THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3

  ISSUE CONTENTS:  

 

1. The essence of the neo-nazi globalist ideology and policy implemented by the "collective west", the continuation of which is hybrid wars against Russia and other countries seeking to build a fair multipolar world order.

Melnik V.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Criminal Procedure of the Prince Alexander Nevsky Military University, opklex@mail.ru

Abstract. Using the methodology of system analysis, the article examines the essence of the neo-Nazi globalist ideology and policy implemented by the "collective West", the continuation of which is hybrid against Russia and other countries, whose peoples and political leadership are striving to build a fair multipolar world order. The topic of the article and its problems are important for a deeper understanding of the geopolitical and moral-psychological background of the aggressively selfish globalist ideology and policy pursued by these Western countries, the implementation of which at the present stage of globalization in the form of modern hybrid wars is acquiring an increasingly open neocolonial neo-Nazi-Russophobic character, i.e., it is a manifestation of a dangerous form of moral, legal and political anomie.  which poses a threat to the military and national security not only of Russia, but also of other countries whose peoples and political leaders are interested in building a more just, UN-centric and multipolar world.

Keywords: globalization; globalism; politics; ideology; neo-Nazism; chauvinism; Russophobia, hybrid wars; moral, legal and political anomie; system analysis using systematic and integrated approaches, the method of expert assessments using the conceptual apparatus of sciences that study various aspects of ideology and politics related to the conduct of war.

 

2. The National Guard Troops of the Russian Federation an extraordinary element of the state mechanism.

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: in this article, for the first time in Russian legal literature, the place and role of the troops of the national Russian Federation in the system of bodies implementing the law enforcement function of the Russian state are examined. The author believes that the troops of the national guard, being a state military organization, perform both the defensive function of the state and the law enforcement function. This fact indicates that they are a specific body that ensures the functioning of state power.

Keywords: National Guard troops, law enforcement agency, special military operation.

 

3. Legal assessment of the grounds for the us armed invasion of Venezuela and the practice of applying the law.

Melnik N.N., an expert in the field of international military law of the United States, China and European countries, PhD (USA), opklex@mail.ru

Abstract. The article presents a comprehensive constitutional and international legal analysis of the U.S. military operation in Venezuela on January 3, 2026. It examines the legal grounds for the use of armed forces without prior authorization from the U.S. Congress in the context of Article II, Sections 2 and 3 of the Constitution, the 1973 War Powers Resolution, and the obligations of the United States under Article 2(4) of the UN Charter.

Keywords: USA, Venezuela, invasion, legal assessment, law of military conflicts.

 

4. On the correlation of the concept of “military ecocide” and some means (methods) of conducting combat activities used by Ukraine.

Petukhova M.V., 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, opklex@mail.ru

Alexandrova N.G., Candidate of Historical Sciences, Associate Professor, Head of the Department of History and Economic Theory Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Abstract: The presented work examines the possible use by the Ukrainian armed forces of means and methods used in the armed conflict with the Russian Federation, which may contain elements of "military ecocide" and do not comply with the norms of International Humanitarian Law.

Keywords: ecocide, military ecocide, international crimes, special military operation, and the Ukrainian conflict.

 

5. Participation in the fight against unmanned aerial vehicles as a new task for the troops of the National Guard of the Russian Federation while ensuring public safety.

Shenshin V.M., PhD in Law, Associate Professor, Senior Researcher at the Center for Security Studies of the Russian Academy of Sciences, Associate Professor at the Department of Theory and History of State and Law at the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Abstract: The formation of the concept of unmanned system Forces provides for the possibility of using troops of the National Guard of the Russian Federation, which are actively involved in the fight against unmanned aerial vehicles during a special military operation. The place of the National Guard troops in the system of countering unmanned aerial vehicles is being revealed. The author analyzes the provisions of the Federal Law "On the Troops of the National Guard of the Russian Federation", affecting the powers of troops in the fight against unmanned aerial vehicles. The researcher concluded that the strategic legislation in the field of state and public security is imperfect, in particular, the National Security Strategy of the Russian Federation, as well as the Decree of the President of the Russian Federation "On the Federal Service of the National Guard of the Russian Federation" do not contain norms regulating the sphere of countering unmanned aerial vehicles, which implies the need to adjust these acts. It is proposed to amend Article 2 of the Federal Law "On the Troops of the National Guard of the Russian Federation" in terms of supplementing its new task – participation in the fight against unmanned aerial vehicles.

Keywords: unmanned aerial vehicles; state security; public safety; concept of unmanned systems troops; National Guard troops; Rosgvardiya; special military operation.

 

6. What cannot be excluded: how to form a list of corruption-dangerous positions?

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

Annotation. The article examines the updated list of corruption-related positions in the Armed Forces of the Russian Federation and provides a comparative analysis with its previous editions. The author criticizes the method used to form a list of corruption-dangerous positions, identifies existing problems and suggests ways to resolve them.

Key words: anti-corruption, corruption-dangerous positions, employees, military units, duties.

 

8. The list of social guarantees (in terms of pension provision) for volunteers who have been dismissed from military service (service in law enforcement agencies) has been expanded.

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 analysis of the federal law providing for an increase in the level of social guarantees (in terms of pension provision) for such a category of participants in a special military operation as citizens who are in volunteer formations and contribute to the tasks assigned to the Armed Forces of the Russian Federation and the troops of the National Guard of the Russian Federation, who (volunteers) are discharged from military service or from service in law enforcement agencies without the right to receive a pension for service provided for by the Law of the Russian Federation of February 12, 1993 No. 4468-1 "On pension provision for persons who served in military service, service in law enforcement agencies, the State Fire Service, bodies for the control of trafficking in narcotic drugs and psychotropic substances, institutions and the bodies of the penal enforcement system, the troops of the National Guard of the Russian Federation, the enforcement authorities of the Russian Federation

Keywords: military personnel, employees, law enforcement officers, military service, law enforcement service, social guarantees, volunteer groups, volunteers, retirement pension, special military operation.

 

9. Addressing the social issues of participants in a special military operation and their family members is a special duty of the State.

Shenshina L.A., PhD in Pedagogical Sciences, Associate Professor, Department of Pedagogy and Psychology of Extreme Situations at 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: A special military operation raises a range of problematic issues that the author is trying to answer in this study. Such issues were considered as: failure by one parent to fulfill his duties for the upbringing and maintenance of a child and the actual assignment of these duties to the other parent, which indicates a violation of the equality and proportionality of parental duties established by law; prohibition on the accrual of penalties on overdue loans of deceased borrowers before the inheritance is accepted by the heirs.; inheritance of an unpaid military pension and the limits of the rights of heirs.

Keywords: special military operation; inheritance; social guarantees; law enforcement practice, family members of deceased participants in a special military operation.

 

10. Improvement of criminal legislation on criminal liability for the illegal turnover of funds of payments (scientific and practical commentary to the Federal Law "On Amendments to Article 187 of the Criminal Code of the Russian Federation" dated June 24, 2025, No. 176-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 is devoted to the analysis of the newly adopted federal law, which supplemented art. 187 of the Criminal Code of the Russian Federation with parts 3, 4, 5, 6 and a note. The purpose of these novels is to improve the legal mechanisms for countering crimes committed using information and communication technologies, including electronic means of payment used for the turnover of criminally obtained funds. Based on the analysis of law enforcement practice, the author identifies the positive and negative sides of the changes made to the criminal legislation.

Keywords: criminal law; criminal liability; crimes in the field of economics; crimes in the field of economic activity; illegal circulation of means of payment; confiscation of property; electronic means; electronic means of payment.

 

11. Criminal liability of military personnel for violations in the field of state secret protection.

Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru

Abstract: The article provides a brief analysis of the provisions of legislative and other regulatory legal acts that establish requirements for the protection of information constituting state secrets, for violation of which military personnel may be held criminally liable.

Keywords: state secret, information protection, state security, state defense, military personnel's responsibility, and criminal liability of military personnel.

 

12. Intentional deterioration of housing conditions by military personnel and their family members as grounds for restricting their right to be recognized as needing housing.

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru

Abstract. The author of this article examines the concept of intentional deterioration of housing conditions by military personnel and their family members. The author characterizes intentional deterioration of housing conditions as a legal fact and its legal consequences. Based on an analysis of current legislation, the key characteristics of actions that intentionally deteriorate housing conditions are identified. Using examples from judicial practice, the author describes the complicated issues of legal qualification of the certain actions by military personnel and their family members as an intentional deterioration of housing conditions.

Key words: serviceman, the legal status of a serviceman, right to housing, intentional deterioration of housing conditions.

 

13. Creation of an interstate tribunal on Israel as a mechanism to reduce tensions in the middle east.

Verbitskaya T.V., PhD of political sciences, lecturer at the Ural Federal University, opklex@mail.ru

The problems of finding effective tools to reduce tension in the Arab-Israeli conflict zone does not lose their relevance, and it is important to investigate the facts and circumstances of the escalation of the conflict between the parties in October 2023, so that the balance of interests of the parties is respected. It has been determined that the Peace Council, as an international organization initiated by the United States, is a political instrument aimed at strengthening the position of the United States as an actor influencing the course of international processes. It has been revealed that the decision of the International Criminal Court of the United Nations dated January 26, 2024 on the claim of South Africa will not lead to an improvement in the situation in the Middle East, since the UN institutions have not proven their effectiveness in the region since 1947. It is determined that the creation of an independent jurisdictional body to investigate the facts and circumstances of war crimes in the Gaza Strip from October 2023, the Israel Tribunal, will be an effective measure to improve the situation in the Middle East while balancing the interests of the parties in the investigation based on the involvement of experts from both states in the conflict, as well as from Russia, the United States, Latin America.

Keywords: military conflict, international crimes, post-conflict settlement mechanism, Gaza Strip, balance of interests of the parties

 

14. Some issues of legal regulation of the functioning of the military-industrial complex in the CIS member states.

Redkous V.M., Doctor of Law, Professor, leading researcher of the sector administrative law and administrative process Institute of State and Law RAS, opklex@mail.ru

  Resume:  A modern state that ensures its sovereignty and territorial integrity must take care to maintain the level of defense capability required to repel external threats and respond to internal threats, as well as the state of the country's armed forces and other state military organizations, their appropriate provision with weapons, military and special equipment, and the creation of infrastructure for their functioning. The defense industry and the closely related defense-industrial complex play a significant role in this process. This paper provides a comparative legal analysis of the experience of several CIS member states in the legal regulation of the defense-industrial complex. The article highlights the importance of developing a unified terminology in this area and improving the legal regulation of the defense industry at the national level, taking into account positive foreign experience.

Key words: state regulation; defense industry complex; military-industrial complex; state defense order; state administration bodies; enterprises; institutions; organizations; defense industry; science; military doctrine; comparative law studies.

 

15. Intellectual property and military-technical cooperation: is there a connection?

Eremin A.V., RT-Intellectexport LLC, Director of Corporate Governance and Legal Affairs, PhD in Law, opklex@mail.ru

Resume. The article examines the impact of the existing system of managing rights to the results of intellectual activity in the Russian Federation on the possibility of military-technical cooperation in terms of technological cooperation projects with foreign countries. The relevance of this topic is due to the growing number of military-technical cooperation projects.

Keywords: system for managing rights to the results of intellectual activity, protected results of intellectual activity, military-technical cooperation, licensed production, state rights to protected results of intellectual activity.