THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
ISSUE CONTENTS:
1. Legal Status and Disciplinary Responsibility of Cadets.
Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru
Abstract: The article discusses the legal status of cadets, vice-sergeants, the problems associated with the uncertainty of such status, and possible ways to solve them, including proposals for improving legislation.
Keywords: Legal status of cadets, vice-sergeants, legal personality of cadets, emergence and termination of the legal status of cadets, rights and obligations of cadets, disciplinary responsibility of cadets, rules of residence in cadet educational organizations.
2. Historical and legal analysis of the phenomenon of terror as an instrument of war policy.
Goloskokov L.V., opklex@mail.ru
Santashov A.L., opklex@mail.ru
Sukhondyaeva T.Yu., opklex@mail.ru
Abstract. Using examples from various countries and time periods, this article examines the historical and legal process of terror's emergence as a tool of foreign and domestic policy. It examines the causes, preconditions, and conditions of its emergence, its selective use in foreign and domestic policy, for governing the state, and for gaining and maintaining power.
Key words: terror, state, law, war politics, management, war, instrument, method, institution.
3. Legal regulation (law enforcement) and problematic aspects of modern armed conflicts at sea, considering the activities of the Russian Navy during a special military operation.
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, Doctor of Law, Professor, opklex@mail.ru
Zhevnovaty S.V., applicant of 25 Chair at Military University named after Prince Alexander Nevsky Ministry of Defense of Russia, opklex@mail.ru
Abstract. The legal regulation of armed conflicts at sea is a relevant area of military legal study due to trends in contemporary armed confrontation on a regional and global scale. Special military operations and aggressive actions by NATO and US naval forces in various regions of the world raise issues not only regarding the adequacy of international legal regulation of armed conflicts at sea but also regarding actual law enforcement, when legal norms are applied and interpreted distortedly by military-legal entities. The article examines the issues of legal regulation and law enforcement in contemporary armed conflicts at sea, considering the activities of the Russian Navy and the navies of foreign states, including during special military operation. Also, the military legal mechanisms for resolving them and mitigating their consequences in the short and long term are proposed. It is noted that contemporary legal regulation of armed conflicts at sea must consider the essential characteristics of armed confrontation, where traditional forms of armed violence are being replaced by hybrid and proxy forms of forceful confrontation. In this regard, military-legal methods of preventing armed conflicts at sea seem to be the most acceptable.
Keywords: military operations, armed conflicts, law of armed conflicts, international humanitarian law, armed conflicts at sea, modern weapons, hybrid warfare, information and psychological warfare.
4. The main contradiction of the modern era, which the "collective west" is trying to resolve in its favor by implementing a neo-colonial globalist ideology and politics, and its continuation in the form of modern neo-nacist hybrid wars of a new type.
Melnik V.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Criminal Procedure at the Military University, opklex@mail.ru
Abstract. Continuing the series of articles on the topic "The neo-colonial globalist ideology and policy of the 'collective West', its continuation in the form of neo-Nazi hybrid wars as the most dangerous manifestations of anomie that hinder the progressive development of international relations in the spirit of the principles and norms of international law and pose a threat of the destruction of humanity in a nuclear war", the author uses the methodology of system analysis, the systemic-functional and systemic-synergetic aspects of the systemic approach, as well as the comprehensive approach and the method of expert assessments in this article.
5. Hybrid methods in the conduct of hostilities as an integral component of contemporary international armed conflicts.
Rodionov A.E., graduate student, The Institute of Legislation and Comparative Law under the Government of the Russian Federation, Chief Specialist, Institute for the Development of Vocational Education, opklex@mail.ru
Annotation: The article examines the evolution of hybrid methods in the conduct of hostilities, including cyberattacks, information-psychological influence, economic pressure, and other forms of subversive activities that exert systemic impact on state sovereignty and the international legal order. Based on comparative legal analysis, the experience of various states in countering hybrid threats is studied. The necessity of adapting the Russian legal system to new challenges and threats is substantiated, taking into account that hybrid methods of confrontation have transitioned from the theoretical to the practical dimension, requiring a comprehensive strategic response encompassing military-political, legal, and technological measures. The conclusion is drawn on the need for priority consideration of the issues of countering hybrid influences within the national security system due to the existential nature of the threat.
Keywords: military conflicts, hybrid warfare, information law, cyber-attacks, cyber defense, international law, national security, sovereignty, Special Military Operation, existential threat.
6. On the legal regulation of the use of support and decision-making systems in military formations.
Glukhov E.A., Candidate of Law, Associate Professor, Associate Professor at the Northwestern Institute of Management RANEPA, opklex@mail.ru
Mitrofanov M.V., Doctor of Technical Sciences, Associate Professor, Associate Professor at ITMO University, opklex@mail.ru
Abstract: The article examines the problems of integrating electronic records management technologies and intelligent decision support systems into the practice of military command authorities, as well as issues of their regulatory and legal support. Along with the advantages of converting official document flow to digital format, the author outlines the range of legal relations requiring legislative regulation to improve the quality of management processes and compliance with the established rights of military personnel. The issue of delineating responsibility between the entity authorized to make decisions, the algorithmic system generating a version of such a decision, its administrator and the creator of the software product is also discussed separately.
Keywords: military command, digital records management, intelligent decision support systems, digital law, report, balance of responsibility, unity of command, document coordination, reduction of bureaucratic burden, management automation.
7. On the responsibilities of military personnel related to the prevention and resolution of conflicts of interest.
Baranenkova I.V., PhD in Law, Associate Professor, opklex@mail.ru
Abstract: the article provides a description of the responsibilities of military personnel in connection with the occurrence or potential occurrence of a personal interest that leads or may lead to a conflict of interest; suggestions for improving legal regulation, including measures to prevent any possibility of a conflict of interest, as well as to notify of the occurrence of a personal interest that leads (may lead) to a conflict of interest.
Keywords: personal interest, conflict of interest, duties of military personnel in connection with the occurrence or possibility of a conflict of interest, taking measures to prevent any possibility of a conflict of interest, and notification of personal interest.
8. Transformation of provisions on establishing (determining) the causal relationship between injuries (wounds, trauma, contusions) and illnesses of military personnel and military service during the conduct of a military medical examination.
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. The article examines the general characteristics of the rules governing the determination (establishment) of causality and changes in the procedure for determining (establishing) causality of injuries (wounds, trauma, contusions), diseases with military service (performance of military service duties (official duties), recently introduced into the Regulation on military medical examination by the Decree of the Government of the Russian Federation of August 29, 2025 № 1314. Their theoretical, legal and comparative legal characteristics are consistently disclosed, and the features of the new rules for determining (establishing) causality are summarized.
Key words: medical activity, medical examination, military medical examination, medical examination, diagnostics, investigation procedure, military legal investigation, causal relationship, social guarantees and compensation, injury (wound, trauma, contusion), disease, performance of military service duties.
9. Problems of legal regulation of the National Guard's performance of public security functions related to the implementation of martial law, state of emergency, and the legal regime of counter-terrorism operations.
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 National Guard troops, within the limits of their assigned powers, perform security tasks. martial law, state of emergency, and the legal regime of counter-terrorism operations. The study of the legislation allowed the author to come to the following conclusions: 1) the legislation does not always provide for the use of national guard troops, replacing them with the federal executive authority, the Russian National Guard; 2) the management of the state military organization is carried out not only by the President of the Russian Federation, but also by the Government of the Russian Federation, and in the event of a state of emergency throughout the Russian Federation, it is placed under the operational command of the federal executive authority determined by the President of the Russian Federation; 3) the legislation on martial law, state of emergency, and ensuring the legal regime of a counter-terrorism operation contains “vague” norms that provide for the powers of troops, based on the tasks and measures applied by officials; 4) the identified gaps in legal regulation provide grounds for amending certain regulatory legal acts, including the Regulations on the National Guard. The above-mentioned issues affect the effectiveness of public security forces in ensuring a specific regime.
Keywords: public safety; national guard troops; state military organization; Rosgvardia; President of the Russian Federation; Government of the Russian Federation; martial law regime; state of emergency regime; legal regime of a counter-terrorism operation; powers; forces and means; gaps in legal regulation.
10. Implementation of the principle of unity and differentiation in labor law using the example of defense- industrial employees.
Potapov A.V., head of corporate governance Department of the UES JSC, assistant of the Department of Labor Law of the Faculty of Law of the Lomonosov MSU, Ph.D. in law, opklex@mail.ru
Potapova N.D., PhD in Law, Associate Professor of the Department of Labor Law and Social Security Law, Kutafin Moscow State Law University (MGUA, opklex@mail.ru
Abstract. Based on the analysis of current legislation, the article formulates the specifics of the legal regulation of labor relations with employees of the defense-industrial complex, identifies general and special grounds for differentiating the legal regulation of labor in relation to this category of employees.
Key words: defense-industrial complex, labor, unity and differentiation of legal regulation of labor relations, social entrepreneurship.
11. Features of the implementation of monthly social payments to children of certain categories of military personnel.
Zaykov D.E., Associate Professor, Department of Legal Theory, Civil Law and Civil Procedure, Law Institute, Russian University of Transport, Associate Professor, PhD in Law, opklex@mail.ru
Annotation. The article examines the features of legal regulation by departmental legal acts of the procedure for assigning and implementing monthly social payments to children of certain categories of military personnel who have been captured or are missing, identifies its problems of interpretation and law enforcement, and suggests ways to resolve them.
Key words: military personnel, monthly social benefits, children of military personnel, place of residence, the cost of living.
12. The return of pre-trial detention facilities to the FSB of Russia (scientific and practical commentary to the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation" dated July 23, 2025, No. 239-FZ).
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, according to which pre-trial detention facilities of the central subordination of the Federal Penitentiary Service of Russia are transferred to the FSB of Russia, which, in turn, is given the authority to detain suspects and accused of committing crimes, the authority to deliver and escort them to participate in investigative actions, court proceedings, to protect these persons, execution of criminal penalties in the form of imprisonment and certain other powers. Based on the analysis of legislation and law enforcement practice, the author identifies the positive and negative sides of the amendments made to criminal, penal enforcement, criminal procedure and other branches of legislation.
Keywords: detention, accused, suspect, investigative actions, imprisonment, execution of criminal penalties, pre-trial detention center, FSB of Russia, FSIN of Russia.
13. Genocide: Criminal Legal Characteristics of the Corpus Delicti and Problematic Issues of Its Qualification.
Chuchulaeva A.I., Postgraduate Student, Centre for Criminal and Criminal Procedure Law, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The article provides a criminal legal analysis of the corpus delicti of genocide (Article 357 of the Criminal Code of the Russian Federation) in its correlation with international legal norms. The history of the concept, the elements of the offence (object, objective side, subject, subjective side), as well as the most complex issues of qualification are examined: differentiation from related offences (murder on extremist motives, crimes against humanity), proof of special intent (dolus specialis), forced transfer of children, age of the subject, and forms of complicity. Special attention is paid to the debate on expanding the range of protected groups (political, ideological) and on including "cultural genocide" in the disposition of Article 357 of the Criminal Code of the Russian Federation.
Keywords: genocide, dolus specialis, special intent, qualification, Convention on the Prevention and Punishment of the Crime of Genocide, Article 357 of the Criminal Code of the Russian Federation, murder on the motive of national hatred, crimes against humanity, cultural genocide.
14. Penal enforcement policy on the re-socialization of convicts who participated in hostilities.
Novokshonov D.V., PhD in Law, Associate Professor, Head of the Department of Industry and Legal Disciplines of the University, opklex@mail.ru
Abstract: The article examines the transformation of the penal enforcement policy of the Russian Federation in the context of a special military operation concerning the re-socialization of convicts who took part in hostilities. The evolution of the regulatory framework is analyzed. The contradictions between the formal nature of the grounds for release from punishment and the objective need for mandatory post-conflict support are revealed. Based on historical parallels with the period of the Great Patriotic War and the 1953 amnesty, the risk of a delayed criminogenic effect is substantiated. Proposals are being formulated to improve the policy, including the introduction of mandatory probation. Consolidation of continuity between the commander of a military unit and the activities of probation authorities, as well as the creation of differentiated escort programs.
Keywords: penal enforcement policy, re-socialization, special military operation, convicts, probation, double re-socialization contingent, post-conflict criminogenic syndrome
15. Threats to the spiritual and moral values of the Collective Security Treaty Organization member states in the current conditions and measures to counter them.
Kudashkin A.V., Head of the Interdisciplinary Center for Legal Studies in the Field of Defense and the Defense-Industrial Complex, Chief Research Fellow at the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, kud64@mail.ru; Kamyshansky D.Y., senior lecturer at the Faculty of Law, chairman of the Council of Young Scientists at A.S. Griboedov Moscow University, member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization, kamyshanski_dmitri@mail.ru.
Abstract. The scientific article examines the range of threats to the spiritual and moral values of the member states of the Collective Security Treaty Organization (CSTO) in the context of modern geopolitical turbulence. The authors analyze the key challenges arising from globalization processes and informational-psychological impacts. Particular attention is paid to the necessity of developing unified approaches to protecting the civilizational code of the Eurasian space. The authors of the scientific article emphasize that ensuring spiritual security is a fundamental condition for maintaining domestic political stability, strengthening defense capability, and effectively countering modern hybrid threats.
Keywords: Collective Security Treaty Organization, CSTO, member states of the CSTO, spiritual and moral values, security, cognitive aggression.
16. Military-spiritual administration as part of military law: history and modernity. Р. 1 (taking into account the experience of a special military operation).
Ovcharov О.А. Associate Professor, Candidate of Law, Professor of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, Deputy Chairman of the Synodal Department for Cooperation with the Armed Forces and Law Enforcement Agencies, opklex@mail.ru
Abstract: This article examines the sources of law governing the military-spiritual sphere, the cooperation between command and religious associations to protect, preserve, and strengthen traditional Russian spiritual and moral values, ideals, and faith in God, and the sources of law designed to counter growing threats in the military-spiritual sphere, including the exercise of control over this important area of military-social relations. Particular attention is paid to the gradual formation within the military legal system of a relatively independent sub-branch of law—military-spiritual administration—which is particularly relevant in the context of special military operations and the military confrontation between Russia and Western states seeking, through the use of hybrid warfare techniques, means, and methods, to destroy the spiritual and moral foundations of the defense of the Fatherland, the country's defense capability, military duty, and military service, as well as to undermine the morale and fighting spirit of the troops. Specific problems are identified, solutions are proposed, and the need for further improvement of the military-spiritual sphere of military law, military-spiritual administration, and the institution of military clergy in Russia is substantiated.
Keywords: military law, military-spiritual administration, military service, military clergy, special military operation, spiritual needs of soldiers, spiritual support of personnel, military-spiritual confrontation, morale of troops.
17. The specifics of anti-terrorism security measures for enterprises within the military-industrial complex: an overview from the perspective of supervisory authorities.
Aliev R.I., Novosibirsk State University, Senior lecturer of the Department of Legal Support of Market Economics, Faculty of Economics; Prosecutor's Office of the Novosibirsk Region, Senior assistant to the Novosibirsk Prosecutor for supervision of the enforcement of laws at high-security facilities,
Abstract. The matter of the terrorist threat targeting enterprises within the military-industrial complex of the Russian Federation is currently of critical urgency and constitutes a significant challenge, necessitating heightened attention. This article proposes a comprehensive set of measures aimed at ensuring the anti-terrorist security of such enterprises, which constitute a vital component of the state's economic system while simultaneously upholding its defensive capabilities and overall security.
Keywords: Military-industrial complex, security, anti-terrorism security, organization, legal regulation, supervisory activities