flight medical) and other types of medical examinations in relation to them (medical-social examination, forensic medical and forensic psychiatric examination, examination of the quality of medical care), implementing medical (medical-psychological) rehabilitation of military personnel, organizing sanatorium-resort treatment, implementing measures to protect the life and health of military personnel by organizing compulsory state insurance, as well as conducting sanitary-epidemiological and preventive measures in relation to them and other persons. The corresponding military-legal studies are aimed at expanding, deepening, generalizing and updating military-legal knowledge on medical support for the armed forces and military personnel (other persons), forecasting social trends in the development of regulation of such support and the features of its functioning in social practice.
Keywords: translation of scientific knowledge, military law, medical law, military-legal knowledge, military-legal research, military medicine, medical support, provision of medical care, military medical examination (medical-flight examination), military medical commission, medical-social examination, medical-psychological rehabilitation (medical rehabilitation), spa treatment, life and health insurance.
3. The use of military force in response to an information technology attack: military and legal aspects.
Konokhov M.V., Leading Researcher at the Institute of State and Law of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Abstract: The article discusses topical issues of the application of Article 51 of the UN Charter in the event of an armed attack using information technology. The author suggests criteria for determining the legality of the use of military force in the exercise of the right to self-defense in the event of an armed attack using IT, and also suggests the inclusion in international law of such a concept as "sufficiency of evidence of the source of the attack using IT." The article also suggests directions for further scientific research on the military and legal aspects of international information security.
Keywords: information space, military law, aggression, self-defense, cyberattack, armed attack, military conflict, information technology, source of cyberattack, military force, weapons, physical damage, software.
4. «Military volunteers»: on the issue of differentiating between the concepts of «volunteer» and «volunteer worker» in Russian law.
Vorobyev A.A., Lecturer of the Federal State ducational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract. The article is devoted to the study of the content of the concept’s “volunteer”, “volunteering”, “volunteer worker” and “volunteer activity” at both legislative and doctrinal levels. Special attention is drawn to a form of volunteer work introduced by the legislator in 2022 – participation of citizens in voluntary formations that assist in fulfilling tasks assigned to the Armed Forces of the Russian Federation.
Keywords: voluntary formations, volunteer (volunteer) activities, volunteer, volunteer worker, charity, defense, mobilization, wartime, state of war, Armed Forces, special military operation.
5. Professional ethics in the system of state and military administration.
Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities Russian State University of Justice, opklex@mail.ru
Annotation. The article analyzes the ethical technologies of management of status communities incorporated into the Russian legal reality, which are part of the mechanism of legal regulation of the rule of law in the Armed Forces.
The supporting structure of the disciplinary component of ethical regulation is considered as a combination of the principle of uncertainty with the presumption of guilt. It is stated that ethical conflict and ethical uncertainty are not defects, but mandatory attributes of intra-systemic relations of professional communities, whose activities are based on ethical principles of corporate governance. The author comes to the conclusion that the result of the functioning of ethical principles of corporate governance may be the legalization in status communities of a system of value coordinates parallel to the law, which in special periods can be activated by the enemy as an imperative that excludes legal regulation by the Russian state.
Keywords: legal intervention, the essence of professional ethics; manipulative techniques; hyperinformation society; ethics of the US Army; training of ethics specialists; interception of management of status communities; disorganization of legal proceedings.
6. Problems of ensuring state and public security by the troops of the National Guard of the Russian Federation.
Abstract: The article discusses some problematic issues of ensuring state and public security by the troops of the National Guard of the Russian Federation. The author's proposals for improving the legislation are presented.
Keywords: National Guard troops; public safety; State security; Rosgvardiya.
7. Features of the military police of the armed forces of the Russian Federation in cases of administrative offenses committed by military personnel under special legal regimes.
Korchemkin M.E., Head of the educational unit – Deputy Head of the Department of Organization of Military and Legal Activities of the Military Training Center at the Lebedev Russian State Unitary Enterprise, opklex@mail.ru
Obukhovsky I.N., Head of the educational unit – Deputy Head of the Department of Military Law of the Military Training Center at the Lebedev Russian State Unitary Enterprise, opklex@mail.ru
Abstract: The article examines the features of the administrative responsibility of military personnel of the Armed Forces of the Russian Federation, as well as persons equated to them, during periods of special legal regimes. Based on the analysis of the norms of the Code of Administrative Offenses (CAO) of the Russian Federation, federal laws and by-laws, the key features of the jurisdiction of cases, the examination procedure, as well as the institution of suspension of proceedings on administrative offenses are identified. Special attention is paid to the expansion of the competence of military police bodies and special procedures in the context of restrictions related to ensuring the defense capability and security of the state. The article may be useful for law enforcement officers, researchers, and law students.
Keywords: administrative responsibility, military personnel, special periods, mobilization, martial law, military police, suspension of production, medical examination.
8. On the specifics of the legal regulation of citizens' access to information constituting a State secret in the Armed Forces of the Russian Federation.
Korobkov V.S., senior lecturer of the 49th department, Military University, opklex@mail.ru
Abstract: based on the analysis of the legal regulation of citizens' access to information constituting a state secret in the Armed Forces of the Russian Federation, the article identifies the circle of persons who, in accordance with the experience of a special military operation, are provided with access to this information and the categories of such information. The procedural content of such access and its features are considered, taking into account the specifics of the tasks being solved by the Armed Forces of the Russian Federation.
Keywords: access to state secrets; information constituting a state secret; legal regulation; officials; citizens; Armed Forces of the Russian Federation; IDGT-2010; information; information security; mobilization; special military operation.
9. Ensuring fire safety for military personnel in the field when placing personnel in quickly erected protective structures (dugouts).
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
Sharapov M.A., Head of Research Sector, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Abstract. This article analyzes regulatory requirements for fire safety in dugouts related to the use of stoves and electric heating appliances, which pose an increased fire hazard. It presents and systematizes requirements for the design and construction of prefabricated structures, including dugouts, and provides proposals for the installation of electric heating appliances within them.
Key words: fire safety, personnel, field conditions, combat operations, dugouts, military equipment, troop control, electric heating devices, field exit, military personnel, fire, hazardous factors, requirement.
10. Description of current changes to the general provisions governing the conduct of military medical examinations.
Naumov P.Yu., PhD (Pedagogical Sciences), Assistant to the Head of the Main Military Clinical Hospital of the National Guard Troops of the Russian Federation for Legal Work, Senior Researcher, Department of Scientific and Strategic Development of Primary Health Care, National Medical Research Center for Therapy and Preventive Medicine of the Ministry of Health of the Russian Federation, opklex@mail.ru
Ignatovich S.N., Colonel of the Medical Service, Head of the Center for Military Medical Examination of the National Guard Troops of the Russian Federation — Chief Physician for Military Medical Examinations of the Russian National Guard, opklex@mail.ru
Abstract. The dynamic nature of lawmaking involves both the ongoing monitoring of current legislation and the development, review, approval, and adoption of amendments to various regulatory legal acts. Amendments to legal norms are intended to clarify the content and application of legislation in the regulated area of activity, responding to strategic planning objectives, social demands, and emerging law enforcement trends. The norms governing the conduct of military medical examinations (especially the Regulation on Military Medical Examinations) have recently undergone regular changes related to the development of a new legal framework for military medical examinations and the need to establish regulations regarding medical care (including for military personnel participating in special military operations), volunteer units, and aviation personnel. The amendments to the military medical examination system adopted in August 2025, in addition to improving the determination (establishment) of the causal relationship between injuries (diseases) and military service, clarifying the procedure for medical examination of state aviation personnel, and the specific application of certain articles of the schedule of diseases, also affected the general provisions of the Regulation on Military Medical Examination. These amendments clarified one of the tasks of military medical commissions, the validity of the conclusions of military medical (flight medical) commissions, and the procedure for their approval (cancellation). This article examines the amended (clarified) task of the military medical commission, the validity of the conclusions of military medical (flight medical) commissions, and the procedure for their approval and cancellation (conducting a re-examination in the event of violations of the medical examination procedure) from theoretical, legal, and technical perspectives.
Keywords: medical support for military personnel, medical care, medical examinations, military medical examination, medical flight examination, military medical commission, medical flight commission, conclusion of a military medical (medical flight) commission, legal fact, effect of a conclusion, legal relations, military legal research.
11. Powers of military officials to perform legally significant actions in the interests of military personnel, their family members and certain categories of citizens.
Titov V.V., legal adviser, opklex@mail.ru
Abstract. The subject of this article is the powers of military officials to perform legally significant actions in the interests of military personnel, their family members, as well as certain categories of citizens.
Keywords: power of attorney, will, notarial acts, actions equivalent to notarial, military officials, commander of a military unit, serviceman, family members of military personnel.
12. Improving criminal legislation on extremist crimes.
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 282, 282.2 of the Criminal Code of the Russian Federation were amended to improve the effectiveness of the criminal law mechanism for protecting the foundations of the constitutional system of the Russian Federation. The author analyzes the practice of applying these legal norms, identifies the positive and negative sides of changes in criminal legislation.
Keywords: criminal law; criminal liability; crimes against state authority; crimes against the foundations of the constitutional order and the security of the state; crimes of extremist orientation; incitement of hatred or enmity, as well as humiliation of human dignity; organization of the activities of an extremist organization and participation in the activities of such an organization.
13. The Evolution of Russian Criminal Legislation during the Special Military Operation (2022-2025): Modernization Areas and Development Prospects.
Ranenkova E.A., Associate Professor, Department of Criminal Law and Criminology, Moscow Regional Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russia, PhD in Law, Associate Professor, opklex@mail.ru
Uglitskikh D.V., Associate Professor, Department of State and Civil Law Disciplines, Moscow Regional Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russia, PhD in Law, Associate Professor, opklex@mail.ru
Abstract. This study provides an introductory analysis of contemporary national security challenges. Focusing on the period 2022-2025 (including data up to September 1, 2025), the study examines in detail the evolution of criminal legislation in the context of a special military operation. The material is structured to provide a comprehensive understanding of changes in both the General and Special Parts of the Criminal Code of the Russian Federation. The key objective is not only a critical analysis of legal modifications but also the development of specific proposals for legislative improvement (regarding delegelata and delegeferenda). The content of the study is designed to formulate strategic recommendations for optimizing criminal law mechanisms in the current geopolitical context.
The development of new criminal policy in Russia reflects societal, domestic, and external transformations in the context of current events. As the study shows, updating the Criminal Code of the Russian Federation during a special military operation is becoming a trend in Russian lawmaking. The state uses criminal policy as a mechanism for responding to contemporary challenges in the current socio-political environment. The special military operation marks the beginning of a new period not only in the field of criminal law but for the entire country.
Modern security challenges are stimulating the adaptation of legislation, which is reflected in the punitive nature of criminal policy. The philosophy of law enforcement is undergoing a significant transformation, going beyond simply amending regulations. The protection of state power, individuals, the economy, and the military is becoming a priority area of legislative initiatives. Reforming mechanisms for exemption from liability, tightening sanctions, and reassessing fundamental legal concepts reflect profound changes in the criminal law system, which strives to meet the new realities of social relations.
The changing socio-political situation and modern challenges require constant modernization of the legislative framework, as convincingly demonstrated by the findings of the analysis.
Keywords: war crimes; amendments to the Criminal Code; special military mission; exemption from criminal prosecution; changes in the criminal law of the Russian Federation.
14. The constitutional court of the Russian Federation extended the notary authorities of a military commander.
Votchenko I.A., Candidate of Law, Associate Professor, Professor of the Department of Personnel Management, legal and psychological support Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, opklex@mail.ru
Alexandrova N.G., Candidate of Law, 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, opklex@mail.ru
Abstract: The article provides a brief overview of the notary powers of the commander (chief) of a military unit (organization) as established by law. It also discusses the Resolution of the Constitutional Court of the Russian Federation, which temporarily allows commanders (chiefs) of military units located in remote or difficult-to-access areas, where there are no notaries and no regular reception of citizens by notaries, to certify the consent of the spouses of military personnel residing in the same area to transactions related to participation in the military mortgage system.
Keywords: military service, commander's authority, notary actions, and notary activities.