THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
ISSUE CONTENTS:
1. "SMERSH" in the historiography of the great patriotic war: objectivity in the study of countering sabotage, terrorism and other forms of subversion to understand the significance of the Great Victory in modern realities.
Melnikova S.V., Senior Lecturer at the Department of Criminal Law and Criminology of the Moscow Regional Branch of the Kikot Moscow University of the Ministry of Internal Affairs of Russia, PhD in Law, 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: 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.
Abstract. The article is devoted to a historiographical analysis of the activities of the SMERSH ("Death to Spies") military counterintelligence agencies during the Great Patriotic War (1941-1945). Based on domestic and foreign scientific sources, archival materials and memoir literature, the evolution of historiographical assessments of the role of SMERSH in ensuring the security of the Red Army, countering enemy intelligence and sabotage activities, neutralizing agent networks and preventing terrorist acts is investigated. Special attention is paid to the problem of the objectivity of historical research, taking into account the influence of ideological factors of the Soviet and post-Soviet periods, as well as modern attempts to falsify the history of the Great Patriotic War. The authors substantiate the conclusion that the activities of SMERSH represented a system-forming element of the military security of the USSR, without which achieving the Great Victory in its specific historical forms would have been significantly difficult. The article updates the historical legacy of military counterintelligence in relation to modern challenges in the field of countering terrorism, sabotage and subversive activities of foreign intelligence services.
Keywords: SMERSH; military counterintelligence; The Great Patriotic War; historiography; countering sabotage; terrorism; subversive activities; falsification of history; The Great Victory; state security agencies.
2. The essence and features of the military fanaticism of the political leaders of the "collective West" and the neo-Nazi Kiev regime, which manifests itself in the conduct of a new type of hybrid war against Russia and other countries.
Melnik V.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Professor of the Department of Criminal Procedure at the Military University
Abstract: The article uses the methodology of system analysis, which includes a systematic and comprehensive approach, methods of expert assessments, applied psychoanalysis, and discourse analysis, as well as the conceptual framework of general and applied analytics, to examine the essence and characteristics of the military fanaticism of the political leaders of the "collective West" and the neo-Nazi regime in Kiev, which manifests itself in the new type of hybrid war against Russia and other countries.
Keywords: military conflicts, the law of military conflicts, military law, military fanaticism, and hybrid wars.
3. The impact of armed conflicts at sea on the existing world order and the modern law order.
Zhevnovaty S.V., applicant for the 25th department of the FSKVOU HE «Military University named after Prince Alexander Nevsky» of the Ministry of Defense of Russia, opklex@mail.ru
Abstract. Contemporary armed conflicts at sea are the driving changes in the existing world order, the rule of law, and the global economy. The impact of armed conflicts is felt across a variety of spheres: social, law, politics, and economics. Tendencies towards unjustified armed (violent) actions provoke counter-reactions from states, resulting in numerous casualties, including civilians, leaving a negative impact on global culture, education, and the environment.
The consequences of contemporary armed conflicts at sea are being felt by an increasing number of countries and markets worldwide. Thus, changes in the contemporary world order associated with armed conflicts at sea are leading to conflicts between economic sectors of different countries, revealing vulnerabilities and growth points in the global economy and politics.
Keywords: maritime areas, armed conflict, world order, law and order, continental shelf, international humanitarian law, security, sea.
4. On providing an employee of the Ministry of Internal Affairs or the National Guard with the opportunity to be appointed to another position in the event of a reduction in the previous position (reorganization or liquidation of the organization).
Kirichenko N.S., lawyer, Candidate of Law, opklex@mail.ru
Alexandrova N.G., 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, Candidate of Law, opklex@mail.ru
Popov A.A., lawyer, Candidate of Law, opklex@mail.ru
Abstract. The article discusses the possibility of allowing a law enforcement officer to continue working in other law enforcement agencies if their position is reduced.
Keywords: law enforcement agencies, law enforcement activities, law enforcement service.
5. Comparative analysis of the legal status of employees of organizations of federal executive authorities in which military service is provided by law.
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 provides a comparative analysis of individual provisions of the remuneration systems for employees of organizations of federal executive authorities in which military service is provided by law, as well as guarantees and compensations established by relevant industry agreements. The author identifies existing problems and contradictions and suggests ways to resolve them.
Key words: military organizations, employees, wage system, official salary, trade union, guarantees, compensation.
6. Defects of legal regulation governing social support measures for servicemen of the Federal Security Service who performed tasks to repel armed incursions in the border areas of the Russian Federation in regional legislation.
Sergeenko D.Yu., сandidate of legal sciences, senior research fellow, Center for Legal Studies, opklex@mail.ru
Vorobyev V.V., research fellow, Center for Legal Studies, opklex@mail.ru
Abstract. The article examines the problems of legal regulation of additional social support measures for servicemen of the federal security service bodies who performed tasks to repel armed incursions in the border areas of the Russian Federation. The key defects of regional legislation are identified: incomplete categorical consolidation, excessive territorial linkage of support measures, discrepancies between the laws of constituent entities and subordinate legal acts, as well as the untimely bringing of regional legislation into conformity with federal changes. Typical regulatory defects are systematized on the basis of judicial practice, including Thematic Review of the Supreme Court of the Russian Federation No. 1/2026.
Keywords: servicemen of the Federal Security Service; combat veterans; participants of the special military operation; armed incursions; social support measures; border areas; regional legislation.
7. Criminal and legal protection of the memory of the victims of the Genocide of the Soviet people during the Great Patriotic War (scientific and practical commentary to the Federal Law "On Amendments to Articles 243.4 and 354.1 of the Criminal Code of the Russian Federation" dated April 9, 2026, No. 100-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 amendments were made to Articles 243.4, 354.1 of the Criminal Code of the Russian Federation aimed at ensuring the criminal protection of public relations regulated by the Federal Law "On Perpetuating the Memory of the Victims of the Genocide of the Soviet People during the Great Patriotic War of 1941-1945" dated April 21, 2025 No. 74-FZ. 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: genocide; commemoration of the victims of the genocide of the Soviet people; The Great Patriotic War of 1941-1945; crimes against public health and public morals; destruction, damage or desecration of the graves of the victims of the genocide of the Soviet people; crimes against the peace and security of mankind; rehabilitation of Nazism; denial of the fact of the genocide of the Soviet people; approval of the genocide of the Soviet people.
8. Application of artificial intelligence technologies in the military sphere: gaps in legal regulation and the limits of criminal liability.
Zakomoldin A.V., Candidate of legal sciences, associate professor, Head of Educational Projects Business Education Center Tolyatti Chamber of Commerce and Industry, opklex@mail.ru
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. This article analyzes the legal regulation of autonomous weapons systems (AWS) in the context of the rapid autonomy of modern weapons, the widespread use of unmanned and robotic systems in modern conflicts, and the prospects for a transition from remotely controlled and semi-autonomous systems to systems capable of independently selecting and engaging targets. Definitions of AWS and criteria for "meaningful human control" are examined, and gaps in the chain of criminal liability associated with the autonomous use of force are identified. Particular attention is paid to distinguishing between remotely controlled, semi-autonomous, and fully autonomous systems, as the loss of human control over the critical functions of selecting and engaging a target constitutes the central criminal-legal risk. Proposals are formulated for improving Russian criminal legislation, international legal mechanisms, departmental regulations, and technical standards aimed at maintaining meaningful human control over the use of force.
Keywords: international humanitarian law, military law, military security, defense, military criminal law, criminal liability, military operations, means of warfare, artificial intelligence, neural networks, autonomization of weapons, autonomous weapons systems, combat robots.
9. Military-combat criminal law: need for further improvement (unauthorized withdrawal from combat, refusal during combat to use military and special equipment, weapons, ammunition or other weapons, and abandoning to the enemy the means of combat).
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: The article substantiates the need to criminalize crimes against military service committed only in wartime or in a combat situation, such as: unauthorized withdrawal from combat, abandonment of combat formation, withdrawal from occupied combat (firing) positions or refusal during combat to use military and special equipment, weapons, ammunition or other weapons and abandonment of the means of conducting combat operations to the enemy.
Key words: military criminal law, military criminal legislation, military combat criminal law, unauthorized withdrawal from combat, abandonment of combat formation, withdrawal from occupied combat (firing) positions, refusal to use military and special equipment, weapons, ammunition, armament during combat, abandonment of means of conducting combat operations to the enemy
10. The procedure for military service as a specific object of crimes against military service: concept, content, and significance.
Vlasov S.Yu., Lecturer at the Department of Criminal Law of the Military University, judge Retired Federal Court Colonel justice reserve, opklex@mail.ru
Annotation. The article examines the content and significance of the criminal law concept of the procedure for military service as a specific object of crimes under Articles 337–339 of the Criminal Code of the Russian Federation. According to the author, the emergence of the concept under study is a clear example of how a doctrinal concept developed by the theory of military criminal law was first supported in the law enforcement practice of military justice bodies and later found its official recognition in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 11 dated May 18, 2023, "On the Practice of Courts' Consideration of Criminal Cases on Crimes Against Military Service."
Keywords: the procedure for military service, the specific object of crimes, unauthorized leaving of a military unit, desertion, and evasion of military service duties by feigning illness or by other means.
11. On the forms of attracting expert knowledge in crime investigation.
Malina V.P., Junior Researcher of the Research Institute Military History, opklex@mail.ru
Abstract: The article discusses current approaches to the classification of forms of special knowledge used in criminal proceedings and analyzes their practical significance for investigative and expert activities. Special attention is paid to modern methods (digital forensics, genomic technologies, and artificial intelligence) and the challenges of their implementation.
Keywords: military law, special knowledge, expertise, expert, specialist, criminal proceedings, crime investigation, legal proceedings, procedural forms, non-procedural forms.
12. Comparative Legal Analysis of the Activities of Investigative Bodies in the Armed Forces and National Guard Troops of the Russian Federation.
Kibalin D.S., Associate Professor of the University's Research Center, opklex@mail.ru
Abstract. The article provides a comprehensive comparative legal analysis of the activities of the investigative bodies in two key paramilitary structures of Russia: The Armed Forces and the National Guard Troops. Based on an analysis of criminal procedure legislation, departmental regulations, and scientific research, the article examines the common features and identifies significant differences in their legal status, competence, and organization of procedural activities. Special attention is given to the delineation of powers between traditional investigative bodies (commanders of military units) and specialized military police units, and the effectiveness of the existing model is evaluated. Based on a comparative legal analysis of the investigative model implemented in the Armed Forces of the Russian Federation, the article identifies systemic problems specific to the National Guard Troops, such as the lack of a specialized investigative body and detailed departmental regulation, insufficient training of investigators, conflicts of interest in the exercise of powers by commanders of military units, and legal uncertainty regarding employees who are not covered by existing regulations. The article substantiates the need for institutional and regulatory reform and suggests possible directions for improving criminal procedure activities in the National Guard Troops.
Keywords: investigative bodies, Armed Forces of the Russian Federation, Russian National Guard, National Guard Troops, military police, military unit commander, investigative body, investigator, criminal procedure.
13. Legal restrictions on military-space activities and nuclear detention.
Plaksa V.N., Candidate of Legal Sciences, Senior Researcher Research Center (Military-Applied Research) Military University, opklex@mail.ru
Abstract. The article is devoted to the study of the development of the contractual basis for restrictions on the production of tests, the proliferation and use of nuclear weapons in the context of the norms regulating the military-space activities of states. The author of the article analyzes the norms of international treaties and the international practice of global nuclear deterrence, taking into account the international legal restrictions on the use of outer space and the common international understanding of the need to prevent the threat of nuclear annihilation.
The author concludes that at the current time, the benefits of possessing nuclear weapons outweigh the legal risks associated with their possible use. States are actively engaged in the military exploration of outer space.
14. Military Law Education in the System of Training Military Personnel and Personnel for the Military Police of the Armed Forces of the Russian Federation.
Mintyagov S.A., lawyer, teacher, opklex@mail.ru
Abstract. The creation and development of the military police institution of the Armed Forces of the Russian Federation as a professional law enforcement agency within the army structure has revealed the need for a specific educational model. Traditional military education is insufficient for the implementation of the authority of the investigative body, as well as in other areas of law enforcement (administrative and disciplinary proceedings, and prevention of offenses). The scientific understanding of the system of military-legal training for military police personnel is relevant due to the need to create a unified educational standard or approaches that combine military discipline with legal competencies.
Keywords: military police, military legal education, personnel training, foreign experience.
15. Military legal knowledge of the legal regulation of military medical examinations within the framework of military legal knowledge (military legal research) in the field of medical care for military personnel.
Naumov P.Yu., Candidate of Pedagogical Sciences, Assistant to the Chief of the Hospital for Legal Affairs, Senior Researcher at the Department of Scientific and Strategic Development of Primary Health Care at the National Medical Research Center for Therapy and Preventive Medicine of the Ministry of Health of the Russian Federation, opklex@mail.ru
Kholikov I.V., Doctor of Law, Professor, Chief Researcher at the Center for International Law and Comparative Legal Research, Professor at the Department of International Law at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor at the Military University, opklex@mail.ru
Abstract. The study of the legal regulation of medical care for military personnel (members of their families and persons discharged from military service) of the Armed Forces of the Russian Federation, other troops, military formations and bodies, in the system of military legal knowledge is a structural component of military-social law, organically included in military law as a whole. One of the relevant areas in the structure of military-legal research on the legal regulation of medical care is the military-legal understanding of the conceptual foundations of conducting military medical examinations in the Russian Federation, since the results of such an examination depend on the performance of military service (dismissal from it), the provision of guarantees (including compensation and insurance payments), the determination of the causes of disability, guarantees for housing and pension provision, and numerous other issues. This article is devoted to the study of the characteristics of military-legal knowledge of the legal regulation of military medical examinations in the structure of military-legal knowledge (military-legal research) on the medical care of military personnel. Based on the purpose, objectives and methodology of the study, the work presents the relevant scientific military-legal results and generalizations.
Keywords: scientific rationality, military service, structure of military law, military-social law, military-legal knowledge, military-legal research, medical support for military personnel, medical care, medical examination, military medical examination (medical-flight examination), military medical (medical-flight) commission, determination of fitness category, establishment of causal relationship, determination of severity of injuries.
16. Consolidation of the State Defense Order Management: Institutionalization of the Role of the Head of the Defense Industry Organization for the State Defense Order.
Oblachinsky I.V., Lawyer, opklex@mail.ru
Abstract: The article analyzes the systemic problems of the decentralized approach to managing the implementation of the State Defense Order (SDO). The necessity of introducing a specialized position of "Head of the SDO" is substantiated in order to centralize responsibility, reduce risks, and increase the economic efficiency of defense industry enterprises. The key functions of the new role, the economic justification for its implementation, and the creation of a system for professional certification of specialists in this field are considered.
Keywords: State defense order (SDO), risk management, contract system, pricing, separate accounts (OSA), Ministry of Industry and Trade of Russia, Federal Antimonopoly Service of Russia, Bank PSB (Promsvyazbank), professional certification, enterprise efficiency.