THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. On the ratio of administrative and military rights: is there a discussion in science?
Kudashkin A.V., Head of the Interdisciplinary Center for Legal Research in the Field of Defense and the Military-Industrial Complex of the IGP RAS, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N.N., an expert in the field of international military law of the United States, China and European countries, PhD (USA), opklex@mail.ru
Abstract: The article discusses the issues of discussion on the subject and method of legal regulation of administrative and military law.
Keywords: administrative law, military law, subject, method of legal regulation.
2. Legal problems of providing humanitarian assistance to participants of a special military operation.
KoryakinV.M., Doctor of Law, Professor, Professor of the Federal State Educational Institution of Higher Education "Russian University of Motorsport", opklex@mail.ru
Annotation. The article examines problematic issues that arise when organizing the activities of public associations, charitable, volunteer and other organizations to provide humanitarian assistance to military personnel and other persons participating in a special military operation. The conclusion about the insufficiency and inconsistency of the legal regulation of these issues is substantiated, the author's definition of the concept of "humanitarian assistance" in relation to the conditions of a special military operation is presented, ways to improve legislation on humanitarian assistance and charity addressed to participants in hostilities and their families are proposed.
Keywords: special military operation; humanitarian aid; voluntary donations; charitable activities; volunteering; material and social security.
3. On new guarantees for participants in a special military operation.
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Theory and History of State and Rights, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation, Army General E.N. Zinicheva, opklex@mail.ru
Popkov D.V., Candidate of Economic Sciences, Associate Professor, Department of Law, St. Petersburg State University of Architecture and Civil Engineering, opklex@mail.ru
Abstract: The presented study focuses on the innovations of Russian legislation in the field of providing various guarantees to participants in a special military operation and their family members.
Keywords: special military operation, benefits, housing, medical care, combat veteran, social support measures, family members.
4. Current issues of legal provision of information security in the field of defense.
Konokhov M.V., leading researcher of the Institute States and Rights of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru
Abstract: In the article, the author analyzes the current issues of legal provision of information security of the Russian Federation in the field of defense. The author notes that these issues become most relevant during military conflicts, which is quite convincingly demonstrated by the experience of a special military operation conducted on the territory of Ukraine since 2022. The author comes to the conclusion that it is necessary to form a Strategy for ensuring information security in the field of defense, which is proposed to include the following structural elements: the legal basis for ensuring information security in the field of defense, the main threats to information security of an information-technical and information-psychological orientation, ensuring information security in peacetime and in wartime; provision of information technology and information and psychological security, as well as a number of other topical issues of legal provision of information security in the field of defense.
Keywords: information security, defense, national security, Military Doctrine of the Russian Federation, Information Security Doctrine of the Russian Federation, information and technical security, information and psychological security, military organization, Armed Forces of the Russian Federation.
5. Qualified legal assistance: classification of the subjects of its provision and the effectiveness of their work.
Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, opklex@mail.ru
Annotation. The reader is invited to classify the subjects of providing qualified legal assistance simultaneously according to several criteria that do not exclude each other and are not compared with each other as primary and insignificant. The article calls into question the conclusions about the success of the experiment on the provision of free legal aid by state law bureaus and provides evidence of a high degree of influence of lawyers on neutralizing threats to national security when they provide legal assistance.
Keywords: lawyer, qualified legal assistance, legal clinics, subjects of qualified legal assistance, state law offices, non-governmental centers of free legal assistance.
6. The ratio of administrative-jurisdictional and service-combat activities of the internal troops of the ministry of internal affairs of the republic of Belarus.
Asayonok B.V., Associate Professor of the Department of Criminal Law Disciplines of the Educational Institution "Federation of Trade Unions of Belarus "International University "MITSO", opklex@mail.ru
Bruyako A.N., Candidate of the Department of Constitutional and Administrative Law of the Academy of Management under the President of the Republic of Belarus, opklex@mail.ru
The article deals with the issue of the ratio of administrative-jurisdictional and service-combat activities of the internal troops of the Ministry of Internal Affairs of the Republic of Belarus. Based on the analysis, their differentiation is carried out. The authors of the work draw conclusions that do not contradict the approaches that have developed in science in this direction, but only complement and develop them.
Keywords: jurisdiction in administrative law, administrative jurisdiction, administrative-jurisdictional activity, administrative activity, internal troops, subjects of administrative-jurisdictional activity, subjects of law.
7. Increasing the state duty when applying to the courts: prerequisites and consequences.
Zaikov D.E., Associate Professor of the Department of “Theory of Law, Civil Law, Civil Procedure” of the Law Institute of the Russian Federation University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article discusses changes in tax legislation in terms of increasing the amount of state duty and establishing new types of it when applying to arbitration courts and courts of general jurisdiction. The author analyzes the prerequisites, the specifics of the adoption procedure and the legal consequences of these innovations.
Key words: state duty, arbitration courts, courts of general jurisdiction, benefits, military unit.
8. Benefits and guarantees for military personnel serving under contract and having disabled children.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru; Makarenko K.V., doctor of historical sciences, professor
Abstract. The article discusses the benefits and guarantees provided to military personnel serving under contract with disabled children. The author critically evaluates the current procedure for providing military personnel with additional days off to care for children with disabilities and proposes improvements. The author argues that it is necessary to remove the requirement in paragraph 2 of Article 32 of the Regulations on military service that the second parent (legal guardian, trustee) of the disabled child must be employed.
Key words: serviceman, the legal status of a serviceman, social protection for disabled children, support for families with children with disabilities.
9. On the implementation of additional social guarantees for military personnel participating in a special military operation.
Kravchenko M.S., PhD in Law, Associate Professor of the Department of Military Law of the Military Training Center at the Russian State University of Justice, opklex@mail.ru
Kharitonov S.S., PhD in Law, Professor, opklex@mail.ru
Abstract. The article covers some practical issues of implementing the right of military personnel serving under contract to receive payments for injury (trauma, concussion, mutilation). An analysis of the legal norm securing the right of family members of a deceased participant in a special military operation to a lump sum payment is given.
Keywords: special military operation, lump sum payment, military personnel.
10. On taking into account mitigating circumstances for unauthorized abandonment of a military unit or place of service in the context of a special military operation.
Kolesov M.V., PhD in Law, Senior Lecturer of the Criminal Law Department of the Military University, opklex@mail.ru
Kharitonov S.S., PhD in Law, Professor, opklex@mail.ru
Abstract: The article examines the practical aspects of mitigating punishment for unauthorized abandonment of a military unit or place of service. Military courts have a vital goal, which is aimed at imposing a fair punishment on everyone who deserves it, especially in the context of participation in military operations.
Keywords: criminal liability of military personnel; criminal punishment; unauthorized abandonment of a military unit; mitigating circumstances.
11. Military-forceful impact of law on systems of social relations: international and domestic aspects.
Kudashkin V.V., State Secretary of Rosoboronexport JSC, leading researcher in the civil and business law sector of the Institute of State and Law of the Russian Academy of Sciences, Doctor of Law, Honored Lawyer of the Russian Federation, opklex@mail.ru
Annotation: Law, which is a superstructure over a specific society and state, through their legal system, included in the superstructure of the system of international relations - international law, is objectively used as a means of ensuring one’s own state interests and suppressing the interests of the opposing state. In modern conditions, armed confrontation, in addition to traditional (combat), also has other components, which are sometimes decisive for achieving the goals of a military conflict. Among them is the legal component of armed confrontation (the “combat” component of military law).
Key words: military conflict, hybrid war, law, legal struggle, legal violence, international relations, intrastate relations victory, armed struggle, systemic connections, system.
12. On the historical and legal aspects of the formation of the institute of international legal responsibility of military-political alliances.
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
Baymyshev V.G., master degree student at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The role of military-political alliances (MPA) in the modern system of international relations is steadily increasing. In an attempt to change the world order and impose a rules-based world order, Western countries and the MPAs they have created are trying to take over the functions of the United Nations (UN) and violate the generally recognized norms of international law. Thus, the issue of creating an effective instrument for regulating international legal responsibility in order to maintain peace and stability, based on the central role of the United Nations, is becoming relevant. The article emphasizes the importance of the branch of international responsibility law designed to regulate the behavior of states and their alliances in wars and conflicts, ensure justice and guarantee compensation for damage to the injured parties. An analysis of the stages of MPA development from ancient times to the present day is carried out. A conclusion is made about the need for further progressive development of the law of international responsibility of military-political alliances.
Keywords: international law, international responsibility, international organizations, military alliances.
13. New world order: Russia's position.
Aznagulova G.M., doctor of law, head of theory, history and philosophy chair, chief researcher of the department of law theory and interdisciplinary research of legislation of the Institute of legislation and comparative law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The past requires comprehension of experience, the present is the sphere of practical activity, and the future dictates the use of methods of philosophical phenomenology and the scientific development of vital goals that should reflect the content of public policy, covering all spheres of human activity and society. This factor determines the inextricable connection and unity of politics, domestic and international law, organically connected with the phenomenon of international relations.
Reality is determined by the high hierarchical level of significance of interest in the system of intrastate social relations in the context of human rights, transposed to the international level, where a reasonable combination of various interests rests on the contradiction of the absolute of state sovereignty and the constitutionalization of current international law, which is difficult to resolve today, manifested in dialectical confrontations in the geopolitical activities of national states .
The significantly increased interest in the teachings of Immanuel Kant on international law in recent years is associated with the widespread information war, which has a hybrid nature, the impossibility of regulating this area by international law, and actualizes Kant’s idea of eternal peace, which would be supported by a union of free states to eliminate wars and resolve international conflicts. Whatever the motives of the parties, they can only be based on their sovereign will.
Keywords: new world order, constitutionalization of international law, interests in law, state interest, geopolitical realism, dialogue of civilizations.
14. Russia and the Baltic states: contradictions and prerequisites for the creation of new international legal mechanisms for the protection of cultural values.
Grinchenko A.N., Research Fellow at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru
Abstract. The article analyzes domestic and foreign doctrine on the issue of protecting Soviet monuments located in the Baltic States. Particular attention is paid to the aggravation of the political confrontation between Russia and the Baltic States, which led to the transformation of the practice of implementing international legal mechanisms for the protection of cultural values using the example of the destruction of the Monument to the Soldiers of the Soviet Army - Liberators of Soviet Latvia and Riga from the Nazi Invaders. The author attempts to resolve the contradictions considered by proposing the creation of new international legal mechanisms for the protection of cultural values through alienation.
Keywords: monuments, cultural values, international legal mechanisms of protection, Russian Federation, Baltic countries, contradictions, alienation of cultural values.
15. On the interaction of the Federal Service of the National Guard Troops of the Russian Federation with the Collective Security Treaty Organization.
Shenshin V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation Army General E.N. Zinicheva, opklex@mail.ru
Abstract: The CSTO not only protects the participating countries from external threats, its tasks include the prevention of "color revolutions", the fight against terrorism and drugs. The Organization plays a key role in ensuring security in Central Asia. One of the striking examples of the CSTO's successful work is the peacekeeping operation in Kazakhstan in 2022, when the republic, with the support of its allies, managed to repel an attempt by terrorists to overthrow the legitimate government. For the first time at the scientific level, the presented study focuses on the role and place of the Russian Guard in cooperation in the CSTO in this context.
Keywords: National Guard troops; Rosgvardiya; color revolution; fight against terrorism and drugs; national security; peacekeeping operation; CSTO member States.
16. Qualified legal assistance in special periods: improvement options.
Aulov V.K., PhD in Law, Associate Professor, Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, opklex@mail.ru
Annotation. The article outlines an option for improving qualified legal assistance in special periods based on expanding the range of persons who can be invited or allowed to participate in criminal proceedings as a defender or are required to participate in civil, administrative proceedings, or in other cases prescribed by law by appointment of bodies of inquiry, bodies of preliminary investigation or court. The author considers it expedient to give strictly defined categories of employees of the FSSP of Russia the right to provide qualified legal assistance as a lawyer during special periods.
Keywords: lawyer, qualified legal assistance, FSSP of Russia, subjects of qualified legal assistance, special periods, improvement of the legal mechanism of qualified legal assistance, defense of military defendants in criminal cases, legal counsel (lawyer) on the staff of the tribunal in the USSR.
17. Problems of legal regulation of medical procedures when an employee is given access to state secrets.
Zaikov D.E., Associate Professor of the Department of “Theory of Law, Civil Law, Civil Procedure” of the Law Institute of the Russian Federation University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. In the article, the author examines the specifics of the legal regulation of medical examination (examination) and mandatory psychiatric examination by employees when they are appointed to a position where work is associated with the use of information constituting a state secret, as well as analyzes the problems that arise and suggests ways to solve them.
Key words: state secret, admission, mandatory psychiatric examination, medical examination, employees.