THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5

    ISSUE CONTENTS: 

 

1. Military Criminal Law: Forgotten Pages (1928-1938)

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, in a historical and legal retrospective, continues the study of a little-known period in the development of military criminal law from 1928 to 1938, associated with the scholarly work of S.N. Orlovsky and V.Ya. Malkis. It analyzes the significance of the first attempt after the 1917 Revolution to institutionalize military criminal law as an academic discipline, and the relationship between military criminal, criminal, and military law during this period.

Keywords: military criminal law, military law, military legal science, military criminal legislation

 

2. New grounds for the use of armed forces the Russian Federation abroad and without the consent of the Federation Council.

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 examines a draft law granting the governmental authorities of the Russian Federation, by decision of the President of Russia the right to take measures to protect Russian citizens subjected to arrest (detention) or other forms of prosecution under decisions of foreign courts that have been vested with authority by other foreign states without the participation of Russia and/or by international judicial bodies whose jurisdiction is not based on an international treaty of the Russian Federation or a resolution of the UN Security Council adopted under Chapter VII of the UN Charter.

Keywords: armed forces, use abroad, international humanitarian law, the UN Charter.

 

3. Protection of the rights of Russian citizens abroad by military means.

Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Military-Industrial Complex, IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru

Abstract: Traditionally, the Armed Forces of the Russian Federation are used abroad for their intended purpose (peacekeeping operations, security tasks of foreign states on contractual terms, etc.). However, recent geopolitical events have necessitated their use abroad to solve other tasks that are not directly related to their intended purpose. The article analyzes a draft law that grants state authorities, by decision of the President of Russia, within the limits of their legislative powers, the right to take measures to protect Russian citizens who have been arrested or detained under criminal or other prosecution by decisions of courts of foreign states authorized by other states without the participation of Russia and/or international judicial bodies whose competence is not based on an international treaty of the Russian Federation or a resolution of the UN Security Council on the norms of Chapter VII of the UN Charter.

Keywords: law, military conflict, military incident, armed protection of citizens abroad, armed forces.

 

4. Norms governing the protection of persons with mental disorders in armed conflict: their place in the system of international law and development prospects.

Belousova M.S., postgraduate student of Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. The article substantiates the identification of the complex of international legal norms governing the protection of the wounded and sick as an interdisciplinary legal institution, within which a legal sub-institution for the protection of persons with mental disorders is established. The article outlines the development directions of this sub-institution in international law and offers proposals for improving national legislation to ensure the rights of persons with mental disorders.

Keywords: armed conflict, war victims, wounded and sick, persons with mental disorders, interdisciplinary legal institution.

 

5. The use of convicts in armed conflicts: on the example of the Nazi Germany and the USSR during the Second World War as well as the Russian Federation at the present time.

Grebensky D.S., adjunct student at the Prince Alexander Nevsky Military University, opklex@mail.ru

Abstract. The article provides a comprehensive comparative, constitutional and international legal analysis of the mechanism for involving convicted persons in armed conflict. The historical experience of the use of penal military units in the Nazi Germany and the Soviet Union during World War II along with the modern legal regulation in the context of the special military operation are examined. The author concludes that a special criminal law regime of exemption from criminal liability and punishment has been formed. Systemic risks are identified and proposals for improving the legislation of the Russian Federation are formulated.

Key words: criminal record, exemption from criminal liability, special military operation, penal units, suspension of criminal proceedings, criminal law regime, pardon, balance of interests.

 

6. Official necessity versus subjective law (using the example of the exercise of the right to leave by military veterans of military operations).

Glukhov E.A., North-Western Institute of Management of the Russian Presidential Academy of National Economy and Public Administration, PhD in Law, Associate Professor, opklex@mail.ru

Abstract. The article analyzes the mechanism by which military personnel participating in combat operations exercise their subjective right to choose a vacation period. The contradiction is revealed between the subjective right of these military personnel to go on vacation at any time convenient for them and the interests of the combat readiness of the military formation. Typical methods of solving this contradiction on the part of the command of a military formation are given. Proposals are being made on ways to improve legislation on military service regarding the mandatory vacation schedule for subordinates.

Keywords: military administration, vacations of military personnel, combat veteran, vacation schedule, current shortage, dead rules of law, terms of appeal, workload.

 

7. Legal Framework for Conducting Military Medical Examinations for Military Personnel (Other Persons) during Wartime, under Special Legal Regimes, Special Conditions, or Periods (Based on Open-Source Materials).

Naumov P.Yu., PhD in 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 at the National Medical Research Center for Therapy and Preventive Medicine of the Russian Ministry of Health, opklex@mail.ru

Abstract. Conducting a specific type of medical examination – a military medical examination-entails not only the exercise of assigned (granted) powers in peacetime and under normal conditions, but also during the introduction of special legal regimes or the emergence of special conditions or circumstances. The novel coronavirus (COVID-19) pandemic and the conduct of a special military operation, as well as the declaration of partial mobilization and martial law in certain territories of the country in connection with it, along with the need to combat international terrorism, have significantly transformed and determined (influenced) the future dynamics of social practice, lawmaking, and law enforcement. This study focuses on the legal framework governing the conduct of military medical examinations in Russia. The subject of this work is the legal framework for conducting military medical examinations of military personnel (and other persons) under special legal regimes (conditions or circumstances). The study is based on open sources and does not contain restricted information. The study summarizes the legal norms governing the conduct of military medical examinations during the periods (conditions) under study. The obtained author's generalizations can be applied in the pedagogical process of military universities, conducting military-legal research and practical activities of military medical (medical-flight, conscription and other) commissions.

Key words: special conditions (circumstances), special legal regimes, military medical examination, situational law, category of fitness for military service, factors of military labor, martial law, state of emergency, counter-terrorism operation, general or partial mobilization, emergency situation, military legal research, military legal knowledge.

 

8. Problems of the use of irregular working hours in labor relations involving military organizations.

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 examines the specifics of attracting employees of military units and organizations subordinate to the Ministry of Defense of the Russian Federation to work outside the normal working hours. The author analyzes the features of the legal regulation of the institution of irregular working hours and relevant judicial practice, identifies problems of its interpretation and application, and suggests ways to resolve them.

Key words: military organization, irregular working hours, employees, annual additional paid leave, overtime work.

 

9. Implementation of the principle of fairness in the regulatory framework for pension provision for military personnel who are eligible for a second pension.

Neverov A.Ya., Reserve Lieutenant Colonel, Candidate of Law, Associate Professor, Kurgan State University, opklex@mail.ru

Abstract. This article analyzes the legal regulation of the implementation of the right of military personnel who have been dismissed from military service and receive a retirement pension to an old-age insurance pension. By analyzing the provisions of the Federal Law "On Insurance Pensions," the author concludes that certain provisions of this legal act significantly limit the legally established right of military pensioners to receive an insurance pension. Based on the principle of fairness enshrined in the Constitution of the Russian Federation, the author argues for the need to make significant changes to the Federal Law "On Insurance Pensions".

Keywords: military pensioners, pension system, retirement pension, pension insurance, insurance pension, right to pension provision, fairness, insurance period, insurance contributions.

 

10. Mechanism for depriving the right to support measures due to a serviceman’s death: substantive and procedural aspects.

Skoryatin D.K., Advocate, Bar Association “Grib, Ternovtsov and Partners” (Kursk, Russian Federation), Legal Counsel, Central Headquarters of the Autonomous Non-profit Organization “Committee of Families of the Warriors of the Fatherland” (Moscow, Russian Federation), opklex@mail.ru

Abstract. The article examines the case-law-based mechanism for depriving a person of the right to obtain state support measures due to a serviceman’s death (mandatory state insurance benefits, lump-sum allowances and other payments distributed among family members). While statutory rules define beneficiaries mainly through formal family status, they do not provide a special procedure to exclude an ‘unworthy’ recipient who has long evaded family duties or has de facto lost family ties with the deceased. An analysis of more than seventy judicial acts, including Supreme Court rulings of 2024–2025, makes it possible to identify stable substantive criteria and key procedural requirements (including the mandatory participation of a prosecutor) and to propose their systematization. The paper’s novelty lies in substantiating a cross-sector concept of an ‘unworthy recipient of support measures’ as an independent legal fact distinct from deprivation of parental rights and the doctrine of unworthy heirs, and in developing an evidentiary and procedural model aimed at reducing fragmentation of judicial protection and preventing unjust enrichment.

Keywords: support measures; serviceman’s death; lump-sum allowance; insurance benefit; deprivation of entitlement; unworthy recipient; factual family ties; abuse of rights; prosecutor’s participation; case law.

 

11. Property liability of a military serviceman for damage caused during the performance of military tasks: problems of theory and law enforcement.

Kudina S.A., Candidate of Law, Professor of the Department of Public and Private Law Faculty (Command) of the Federal State Military Educational Institution of Higher Education Military Order of Zhukov Academy of the National Guard of the Russian Federation, opklex@mail.ru

Abstract. The relevance of the study is due to the expansion of the range of military tasks performed by military personnel, which creates a conflict between the state's liability (Articles 1069-1070 of the Civil Code of the Russian Federation) and the regressive claims against military personnel (Article 1081 of the Civil Code of the Russian Federation). The purpose of this work is to identify the problems of legal regulation of regressive liability and propose solutions. The article analyzes the approaches of courts to determining the amount of compensation, whether it is limited to the average monthly salary or whether it is fully compensated. The article also argues for the need to differentiate liability based on the form of guilt. The author's criterion of gross negligence is proposed, which is a violation of the explicit requirements of regulations and instructions. Proposals are formulated for amending the Federal Law "On Material Responsibility of Military Personnel" and summarizing judicial practice by the Supreme Court of the Russian Federation

Keywords: military personnel, property liability, recourse, judicial practice.

 

12. Improvement of the Military Criminal Legislation of the Russian Federation (Scientific and Practical Commentary on Federal Law No. 534-FZ of December 29, 2025).

Eermolovich Ya.N., Doctor of Legal Sciences, Professor, 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 introduced amendments to Articles 337, 338, and 339 of the Criminal Code of the Russian Federation. The purpose of these amendments is to improve the legal mechanisms for countering crimes against military service committed by military personnel with a special criminal legal status. Based on the analysis of legislation and law enforcement practice, the author identifies the positive and negative aspects of the amendments made to the criminal legislation.

Keywords: criminal law, criminal liability, military criminal law, crimes against military service, unauthorized abandonment of a unit or place of service, desertion, evasion from performing military service duties by feigning illness or by other means, exemption from punishment in connection with military service during mobilization, during martial law or during wartime, exemption from criminal liability in connection with conscription for military service during the period of mobilization or during wartime, or the conclusion of a contract for military service during the period of mobilization, during martial law or during wartime, as well as in connection with military service during the specified periods or times.

 

13. Current issues of qualification of unauthorized abandonment of a unit.

Meleshko Pavel Evgenievich, Associate Professor of the Department of Criminal Law of the Military University, Candidate of Legal Sciences, opklex@mail.ru

Annotation. The article discusses current issues of qualification of unauthorized abandonment of a unit and failure to appear on time for service without valid reasons, related to the calculation of terms of evasion from military service, interruption of the period of illegal absence from military service, establishment of the place of failure to appear on time for service without valid reasons, as well as those associated with failure to comply with the order of the chief, given in accordance with the established procedure.

Keywords: Unauthorized abandonment of a unit or place of service, failure to appear on time without valid reasons for service, martial law, calculation of terms of evasion from military service, period of illegal absence from military service, place of commission of failure to appear on time for service without valid reasons.

 

14. Military-criminal policy as a means of ensuring unity: historical lessons and current challenges.

Novokshonov D.V., Candidate of Law, Associate Professor, Colonel of Justice, Head of the Department of Sectoral and Legal Disciplines of the Faculty (Command) of the Military Order of Zhukov Academy of the National Guard Troops of the Russian Federation, opklex@mail.ru

Abstract. The article examines the evolution of legislation on criminal liability for crimes against the order of subordination and military regulations, through the lens of the military-criminal policy of the Russian state. Based on extensive historical and legal material, the author identifies the main stages of the formation and transformation of relevant criminal law norms. Special attention is paid to the dependence of the content of military-criminal policy on external and internal challenges (military reforms, counter-terrorism operations, and special military operations), as well as on the prevailing ideology. The analysis conducted allows us to state that the institution of responsibility for crimes against the order of subordination has historically served as a tool for ensuring the combat readiness of troops and strengthening the principle of unity of command. The conclusion is made about the preservation of the continuity of the basic principles of military criminal policy while simultaneously humanizing it in certain historical periods.

Keywords: military criminal policy, military crimes, subordination order, statutory relations, history of military law, one-man management, criminal liability of military personnel

 

15. Comparative legal analysis of national models for supporting the families of fallen military personnel in the context of international legal obligations.

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

Mitrofanov O.V., Master’s Student, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract. The article examines national models through which states fulfill their obligations to support the families of military personnel perished in armed conflicts (hereinafter referred to as “families”), using the Russian Federation, the United States of America, the French Republic, and the People’s Republic of China as case studies. A comparative legal analysis of the normative foundations is conducted along with the study of the structure of material support, key social guarantees, and the underlying philosophical approaches shaping each system. Based on identified correlations between the procedures for establishing the status of a fallen servicemember and the corresponding model of material support, the authors formulate a typology of national models that reflects different methods of implementing international standards and realizing the principle of the family’s right to know the fate of a relative.

Keywords: military personnel, perished, missing in action, international humanitarian law, social guarantees, families of fallen military personnel, family support, the Russian Federation, the United States, France, China.

 

16. Formation of Approaches to Ensuring Military Security of the Union State (1995–2001).

A.V. Sazanovich, Post-Graduate Student, Prince Alexander Nevsky Military University, Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract. The article presents a comprehensive legal study of the formation and regulatory consolidation of the military security system of the Union State of Belarus and Russia. Based on a study of bilateral international treaties, statutory documents and doctrinal acts adopted between 1995 and 2001, key stages in the development of military cooperation are identified. Particular attention is paid to the legal status of the Regional Group of Troops (Forces), mechanisms for the joint use of military infrastructure, and the 2001 Military Doctrine of the Union State.

Keywords: Union State, military security, Regional Group of Troops (Forces), military doctrine, international law.

 

17. Artificial Intelligence in the Assessment of Military Personnel and the Combat Capability of Units: Legal Consequences and Hidden Risks.

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

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

Abstract. In this article, the authors explore the potential risks associated with the processing of a large number of individual indicators by artificial intelligence. They emphasize the need for a risk-based approach when using artificial intelligence technologies, as well as the legal tools for regulating them. The article concludes with possible ways to significantly reduce the negative consequences of transferring the right to assess a military personnel's personal qualities to artificial intelligence.

Keywords: armed forces, combat capability of units, legal regulation of artificial intelligence, military personnel.

 

18. The Federal Law on Special Military Operations as an Act Aimed at Ensuring Public Safety.

Shenshin V.M., PhD in Law, Associate Professor, Senior Researcher, Center for Security Studies, Russian Academy of Sciences, opklex@mail.ru

Abstract. The study of the territorial principle of operation of martial law, emergency, civil defense, and territorial defense regimes allowed the authors to present arguments in favor of the adoption of the Federal Law "On Special Military Operations." The said law proposes to regulate the legal and organizational bases for the introduction, functioning, and duration of the special military operation regime, as well as the legal and organizational bases for the use of the National Guard troops of the Russian Federation in the field of special military operation. These recommendations will make it possible to streamline public relations in the sphere of the regime's territory, the powers of state authorities, state authorities of the subjects of the Russian Federation, local governments, and the specifics of restricting human and civil rights and freedoms. The regime of a special military operation stands at the junction of special legal regimes and special regimes for ensuring state and public security. The necessity of introducing amendments to the Russian legislation regulating public relations in the field of activity of the National Guard troops is substantiated.

Keywords: legal regime; martial law; emergency; civil defense; territorial defense; special military operation; national Guard troops; legal regulation; powers; state authorities; state authorities of the subjects of the Russian Federation; local governments, public safety.

 

19. The practice of legislatively enshrining the concepts of “defense-industrial complex” and “military-industrial complex” in the national defense laws of the CIS member states.

Redkous V.M., Leading Researcher of the Sector of Administrative Law and Administrative Process of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Legal Sciences, Professor, opklex@mail.ru

Abstract: Considering the issues of legal regulation of the functioning of the military-industrial complex in the Russian Federation, modern scholars note its fragmentation, the lack of normative integrity and consistency, conceptual dispersion, which leads to the inevitable conflict of legal norms, the absence of adequate regulatory potential, and attempts to circumvent regulatory requirements in the process of law enforcement. The need to systematize the regulatory and legal material in the field of legal regulation of the functioning of the military-industrial complex in the Russian Federation, its institutionalization within the framework of the legislation on defense and national security, requires comprehensive research using various methods, including comparative legal ones. This article examines the practice of enshrining the terms "defense-industrial complex" and "military-industrial complex" in the national defense laws of the CIS member states, which have similar legal systems and demonstrate unified approaches to the legal regulation of defense and security issues, their economic support

Key words: legal regulation; defense; defense capability; military-industrial complex; military-industrial complex; national security; state independence; territorial integrity; sovereignty; protection of the population; aggression; legislation; distribution of competence; economic support; comparative law