THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


  ISSUE CONTENTS:  

  

1. Air Force: role, goals, objectives and application laws of hostilities in military operations.

Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru

Melnik N.N., expert in the field of US military law, countries of Europe and China, PhD, USA, opklex@mail.ru

Abstract: The article deals with the use of the Air Force, its role, objectives and tasks at the strategic, operational and tactical levels, and the law of armed conflict in Air Force operations.

Key words: Air force, armed conflict, military operation

 

2. Islamic law of warfare.

Aubekov A.Z., 3d year cadet of the Military University named after the Prince Alexander Nevsky Ministry of Defense of the Russian Federation, opklex@mail.ru

Norenko I.V., аssociate Professor of the Department of Theory and history of the State and the rights of the Military University named after the Prince Alexander Nevsky Ministry of Defense of the Russian Federation, candidate of Legal Sciences, opklex@mail.ru

Annotation. The article raises the topical issue of not contrasting Christianity and Islam, points to their unity on the fundamental issues of the humanitarian orientation of the development of human civilization (service to humanity in the traditional sense and rejection of the ideas of Satanism). The author of the article actually opposes Islamism (in its Abrahamic (human) orientation) and radical Islamism (as a "perversion", an incorrect interpretation of the original teachings of the Prophet). The author of the article justifies his position not only by references to religious and theoretical sources, but also by practical examples, including examples of the participation of Muslims in a special military operation in Ukraine.

Keywords: Abrahamic religions, Christianity, Islam, radical Islamism, Islamic law of warfare, special military operation, international humanitarian law

 

3. The legal basis for the use of artificial intelligence in the performance of service and combat tasks by military personnel and employees of the National Guard troops in the face of Western sanctions pressure.

Grigonis V.P., Associate Professor of the Department of Theory and History of State and Law, Candidate of Legal Sciences, Associate Professor of St. Petersburg University State Fire Service of the Ministry of Emergency Situations of Russia, opklex@mail.ru

Nosov N.V., lawyer, opklex@mail.ru

Zubarev N.V., lawyer, opklex@mail.ru

Abstract: this article examines the essence of artificial intelligence and analyzes the legal foundations, as well as the possibilities of using artificial intelligence systems in the interests of the performance of service and combat (combat) tasks by the troops of the National Guard of the Russian Federation.

Keywords: National Guard troops, artificial intelligence, robot, legal regulation, legislation.

 

4. Topical issues of prosecutorial supervision over the implementation of laws to curb the spread of narcotic drugs and psychotropic substances in military collectives.

Zavidov N.G., Candidate of Legal Sciences, Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Annotation. Annotation. The article discusses the organization of prosecutorial supervision in the context of a special military operation by the Armed Forces of the Russian Federation aimed at strengthening law and order. The historical analysis of the formation and development of the military prosecutor's office, as well as the analysis of the experience of the military prosecutor's office for the enforcement of legislation during the Great Patriotic War. The assessment of the main directions of supervision over the execution of laws in the conditions of a special military operation by the troops is given.

Key words: prosecutor's offices, prosecutor's supervision, the Armed Forces of the Russian Federation, legal means of prosecutor's supervision.

 

5. On judicial practice in cases related to the dismissal of military personnel from military service.

Mironov V.S., opklex@mail.ru

Kharitonov S.S., opklex@mail.ru

 

6. Permissive activity of Rosgvardiya in the sphere of arms trafficking in order to ensure transport security.

Melkonyan D.A., postgraduate student of the Russian University of Transport, opklex@mail.ru

Annotation. The theoretical, legal and practical aspects of the permissive activities of the Rosgvardiya in the field of arms control in the field of transport security units, which on a legislative basis are granted the right to use weapons and special means when performing their assigned tasks, are considered. It is shown that, by carrying out control and licensing activities in this area, Rosgvardiya indirectly participates in ensuring one of the most important types of national security of the Russian Federation - transport security, defined as the state of protection of objects of the country's transport complex from acts of unlawful interference. Some problematic issues in this area are shown, proposals for improving the legal regulation of the public relations under consideration are formulated.

Keywords: licensing activities; control and supervisory activities; licensing; transport security; act of unlawful interference; trafficking in weapons and ammunition; special means.

 

7. Features of the legal status of military personnel of the Military Police of the Armed Forces of the Russian Federation.

Mintyagov S.A., lawyer in the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), opklex@mail.ru

Abstract. The article examines the features of the legal status of military personnel of the military police of the Armed Forces of the Russian Federation based on the analysis of current legislation, scientific publications, as well as law enforcement and judicial practice.

In conclusion, the author presents his position on the issue under study, as well as proposed measures to improve legislation in this area.

Key words: military police, legal status, legality, powers.

 

8. Sanitary audit of military service conditions at servicemen’s workplaces: current state and trends.

Tsutsiev S.A., Doctor of Medicine, Retired Medical service Colonel, senior research officer of FSBI “State Scientific Research and Test Institute of Military Medicine”, Ministry for Defence of Russian Federation, opklex@mail.ru

Abstract. It was demonstrated in the present article that legislative and other statutory and regulatory acts determining the career structure in the Russian Armed Forces did not give a comprehensive answer to the following question: “What specific unfavorable military service factors do servicemen have to face at a particular workplace, the existing health risk and statutory social guarantees in this regard?” Sanitary audit of military service conditions in places where servicemen perform their official and special duties (workplaces) is an applied tool to enable comprehensive answers to these and many other questions handled in the format of military service security, but most importantly, to provide the final assessment in terms of harmful and dangerous warrior's trade. However, due to the imperfection of the current model of the military service security management system, at present, the procedure of military service conditions’ sanitary audit at servicemen’s workplaces is outdated and not fully complied with the assigned tasks, thus inadvertently increasing the likelihood of health damage and of it’s severity, up to the death. The paper’s authors are convinced that it was time to identify hazards and corresponding occupational risks at workplaces in a scientific way, using instrumental study methods with a subsequent sanitary audit.

Key words. Sanitary audit, military service conditions, military labor, workplace, security, military service factors, health and/or safety hazard, danger, occupational risk, unacceptable risk.

 

9. On some issues of monetary incentives for military personnel performing the tasks of a special military operation.

Krasikov S.S., lawyer, opklex@mail.ru

Abstract: the article discusses the issue of monetary incentives for military personnel taking part in a special military operation.

Incentivizing military personnel performing tasks associated with risks to life and health is an integral part of the work of the command staff of subunits, military units and military command and control bodies within the limits of their authority, aimed at increasing the efficiency of the use of troops.

The author does not intend to consider in the article personal motivation when participating in a special military operation of military personnel of the Armed Forces of the Russian Federation, other authorities where military service is provided, and volunteers. The article will specifically discuss the issue of monetary incentives for participants in a special military operation.

Stimulating military personnel by establishing benefits, allowances, bonuses and an increased level of pay for many of them is not the last priority. Military personnel leaving for combat missions must know that the state will take care of their families.

Key words: Monetary allowance, bonus for the destruction of enemy equipment, participation in active offensive operations, monetary incentives.

 

10. Persons who are dependent on a serviceman as members of his family.

Shmareva T.A., PhD in Law Associate Professor of the Department of Civil Law FSBEI HE "Udmurt State University", opklex@mail.ru

Annotation: the article is devoted to the concept of a person who is dependent on a serviceman as a member of his family, who is subject to benefits and guarantees provided for by current legislation. The author analyzes the available judicial practice on this issue, draws attention to the problems associated with the lack of a clear legislative definition of a person who is dependent on a serviceman, and suggests ways to solve them.

Keywords: a person who is dependent on a serviceman, a family member of a serviceman.

 

11. New judicial practice on the qualification of crimes against military service (scientific and practical commentary to the resolution of the Plenum of the Supreme Court of the Russian Federation "On the practice of consideration by courts of criminal cases on crimes against military service" dated 05/18/2023 No. 11).

Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», opklex@mail.ru

Annotation. The article comments on the resolution of the Plenum of the Supreme Court of the Russian Federation issued for the first time "On the practice of consideration by courts of criminal cases on crimes against military service", identifies the positive and negative sides of the new interpretation of the practice of applying criminal law norms on crimes against military service and punishments imposed on military personnel.

Keywords: criminal law, military criminal law, military law, military criminal law, criminal liability, military personnel, crimes against military service, punishments imposed on military personnel, judicial practice.

 

12.  Fulfillment of military service duties as a constituent sign of abuse of official powers.

Fartukov D.N., candidate of sociological sciences, senior lecturer of the department of criminal procedure and criminology of the Saratov Military Order of Zhukov Red Banner Institute of the National Guard of the Russian Federation, lieutenant colonel of justice, opklex@mail.ru

Chukin D.S., senior lecturer of the department of criminal procedure and criminology of the Saratov Military Order of Zhukov Red Banner Institute of the National Guard of the Russian Federation, lieutenant colonel of justice, opklex@mail.ru

Summary: The article analyzes the signs of the corpus delicti provided for in Article 286 of the Criminal Code of the Russian Federation. It is stated that the performance of military service duties is in constructive connection with the other signs of the objective side of the crime, and is mandatory for the qualification of the act as abuse of official authority. However, this position is not always confirmed in the decisions of military courts. It is recommended to make appropriate changes to the official opinion of the Supreme Court of the Russian Federation, expressed in the Resolution of October 16, 2009 G. No. 19 "On judicial practice in cases of abuse of official powers and abuse of official powers".

Keywords: military service, performance of military service duties, abuse of official authority, motive of crime, organizational and administrative functions, functions of a representative of the authorities.

 

13. Criminal punishment: modern reality military judicial practice.

Rakov A.V., Candidate of Legal Sciences, senior lecturer at the Military University, opklex@mail.ru

Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru

Abstract: The article is devoted to the issues of imposing criminal punishment by military courts on persons found guilty of committing crimes.

Key words: judicial practice of military courts, sentencing, criminal liability of military personnel

 

14. On compensation for damage caused by damage (loss) of property transferred to a military unit free of charge.

Kirichenko N. S., Lawyer, opklex@mail.ru

Alexandrova N.G., Candidate of Law, 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, opklex@mail.ru

Vologzhina Yu.V., teacher of the Department of Life Safety and Fundamentals of Military Training, VSU, opklex@mail.ru

Abstract: currently, the provision of assistance to military units and their subdivisions in the form of gratuitous transfer of property has become widespread. Very often, such property is transferred to the zone of performance of service and combat tasks during a special military operation. At the same time, sometimes questions arise, how to treat such property as belonging to a military unit or not? The answer to this question affects whether a serviceman who has damaged (lost) is liable to prosecution such property. And if so, what kind of such responsibility should a serviceman be involved in (material or civil)? In this article, we will try to find answers to these questions on the basis of legislative and other regulatory legal acts of the Russian Federation, as well as personal professional law enforcement experience.

Keywords: military service, military personnel, legal responsibility of military personnel, financial responsibility of military personnel, civil responsibility of military personnel, special military operation, property accounting, accounting.

 

15. Liability for damage or destruction of someone else's property.

Nazarova I.S., candidate of legal sciences, associate professor, Head of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov Institute of the National Guard of the Russian Federation, opklex@mail.ru

Bezuglova E.S., assistant to a municipal deputy, opklex@mail.ru

Klyanchina M.S., assistant lawyer, opklex@mail.ru

Abstract: The article discusses the issue of liability for damage or destruction of property of other persons, analyzes judicial practice and legislation, defines categories of damage and mechanisms for compensation of losses, types of liability. The importance of correctly determining responsibility for damage or destruction of property to ensure law and order and protect property rights is emphasized.

Keywords: damage; destruction; property.

 

16. Codification of Chinese civil legislation: research methods, history, theory and practice.

Melnik N.N., expert in the field of US military law, countries of Europe and China, PhD, USA, opklex@mail.ru

Abstract: In the Chinese concept, understanding the role of law and its relationship with the institutions of the state is important for understanding the meaning of the institutions of military law. As Professor A. N. Savenkov noted, "the reconstruction of the main approaches to substantiating the role of law in its correlation with the importance of state-power institutions is an essential condition for understanding the civilizational processes of the state and law in modern conditions and the search for adequate means and ways of manifesting existing threats and challenges." This conclusion can be attributed to the branch of civil law of the People's Republic of China, during the development and codification of the branch of law, a compromise was found in the combination of civilizational processes and the preservation of traditions and philosophy of law, on which the Chinese economic model and its legal regulation are based.

Keywords: China, civil law, civil legislation, history, theory, practice, research.

 

17. On the applicability of the principle of «non bis in idem» in the implementation of measures of legal responsibility of participants in contractual relations in the field of procurement of goods, works, services for the needs of military organizations.

Baylieva A.S., postgraduate student of the Russian University of Transport, opklex@mail.ru

Koryakin V.M., Doctor of Law, Professor, Professor of the 25th Department of the Prince Alexander Nevsky Military University of the Russian Ministry of Defense, opklex@mail.ru

Annotation. The article gives a general description of the principle of non bis in idem, according to which no one can be punished twice for the same offense. The article presents a scientific and practical commentary on the legal position of the Supreme Court of the Russian Federation, set out in the Ruling of the Judicial Board for Economic Disputes dated August 12, 2022 No. 305-ES22-3373 in case No. A40-43815/2021. The Supreme Judicial Body considered erroneous the conclusions of the lower courts in this case that by collecting a penalty, the customer intends to bring the contractor to re-responsibility for violations for which an administrative penalty was imposed. The fundamental differences between an administrative fine as a measure of administrative responsibility of participants in contractual relations and a fine (penalty) are shown as a form of civil liability for improper performance of obligations under a contract (state contract). Some proposals are proposed to improve the legislation on the contract system in terms of the legal liability of the parties to the state contract.

Keywords: the principle of «non bis in idem»; state contract; contract system in the field of procurement of goods, works and services for state needs; civil liability; administrative liability of participants in contractual relations; administrative fine; fine (penalty).

 

18. On measures to develop consumer supervision of suppliers in the aircraft industry.

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

Arakelyan G.K., opklex@mail.ru

Annotation. Supervisory activity in any sphere of the economy is special, requiring the involvement of highly qualified specialists and strict regulation of this process. The article reveals the current state of regulation of the process of supervision of consumers over suppliers in the aircraft industry and presents proposals for its improvement.

Keywords: supervisory activity, aircraft industry, legal regulation.