THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4
ISSUE CONTENTS:
1. The genesis of military law: results and prospects.
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: The report of Professor A.V. Kudashkin is published at the International Academic Law Forum, held on February 4, 2026 at the Central House of Science of the Russian Academy of Sciences.
Keywords: military law, genesis, legal forum, theory of military law.
2. On the "date" of the birth of military law science in Russia.
Kharabet K.V., Head of the Research Committee on Sociology of Deviant Behavior of the Russian Society of Sociologists, Executive Director of the Foundation for Promoting Scientific Research in the Field of Legal Support for Human Security named after Professor A.A. Ter-Akopov, Candidate of Law, Associate Professor, opklex@mail.ru
Abstract. The article is devoted to substantiating an alternative date for the birth of military law science in Russia (a decade earlier), taking into account the known facts about the existence and activities of the Military Law Academy. The article analyzes well-known and little-known scientific publications on the history of military law education. The article notes the need for further interdisciplinary research, including research in museums and archives.
Keywords: military law science, Military Law Academy, interdisciplinary research, birth of science.
3. Theoretical and methodological substantiation of military law, the place of international humanitarian law in the structure: an analysis of concepts in science.
Sherpaev V.I., Professor of the Department of Theory of State and Law, Ural State Law University, Doctor of Political Sciences, Candidate of Philosophy, Corresponding Member of the Academy of Military Sciences, opklex@mail.ru
Melnik N.N., expert in the field of international and international humanitarian law, military law of the USA, China and European countries, PhD (USA), opklex@mail.ru
Abstract. The article presents an analysis of a study dedicated to the theoretical and methodological justification of military law as an independent branch within the Russian legal system, its combat aspect, and the law of military conflicts as the core of military law. The authors' conceptualization of the structure of military law proposed by the authors of the analyzed study is significant for the further development of legal research in the field of military law science.
Keywords: military law, international humanitarian law, law of military conflicts.
4. Military space activities in legal categories and concepts.
Plaksa V.N., PhD in Law, Senior Researcher at the Scientific Research Center (Military Applied Research) Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. The article is devoted to the development of the theory and practice of military legal science, the improvement of the legal regulation of military-space relations as an urgent legal need.
The author notes that in the absence of unified approaches to the legal content of military space activities, with the existing lack of legally defined industry categories and concepts characterizing legal relations in this area, it is difficult to specify and systematize the theoretical foundations of the law of military space activities, to develop doctrinal approaches to the implementation of national space use policy for military security purposes.
The article reveals such categories as space, strategic space zone, military facility, jurisdiction in military space activities; strategy, space operational art, tactics, and also defines the concept of the law of military space activities.
Keywords: military space activities; military legal science; military space programs; military space legal relations; international space law
5. The Concept of "Zero Trust" and Other Information Security Lessons for the Judicial System of the Russian Federation in Special Periods.
Tuganov Yu.N., Professor at the Department of Organization of Judicial and and Law Enforcement Activities, Russian State University of Justice named after V.M. Lebedev; Professor at the Russian Customs Academy; Doctor of Legal Sciences, Professor; Honored Lawyer of the Russian Federation, Academician of the Russian Academy of Natural Sciences (RANS), opklex@mail.ru
Annotation. This article analyzes the issues of information security for the judiciary and the military organization of the Russian state. The study, taking into account the assessment of the causes of a large-scale failure in the state automated system "Justice" in October-November 2024, is dedicated to improving the legal framework for information security of the judicial system during periods of martial law, wartime, armed conflict, or combat operations. Some ways to overcome the identified contradictions are proposed.
Keywords: judiciary, judicial activity, information security, special periods, military courts, improvement of information security.
6. The Role and Place of Judicial Self-Government Bodies in the Judicial System of Special Periods (Comparative Context).
Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities at the Lebedev Russian State University of Justice, Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract. The article compares the approaches of Russian and Polish lawmakers to the organization of military judges' self-government bodies. Attention is drawn to the fact that the legal structure of the self-governing bodies of judges of Poland's military courts is focused on finding consensus on key issues of judicial administration and on preventing managerial errors. The author concludes that the principles of building a system of checks and balances for judges of military courts used by Poland deserve attention when improving the organization of judicial community bodies in the Russian Federation.
Keywords: status of judges, special periods, judicial community bodies, self-governing bodies of judges, structure of Polish military judicial bodies
7. Comparative legal analysis of the mechanism of repatriation and release of prisoners of war: the possibility of their further performance of military service duties.
Korchemkin M.E., Captain of Justice, 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., Captain of Justice, 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 subject of this article is an analysis of the legal regulation of the issue of performing military service duties by repatriated and returned prisoners of war.
The purpose of the study is to analyze the existing mechanisms of legal regulation of the return of prisoners of war to their homeland and their further fulfillment of military service duties from the point of view of international humanitarian law. The objectives of the study are to summarize and analyze the legal norms governing the specified sphere of international relations and to determine their relationship with national legislation, as well as possible directions for improving legal regulation on the stated problem.
The research methodology includes a formal legal analysis of international and national legislation, mainly using the comparative legal method.
The study found that not all existing mechanisms for the return of prisoners of war to their homeland are reflected in international treaties, which directly affects the possibility of further fulfillment of military service duties by prisoners of war. The conclusion is made about the possibility of raising the issue and taking additional measures aimed at improving the legal regulation of the institutions of international humanitarian law under consideration.
Keywords: repatriation, prisoner of war, international humanitarian law, law of armed conflict, exchange, release, neutral country, military service, armed conflict, combatant, wounds, diseases.
8. Legal norms of the Code of the Russian Federation on Administrative Offenses in the system of assessing the state of military discipline and law and order.
Suhondyaeva T.Yu., Candidate of Law, Associate Professor, Associate Professor 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 examines the provisions of the Code of the Russian Federation on Administrative Offenses, according to which military personnel are subject to not only disciplinary but also administrative liability on a general basis, as well as a number of other articles, also examines a number of other articles applied to military personnel as a basis for the formation of a system for assessing the state of discipline and law and order in military units. A mathematical analysis of the norms was conducted, demonstrating the relationship between the two types of responsibility in the structure of criteria and indicators that influence the assessment of the state of law and order and military discipline. A conclusion is made about the degree of objectivity of the indicators of application of the norms of the Code of the Russian Federation on Administrative Offenses and the Disciplinary Regulations of the Armed Forces of the Russian Federation to military personnel.
Keywords: Code of the Russian Federation on Administrative Offenses, Disciplinary Regulations of the Armed Forces of the Russian Federation, administrative liability, disciplinary liability, criteria and indicators, discipline and law and order, evaluation system.
9. The place of the troops of the National Guard of the Russian Federation in the mechanism of countering extremist activity.
Voronov A.M., Doctor of Law, Professor, Chief Researcher at the Center for Security Studies of the Russian Academy of Sciences, opklex@mail.ru
Annotation: The participation of the Russian National Guard troops in the fight against terrorism and extremism requires military personnel (employees) to cooperate with officials of other federal executive bodies. The implementation of this task requires the troops to take coercive measures, which often include the use of weapons, special equipment, and physical force.
Key words: extremism; powers; cooperation; troops of the National Guard of the Russian Federation.
10. Regulatory and legal regulation of the application by federal executive authorities of measures to prevent the operation of unmanned aerial, underwater and surface vessels and apparatuses, unmanned vehicles and other automated unmanned complexes while ensuring their 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: In the article, the author examines the specifics of the regulatory and legal regulation of the use by federal executive authorities, employees of departmental security and private security organizations of measures to prevent the operation of unmanned aerial, underwater and surface vessels and apparatuses, unmanned vehicles and other automated unmanned complexes. The orders of some federal executive authorities providing for the procedure for making decisions on the suppression of the functioning of unmanned vehicles are being investigated. The new right of a private security organization, as well as private security guards, is indicated – the right to stop the functioning of unmanned vehicles.
Keywords: federal executive authority; Rogsvardia; FSB of Russia; Ministry of Internal Affairs of Russia; Federal Penitentiary Service of Russia; unmanned aerial, underwater and surface vessel and apparatus; unmanned vehicle; automated unmanned complex; physical force; special means; weapons; necessary defense; extreme necessity.
11. Social Partnership in the Labor Sphere in the Armed Forces of the Russian Federation: A New Stage of Development.
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. Through the prism of a retrospective analysis, the author examines the Industry Agreement between the Professional Union of Civilian Personnel of the Armed Forces of Russia and the Ministry of Defense of the Russian Federation for 2026-2028, which regulates social and labor relations in the Armed Forces of the Russian Federation and establishes social guarantees and benefits for civilian personnel. The innovations are analyzed and the existing shortcomings are identified.
Key words: social partnership, employees, federal government civil servants, collective agreement, employer, social and labor rights, military units.
12. Conflicts of legislation on the right of military teachers to extended leave.
Glukhov E.A., North-Western Institute of Management of the RANEPA, PhD in Law, Associate Professor, opklex@mail.ru
Tikhon S.V., North-Western Institute of Management of the RANEPA, opklex@mail.ru
Abstract: the article analyzes the current law enforcement practice regarding the implementation of the norms of legislation on education in terms of the right to extended leave in relation to teachers from among the clergy. On the one hand, military teachers are among the teaching staff who are guaranteed an extended basic leave of 56 days by the Federal Law "On Education in the Russian Federation". On the other hand, traditionally, when granting leave to this category of teachers, the norms of legislation on military service were applied, according to which the main leave was established for 30-45 days and did not increase due to their replacement of positions from among the teaching staff.
Keywords: extended leave, social rights, competition of legal norms, dual status, military education, legal regulation, military service, duties of a teacher, military administration
13. Improvement of criminal legislation on criminal liability for crimes of sabotage and terrorism (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation" dated November 17, 2025, No. 420-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 in art. 20, 35, 64, 73, 78, 79, 83, 92, 205.1, 281.1 The Criminal Code of the Russian Federation has been amended. The purpose of these novels is to improve the legal mechanisms for countering crimes of sabotage and terrorism. Based on the analysis of legislation and law enforcement practice, the author identifies the positive and negative sides of the amendments made to the criminal legislation.
Keywords: criminal law, criminal liability, crimes against state power, crimes against public safety, crimes against the foundations of the constitutional order and the security of the state, assistance to terrorist activities, assistance to sabotage activities.
14. Crimes committed against participants in special military operations and their family members: victimological aspect.
Zakomoldin R.V., candidate of legal sciences, associate professor, leading 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 victimological aspect of crimes committed against such a socially vulnerable category of the population as participants in special military operations and their family members. It is noted that there is a significant number of such crimes in the current conditions. The determinants and motivation for committing such crimes are analyzed. Attention is paid to measures aimed at countering this negative socio-legal phenomenon.
Keywords: victimology, special military operation, socially vulnerable groups, participants in the special military operation, combatants, veterans.
15. Issues of Execution of Criminal Punishments by Convicted Military Personnel During Their Military Service.
Stepanenko N.E., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Abstract: The article examines issues related to the imposition of criminal punishments on convicted military personnel and analyzes the possibility of executing some of these punishments while performing military service.
Keywords: military service, military personnel, conscript and contract military service, criminal punishments, primary penalties, supplementary penalties, conviction, objectives of criminal punishment, treatment for drug addiction, voluntary treatment, deferral of punishment for military personnel until completion of treatment, medical rehabilitation, social rehabilitation.
16. On the use of special knowledge in the investigation of crimes committed by the Nazis during the Great Patriotic War of 1941-1945.
Malina V.P., Junior Researcher of the Research Institute (Military History) of the Military Academy of the General Staff of the Armed Forces of the Russian Federation, opklex@mail.ru
Abstract: The article describes the use of special knowledge in the disclosure and investigation of crimes committed by the German fascist invaders during the Great Patriotic War of 1941-1945.
Keywords: military law, special knowledge, expertise, expert, specialist, criminal proceedings, crime investigation, legal proceedings, German fascist invaders, Nazis, Great Patriotic War of 1941-1945.