THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11
ISSUE CONTENTS:
1. International armed conflict: important aspects in modern conditions.
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., expert in the field of military law of the USA and European countries, PhD, USA, opklex@mail.ru
Abstract: The article examines important aspects of armed conflicts, including the legal regime of third states in armed conflict and the problems of their legal regulation.
Keywords: war, military law, international armed conflict, special military operation.
2. Legal provision of information security of the military organization of the state as a means of achieving victory in a military conflict.
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 military organization of the state. The author concludes that the legal provision of information security of the Armed Forces of the Russian Federation, other troops, military formations and bodies is essential to achieve victory in a military conflict. The author proposes to supplement the subject of the science of military law with a section that includes issues of legal provision of information security of the military organization of the state and the use of information and communication technologies for military purposes. The author also proposes the formation of a Concept of legal provision of information security in the field of defense, the main component of which should be a section dedicated to ensuring information security of the military organization of the state.
Keywords: information security, defense, military law, information and technical security, information and psychological security, military organization, Armed Forces of the Russian Federation, military conflict.
3. Peculiarities of remuneration for the secondment of employees of military units in the territory of the Donetsk People's Republic, Luhansk People's Republic, Zaporizhia region and Kherson region.
Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure of the Law Institute of the Russian University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article examines the specifics of the legal regulation of sending employees of military units and organizations of the Armed Forces of the Russian Federation on official business trips in the territory of the Donetsk People's Republic, Luhansk People's Republic, Zaporizhia region and Kherson region, identifies problems of interpretation and law enforcement, and suggests ways to solve them.
Key words: special military operation, business trip, employees, average earnings, daily allowance.
4. Disciplinary arrest: the evolution of legal regulation.
Koryakin V.M., Doctor of Law, Professor, Professor of the Federal State Educational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. The article discusses issues related to the application of the most severe disciplinary measure to military personnel — disciplinary arrest with detention in the guardhouse. The evolution of the legal regulation of the application of disciplinary arrest to military personnel is presented — from the period when the commanders from the company commander and above had the right to apply this disciplinary measure, to its application exclusively in court and to granting the right to use it in a special military operation to the commanders of military units in an extrajudicial manner. Some gaps and contradictions of legal acts containing legal norms on disciplinary arrest have been identified, and ways to overcome them have been proposed.
Keywords: disciplinary arrest; military discipline; disciplinary responsibility; special military operation; guardhouse.
5. On the recovery of funds from military personnel and persons dismissed from military service as unjust enrichment: examples of court decisions.
Barannikov M.M., lecturer at the Russian State University of Justice, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Abstract: The authors of the article, through a review of court decisions, considered some issues of legal regulation of the recovery of funds paid to military personnel and persons dismissed from military service in connection with their military service.
Keywords: military service, military serviceman, unjust enrichment, recovery of funds, military courts, judicial practice.
6. Actual problems of legal regulation of disciplinary legal relations in the field of concealment by commanders of information about the commission of crimes by military personnel subordinate to them in the service and ways to solve them.
Anikushin S.V., Lecturer at the Department of Criminal Procedure and Criminalistics of the Faculty (command) Military Order of Zhukov Academy of the National Guard of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru
Annotation: the article analyzes the content of gross disciplinary misconduct, which establishes the disciplinary responsibility of commanders for concealing information about the commission of a crime, an administrative offense or a disciplinary offense of practical legal significance by a military subordinate. It is proposed to adjust its content taking into account the need to establish the responsibility of commanders not only for concealing the facts of crimes and other offenses committed by subordinate military personnel, but also in relation to themselves (subordinate military personnel), as well as civilian personnel.
Keywords: unity of command, commanders, superiors, subordinates, disciplinary responsibility, gross disciplinary misconduct.
7. The role and place of the national guard troops of the Russian Federation in suppressing mass disorders in the conditions of the «hybrid war».
Zubarev N.V., lawyer, opklex@mail.ru
Abstract: The article examines the conditions of the outbreak of mass riots, their stages and the likely nature of the actions of violators. The place of the troops of the National Guard of the Russian Federation in suppressing mass riots that may arise during a public event in the context of the West waging a "hybrid war" against Russia has been determined.
Keywords: National Guard troops, hybrid war, fundamentals, rights, freedoms, citizen.
8. Protection of the rights and social guarantees of participants in a special military operation and their family members as a priority area of activity of the prosecutor's office (based on materials from prosecutorial practice).
Manannikov D.Yu., PhD in Law, opklex@mail.ru
Annotation. Based on the study of the existing prosecutorial practice, the article analyzes the supervision of the implementation of laws in the implementation of social rights, benefits and guarantees of military personnel (other participants in a special military operation) and their family members. It is noted that prosecutorial supervision in the above-mentioned area has transformed into a separate and priority area of activity of the prosecutor's office. The adopted legislative measures, as well as the specifics of the current situation in the country and abroad, require the prosecutor's office to make changes to the priority areas of its activity.
Key words: special military operation, combat actions, prosecutor, supervision, military personnel, appeals, protection, rights, social guarantees.
9. Features of the legal regulation of lump-sum payments provided for by Decree of the President of the Russian Federation No. 181 dated March 11, 2024 «On additional Social guarantees for certain categories of persons».
Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure of the Law Institute of the Russian University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article examines the specifics of the legal regulation of the procedure for the appointment and implementation of lump-sum payments provided for by Decree of the President of the Russian Federation No. 181 dated March 11, 2024 "On additional social guarantees for certain categories of persons", identifies problems and suggests ways to solve them.
Key words: civilian personnel, employees, special military operation, social guarantees, lump sum payment
10. On the right of a military man with an academic degree to additional living space provided for ownership.
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
Kirichenko N.S., lawyer, Candidate of Law, opklex@mail.ru
Popov A.A., lawyer, Candidate of Law, opklex@mail.ru
Abstract. In this article, based on the analysis of the Federal Law "On the Status of military personnel", the issue of granting military personnel with an academic degree the right to additional space while providing them with residential premises for permanent residence is considered. Also, in conclusion, proposals were made to improve the legislation regulating the legal relations in question.
Keywords: military personnel, housing provision for military personnel, housing provision, military service, social guarantees for military personnel, living space.
11. Features of determining the level of security of the total area of residential premises, in order to recognize certain categories of citizens specified in the law in need of residential premises.
Nieder S.A., Senior Lecturer at the Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru
Stepanov S.A., Candidate of Legal Sciences, Associate Professor Head of the Department Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru
Kabanova Z.Yu., Candidate of Legal Sciences, Associate Professor Associate Professor of the Department Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru
Abstract. The article considers the issues of recognizing certain categories of citizens specified in the law as needing residential premises, in light of the adoption by the Constitutional Court of the Russian Federation (hereinafter referred to as the CC RF) of the definition of February 27, 2024 No. 423-O. Analyzing the provisions of the legislation (taking into account their interpretation prior to the adoption of this definition by the CC RF) and judicial practice, we substantiate our point of view on the procedure for determining the level of provision with the total area of living space per family member (hereinafter referred to as the level of provision with the OPZHP) for the purpose of recognizing citizens as needing residential premises, according to which all citizens who have the right to use residential premises are subject to registration, regardless of the presence or absence of registration (at the place of residence) in it. The article considers a different position of the CC RF, provides a rationale for disagreement with it, and proposes amendments to the housing legislation.
Key words: residential premises, right of use, residence, registration (at the place of residence), owner, level of security
12. A new system of remuneration for employees of military units and organizations of the Armed Forces of the Russian Federation.
Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure of the Law Institute of the Russian University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru
Annotation. The article considers the draft order of the Minister of Defense of the Russian Federation, updating the legal regulation of relations on remuneration of employees of military units and military organizations of the Armed Forces of the Russian Federation. The author analyzes the proposed changes, identifies problems and suggests ways to resolve them.
Key words: civilian personnel, employees, remuneration system, official salary, district coefficient.
13. Improvement of criminal legislation in the field of protection of the foundations of the constitutional system and state security.
Eermolovich Ya.N., Doctor of Legal Sciences, 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 comments on the latest changes in criminal legislation on criminal liability for the activities of a foreign or international organization, in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation, the author identifies the positive and negative sides of changes in criminal legislation.
Keywords: national security; the foundations of the constitutional system; state security; a foreign or international non-profit non-governmental organization; a foreign organization; an international organization; undesirable activities of a foreign or international organization.
14. On the impact of a special military operation on criminal liability and criminal punishment of military personnel and persons equivalent to them.
Zakomoldin R.V., Candidate of Legal Sciences, Associate Professor, Research Associate of the Research Institute University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru
Abstract. The article is devoted to the analysis of the current state and development prospects of domestic military criminal legislation. The influence of a special military operation on criminal liability and criminal punishment of military personnel is analyzed. The inevitability of the transformation of military criminal legislation is noted, however, it is indicated that such work should be systemic, universal and oriented towards the long-term perspective.
Key words: crimes against military service, criminal liability of military personnel, time and circumstances of the crime, special military operation.
15. On judicial review in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation based on the materials of the study of decisions of military courts.
Morgulenko E.A., Candidate of Law, Associate Professor, Associate Professor of the Department of Criminal Law of Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Kharitonov S.S., Candidate of Law, Professor, opklex@mail.ru
Abstract: The article provides an overview of judicial practice, through which criminal procedural problems are presented when making judicial decisions on complaints sent to the court in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation.
Keywords: judicial procedure for considering complaints; serviceman; military courts.
16. Criminal liability for violation of the statutory rules for performing internal service and patrolling in the garrison. Questions of qualification of crimes against the procedure for performing special types of military service (scientific and practical commentary on the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 18, 2023 No. 11 «On the practice of courts considering criminal cases of crimes against military service»).
Ivanov A.L., Head of the Department of Criminal Law and Criminology Candidate of Legal Sciences, docent Sukharev Moscow academy of the Investigative Committee of the Russian Federation, opklex@mail.ru
Abstract: The article comments on the explanations on the uniform application of the norms of military criminal legislation (Chapter 33 of the Criminal Code of the Russian Federation), given in the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 18, 2023 No. 11 “On the practice of courts considering criminal cases of crimes against military service” based on the results of the study and generalizations of investigative and judicial practice and judicial statistic.
Key words: special types of military service, internal service, patrolling in the garrison, general military regulations.
17. Prospects for revising the norms of the Disciplinary Charter of the Armed Forces of the Russian Federation before the start of a special military operation.
Suhondyaeva T.Yu., Candidate of Law, Associate Professor, Associate Professor of the Federal State ducational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Abstract. The article analyzes proposals from military command and control bodies to amend the content of the Disciplinary Charter of the Armed Forces of the Russian Federation before the start of a special military operation, the norms and principles of law enshrined in the last two editions of the charter, as well as the Federal Law “On the peculiarities of the application and execution of disciplinary arrest in relation to military personnel taking part in a special military operation,” which are potentially of interest for the further process of revising general military regulations. As shown by the changes subsequently made to the Disciplinary Charter in 2024, a significant part of the proposals of the military command and control bodies were implemented.
Keywords: Disciplinary regulations of the Armed Forces of the Russian Federation, interaction between military and law enforcement agencies, monetary incentives for military personnel, the power of the commander, military discipline, disciplinary sanctions.
18. On the regional regulatory and legal regulation of the procedure for educating the population on fire safety measures and informing the population about fire safety measures.
Shenshin V.M., Candidate of Law, Associate Professor, Associate Professor of the Department of Theory and History of State and Law of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia named after Hero of the Russian Federation, General of the Army E.N. Zinichev, opklex@mail.ru
Peregudova N.V., Head of Department, Federal State Budgetary Institution, All-Russian Research Institute of Fire Protection, Ministry of Emergency Situations of Russia, opklex@mail.ru
Abstract: In the presented study, the author analyzes the regional regulatory regulation of the procedure for educating the population on fire safety measures and informing the population about fire safety measures.
Keywords: fire safety; informing, instructing, educating the population; Ministry of Emergency Situations of Russia.
19. 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.