THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9

  ISSUE CONTENTS: 

 

1. Judicial System and Proceedings of the Great Patriotic War: Continuity of Experience.

Aulov V.K., Research Department of the Military University of the Ministry of Defense, Candidate of Law, Associate Professor, Associate Professor of the Department of the organization of judicial and law enforcement activities of the Russian State University of Justice named after V.M. Lebedev, opklex@mail.ru

Abstract: the paper proves that according to the American constitutional doctrine, civil society is organized and functions on the basis of the principle of separation of powers. In its antithesis, the armed forces, the principle of separation of powers does not apply.

This circumstance subordinates the principle of unity of command and establishes the military security of the United States as the primary value of American society. This approach fully justifies the reduction of procedural guarantees for participants in the jurisdictional procedure for the criminal prosecution of military personnel and compensates for the negative consequences of the separation of society in the American model of separation and interaction of powers into its "Civil" and "Military" parts.

Keywords: civil society, US military justice, principle of separation of powers, principle of unity of command, judicial practice of the Supreme Court of the United States, organization of US military judicial bodies, military security, primary value of society.

 

2. Information operations: military and legal aspects.

Polyakova T.A., Chief Researcher of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Professor, Distinguished Lawyer

Russian Federation, opklex@mail.ru

Konokhov M.V., Leading Researcher at the Institute State and Law of the Russian Academy of Sciences, Candidate of Law, opklex@mail.ru

Abstract: In the article, the authors conduct a comprehensive study of the military-legal aspects of information operations, the relevance of which is due to the exponentially increasing number of information-technical and information-psychological operations conducted by the collective West in the information space of the Russian Federation, further improvement of information-technical and information-psychological impact technologies for military purposes, as well as the absence of generally binding international contracts, regulating the conduct of information operations. These circumstances, according to the authors, indicate the need to improve the legal framework for countering information operations in the Russian information space, on the one hand, and the adoption of a global international treaty in the field of international information security, taking into account, among other things, the specifics of information operations, on the other hand. The authors also proposed to consider the formation of a third additional protocol to the Geneva Conventions, which regulates the specifics of the application of international humanitarian law in the information space. In the international arena of the Russian Federation, according to the authors, the information security discourse should be promoted, suggesting the need for legal formalization of the separation of information and psychological operations, taking into account the fundamental differences between the latter and information technology operations, including an initiative to ban the so-called combined information operations, that is, information and psychological operations using information technology.- technical means.

Keywords: information operations, information technology operations, information and psychological operations, international information security, military conflict, information security discourse, cybersecurity discourse, Conceptual views on the activities of the Armed Forces of the Russian Federation in the information space, Tallinn Manual on the Application of International Humanitarian Law to Cyber Operations, "International Humanitarian Law and Cyber Operations during armed conflicts: statement of the position of the International Committee of the Red Cross".

 

3. Russia's banking system under martial law.

Kukushkin V.M., Candidate of Law, Associate Professor Associate Professor, Department of Financial Law Ural State Law University, opklex@mail.ru

Annotation. This article examines the functioning of the Russian Federation's banking system under martial law. Current Russian legislation regulating banking activities, while to some extent addressing the need to ensure the functioning of the banking system under critical conditions, does not address the specifics of martial law. In this regard, certain proposals have been made that could ensure the state's financial security under martial law.

Keywords: banking system, banks, restrictions, security, martial law.

 

4. Legal regulation of establishing (determining) the causal relationship between injuries (wounds, trauma, contusions) and illnesses of military personnel and military service during 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

One of the goals of conducting a military medical examination, along with determining the category of fitness for military service, is to establish (determine) the causal relationship between injuries (wounds, trauma, contusions) and illnesses and military service (performance of military duties), which culminates in the preparation of written reports with appropriate wording. Recently, legal regulation of establishing (determining) the causal relationship between injuries (wounds, trauma, contusions) and illnesses of military personnel and military service during military medical examinations has undergone significant changes. Therefore, research into this issue is relevant and is conceptualized in this study. The author presents the norms governing the establishment (determining) of the causal relationship between injuries (wounds, trauma, contusions) and illnesses of military personnel and military service, and also puts forward proposals for improving legislation in this area.

Key words: provision of medical care, military medical examination, medical examination, investigation (trial), injury (wound, trauma, contusion), circumstances of injury, injury certificate, causal relationship, illness, performance of military service duties, military service.

 

5. The system of legal regulation of material (clothing) supply for federal executive authorities where military service is provided: comparative legal analysis and ways of improvement.

Zhiznevsky A.N., Candidate of Economic Sciences, opklex@mail.ru

Nabiev А.S., Lawyer, opklex@mail.ru

Baraev D.A., Lawyer, opklex@mail.ru

Abstract: вased on the analysis of law enforcement practice and a comparative legal analysis of the powers of federal executive authorities where military service is provided, this article examines the problems of legal regulation of material (clothing) supply. The authors identify an imbalance in the distribution of rulemaking powers between the Government of the Russian Federation and the «military and security agencies» (using the example of the National Guard of the Russian Federation). This imbalance leads to excessive timeframes for the preparation and approval of draft normative legal acts. Special attention is paid to duplication and discrepancies in legal norms for military personnel and internal service employees operating within the same agency but in different legal fields. As ways of improvement, the article proposes: transferring part of the powers from the federal to the agency level (by amending the relevant legislative acts), synchronizing the basic definitions of material (clothing) supply for all categories of civil servants, and creating a unified legal framework. The implementation of these proposals will increase the flexibility and efficiency of the system without additional budget expenditures.

 Keywords: material (clothing) supply, legal regulation, powers, Government of the Russian Federation, National Guard Troops, law enforcement practice, departmental rule–making.

 

6. Potyaev P.Yu., Lieutenant Colonel, Guards Candidate of Pedagogical Sciences, Professor of the Academy of Military Sciences, Deputy Head of the Department of Military and Political Work in the Troops (Forces) of the Far Eastern Guards Higher Combined Arms Command School named after Marshal of the Soviet Union K.K. Rokossovsky (Blagoveshchensk), opklex@mail.ru

Potyaeva E.N., Leading Specialist-Expert of the Human Rights Commissioner in the Amur Region, Master's Student of the Far Eastern Institute of Management of the Russian Presidential Academy of National Economy and Public Administration,

Legal education as a tool for social protection of military personnel and their families (based on the activities of regional human rights commissioners), opklex@mail.ru

Annotation. The article analyzes the activities of the Human Rights Commissioner's office in Russian regions aimed at providing legal education to military personnel and their families. It examines the organizational and legal foundations of this work, including the Federal Law "On the Status of Military Personnel." The authors address the challenges faced by combatants and their close relatives in exercising their rights, as well as the institutional and procedural mechanisms for protection. The study examines specific forms and methods of information dissemination used by regional ombudsmen, including special techniques for conveying legally significant information to military personnel. It also analyzes the system of interdepartmental cooperation with government agencies, law enforcement institutions, and civil society organizations in the context of legal education for military personnel. Based on the analysis of national and regional practices, the study develops scientifically grounded proposals for optimizing the legal education system, aimed at improving the effectiveness of protecting the rights and legitimate interests of military personnel and their families in modern socio-political conditions.

Keywords: military personnel, human rights, legal education, social guarantees, human rights commissioner, protection of rights, legal culture, and combatants.

 

7. Improving the Criminal Law Protection of Public Relations in the Field of Computer Information (Scientific and Practical Commentary on Federal Law No. 76-FZ of April 9, 2026).

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 Article 274.1 of the Criminal Code of the Russian Federation, aimed at ensuring the criminal law protection of public relations regulated by Federal Law No. 187-FZ of July 26, 2017, "On the Security of Critical Information Infrastructure of the Russian Federation". Based on the analysis of legislation and law enforcement practice, the author identifies the positive and negative aspects of the changes made to the criminal legislation.

Keywords: crimes against public safety and public order, crimes in the field of computer information, computer attack, critical information infrastructure, security of critical information infrastructure, subjects of critical information infrastructure, unauthorized interference on the critical information infrastructure of the Russian Federation.

 

8. On measures to counter crime in the field of disinformation about the activities of the armed forces of the Russian Federation and discrediting their actions.

Krasnikova E.V., PhD in Law, Head of the Department of Scientific Support for Prosecutorial Supervision and Strengthening the Rule of Law in the field of Federal security, Interethnic Relations and Countering Extremism, Research Institute of the University of the Prosecutor's Office, opklex@mail.ru

Zakomoldin R.V., PhD in Law, Associate Professor, Leading Researcher at the Department of Scientific Support for Prosecutorial Supervision and Strengthening the Rule of Law in the field of Federal security, Interethnic Relations and Countering Extremism, Research Institute of the University of the Prosecutor's Office, opklex@mail.ru

Annotation. The article is devoted to the analysis of a new type of crime in the field of disinformation about the activities of the Russian Armed Forces and the discrediting of their actions. The criminological aspect of this problem is analyzed. The focus is on a set of measures to counter this type of crime in the new transforming conditions.

Keywords: national interests, military security, information impact, disinformation, false information, fakes, discredit, special military operation, Armed Forces of the Russian Federation, crime, crime prevention.

 

9. Calls for restrictive measures against Russia: analysis of Article 284.2 of the Criminal Code of the Russian Federation.

Cherepanov R.V., Military Zhukov's Order Academy of the National Guard Troops of Russia, Military post graduate student of Professor and Doctoral Candidate at the Scientific Research Center, opklex@mail.ru

Abstract. The article provides a comprehensive criminal law analysis of the crime under Article 284.2 of the Criminal Code of the Russian Federation. It examines the normative genesis of the crime, which is related to the constitutional amendments of 2020 and Federal Law No. 127-FZ of June 4, 2018. The author argues for a two-object structure of the crime, where the main object is state sovereignty, and the additional object is the legitimate interests of the state, its citizens, and legal entities. Special attention is given to the specifics of the objective aspect (the concept of an "appeal", the absence of a requirement for publicity, and the role of administrative preclusion as a preventive filter) and the subjective aspect (the influence of selfish motives and acting for hire on the motivation of the act). The article concludes that Article 284.2 of the Criminal Code of the Russian Federation forms an independent area of criminal law protection for the external security of the state.

Keywords: state sovereignty, external security, sanctions, Article 284.2 of the Criminal Code of the Russian Federation, object of the crime, administrative preclusion, appeals, selfish motives, hiring actions.

 

10. Artificial intelligence as a factor in the transformation of the threat spectrum of the collective security of the collective security treaty

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, opklex@mail.ru

Kamyshansky D.Yu., lecturer of the department of legal support of national security, legality, law and order, Faculty of Law of the Institute of Law and National Security of the RANEPA under the President of the Russian Federation, member of the Expert Advisory Council under the Council of the Parliamentary Assembly of the Collective Security Treaty Organization, opklex@mail.ru

Annotation. The scientific article explores the impact of artificial intelligence (AI) technologies on the evolution of threats to the collective security of the Collective Security Treaty Organization (CSTO). It analyzes the dual nature of AI: on the one hand, as a tool for improving the efficiency of monitoring, forecasting, and countering traditional challenges (international terrorism, drug trafficking, illegal migration, etc.), and on the other hand, as an independent source of fundamentally new vulnerabilities. The article examines the transformation of the threat spectrum through the introduction of autonomous combat systems, the use of generative AI for large-scale information and psychological operations, the creation of deepfakes to discredit the military and political leadership of the CSTO member states, the use of algorithms for cyberattacks on critical information infrastructure, and the automated management of hybrid conflicts. The authors of the scientific article pay special attention to the problem of the so-called "black box" of neural networks, the lack of international legal regulation of lethal autonomous weapons systems, and the asymmetric nature of these threats, which allows non-state actors to achieve effects comparable to those of state military programs. Based on an analysis of the CSTO's strategic documents, the authors identify a lack of specialized mechanisms for responding to the challenges posed by the military and criminal use of AI. The article substantiates the need to create a unified digital ecosystem for secure operation, including the establishment of an AI Security Competence Center under the CSTO Secretariat, the development of a common doctrine for technological sovereignty, the unification of national legislation on protection against hostile AI algorithms, and the launch of joint research projects to develop domestic tools for detecting malicious models.

Keywords: artificial intelligence, collective security, Collective Security Treaty Organization, cyber threats, hybrid wars, information and psychological warfare, generative models, and digital security ecosystem.

 

11. The right of military space activities and the responsibility of states in its implementation

Plaksa V.N., PhD of Law, Senior Researcher SIC (Military Applied Research) Military University, opklex@mail.ru

Abstract. The recognition of the principle of non-proliferation of State sovereignty over outer space as a fundamental basis for the development of space law has made it possible to develop and adopt the entire existing legal framework for space exploration and use. The need to form an independent subject area, military space law, has become a consequence of the development of military space activities and the aspirations of the West to shift the arms race into space.

The article reveals the content of military activity in relation to outer space, highlights gaps in international legal regulation and analyzes the doctrinal foundations of State responsibility in its implementation, including in situations of armed conflict.

The author comes to the conclusion that issues of responsibility are relevant for military space activities, they are gaining new importance due to the increasing space activity of private entities, the increasing role of information and space support in the conduct of military operations, as well as the ongoing programs of states for the development and extraction of minerals on celestial bodies.

Keywords: law of military space activities; subjects of military activity; responsibility of States; jurisdiction of States over space objects; international humanitarian law.

 

12. Prosecution of war crimes on the basis of the principle of universal jurisdiction: practice of implementation and trends in the development of international legal regulation.

Puzyreva Yu.V., Scientific Secretary of the Dissertation Council 03.2.006.01 Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikot’ Candidate of Science (Law), Associate Professor, opklex@mail.ru

This article analyzes the legal foundations, specific features, and practical aspects of implementing the principle of universal criminal jurisdiction over serious violations of international humanitarian law (war crimes) through the prism of examining the legal nature of such jurisdiction and the conditions for its lawful application. It examines the interim results of the UN's codification work on developing the concept of universal jurisdiction, as well as doctrinal and legal approaches to its consolidation at the international and domestic levels in relation to war crimes. A critical analysis of contemporary international legal sources regulating cooperation between states in the investigation and prosecution of war crimes in accordance with the principle of universality is provided.

Keywords: universal jurisdiction, international crimes, armed conflicts, grave violations of IHL, war crimes, mutual legal assistance, Ljubljana-Hague Convention.

 

13. On a model for building competencies for defense industry specialists when interacting with artificial intelligence resources

Arakelyan K.E., Advisor to the General Director of JSC RT-Tekhpriemka, opklex@mail.ru

Chetverov V.V., Head of Big Data Analytics JSC RT-Tekhpriemka, opklex@mail.ru

Abstract. This article examines the fundamental shift in approaches to personnel training, taking into account a new revolutionary factor: the aforementioned impact of intelligent computer systems on the range of possible professions, as well as on the necessary knowledge and skills of relevant specialists.

Keywords: defense industry, artificial intelligence, personnel training.