THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
ISSUE CONTENTS:
1. Historical consciousness as a new theater of war.
Savenkov A.N., Director of the Institute of State and Law of the Russian Academy of Sciences, Corresponding Member of the Russian Academy of Sciences Doctor of Law, Professor, opklex@mail.ru
Abstract: The article notes that the current stage is characterized by a high level of historical revisionism and revanchism, a complete substitution of concepts. We can talk about the emergence of a new form of war, which is no longer limited to the traditional spheres of military conflict – land, sea and air; even space and cyberspace. The new battleground will be the cognitive sphere. The victory in the mental war is to reset or erase the national history, language and culture.
The example of the European Parliament resolutions of September 19, 2019 and January 17, 2024 demonstrates the commitment of Europeans to the path of invasion not only into the minds, but also into the souls of mankind. The Resolution on "European Historical Consciousness" is a guide to transnational historical memory with the aim of creating an ideal transnational or supranational European.
As a result, it is stated that the wave of disinformation launched by Western countries is aimed at making our citizens perceive reality in a distorted light. This applies not only to the events taking place now, but also to historical facts, which are largely based on the cultural foundations of our identity. In this situation, it is important to contrast insinuations with a clear, objective view of modern events.
Keywords: cognitive wars, historical consciousness, historical enlightenment, historical truth, falsification of history, European resolution, fight against Nazism.
2. The law of military conflicts: basic concepts taking into account the special military operation.
Kudashkin A.V., Head of the Department of Military Law and a full member of the Academy of Military Sciences, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Annotation. Report at the international military-technical forum "Army 2024" at the IV scientific and practical conference on the topic: "Topical issues of the development of military law in the context of a special military operation".
Key words: military law, army, special military operation
3. Some aspects of the development of military law, taking into account the experience of conducting a special military operation.
Bezbabnov O.G., Head of the Legal Department of the Ministry of Defense of the Russian Federation – Head of the Legal Service of the Armed Forces of the Russian Federation, opklex@mail.ru
Annotation. Report on military-technical development “Army 2024” at the IV scientific and practical conference on the topic: “Current issues in the development of military law in the context of a military operation”
Keywords: military law, law of military conflicts, special military operation.
4. Transformation of law under the influence of hybridized forms of military confrontation.
Kudashkin V.V., State Secretary of Rosoboronexport JSC, Chief Researcher of 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. In international relations; The-United States and its allies have chosen the forceful path to realize their own interests. In relations with weak countries, the path is armed violence, leading to the destruction of states. With strong states, due to the threat of a nuclear war, the path of hybridized forceful suppression of the corresponding states has been chosen. This violence is a modern form of military violence, which is based not on the means and methods of armed confrontation, but on violence designed to destroy the system of intrastate relations and deprive the political form of a particular society of its main quality - sovereignty. The modern face of military conflict is fundamentally different in that military violence is carried out using all means available in the arsenal of states. 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.
5. On the legal status of «new» and «traditional» participants in armed conflicts in international humanitarian law.
Chernyadyeva N.A., Doctor of Law, Professor of the Department of State Legal Disciplines Crimean branch of the Russian State University of Justice, opklex@mail.ru
Abstract. The article reveals the peculiarities of the legal status of some categories of participants in armed conflicts. The author shows by analyzing the norms of international humanitarian law, devoted to volunteers and mercenaries. The issue of the possibility of classifying representatives of terrorist groups, participating in military actions, as participants in armed conflicts is considered separately.
Keywords. Participant in armed conflicts, international humanitarian law, volunteers, mercenaries, terrorist groups, terrorists.
6. Problematic aspects of the definition of the concept of «wartime», solutions.
Taradonov S. V., Sc. Law, docent, the professor of the Theory and History of State and Law Department of the Military University, opklex@mail.ru
Annotation. The article examines approaches to the definition of the concept of «wartime», identifies the problems of legal regulation of this special regime; suggests ways to improve legislation defining the beginning and end of wartime.
Key words: wartime, military conflict, war, armed conflict, military operations, military operations.
7. Topical issues of the legal status of citizens of the Russian Federation who joined volunteer formations in conditions of mobilization and martial law.
Vorobyov A.A., teacher of the 25th department, Military University, opklex@mail.ru
Annotation. At the present stage of development of Russian society, there is a tendency to increase the social activity of citizens, organizations that participate in volunteer (volunteer) and charitable activities in various spheres of society. The issue of legal regulation of this activity remains relevant in the context of various legal regimes. Especially during periods of mobilization, martial law, wartime, participation in armed conflicts, and counterterrorism operations. In this connection, an urgent issue is the need for scientific understanding of the legal foundations of voluntary assistance to citizens in fulfilling the tasks assigned to the Armed Forces of the Russian Federation, their legal status.
Key words: volunteering; volunteer formations; citizens staying in volunteer formations; legal status of a volunteer.
8. Legal regulation of status of citizens staying in volunteer formations.
Sibileva O.P., Master of Jurisprudence, course officer-teacher of the Military Institute (Naval Polytechnic) of the Naval Academy named after Admiral of the Fleet of the Soviet Union N.G. Kuznetsov, opklex@mail.ru
Annotation. The article considers the legal status of citizens staying in volunteer formations as combinations of their rights, duties, responsibility and guarantees. The major focus is given to the study of the latest changes in the military legislation of the Russian Federation. On the basis of a systematic analysis and formal-legal approach, the legal nature of the contract on staying in a volunteer formation (on voluntary assistance in performing tasks assigned to the Armed Forces of the Russian Federation) is determined.
Keywords: Armed Forces, volunteer formations, volunteers, legal status, special military operation, contract of stay in a volunteer formation, contract of military service, employment contract, civil contract.
9. Revision of the norms of the Disciplinary Charter of the Armed Forces of the Russian Federation during 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 the changes made to the Disciplinary Charter of the Armed Forces of the Russian Federation during the period of the special military operation. A comparative analysis was carried out requests from military command and control bodies to amend the text of the Disciplinary Charter before the start of a special military operation for compliance with the adopted amendments after its start. At the end of the study, the novelties of Russian legislation on disciplinary liability of military personnel are presented, the norms of which need to be included in the new edition of the Charter.
Keywords: performance assessment, personnel assessment, risk assessment, corruption factors, Armed Forces.
10. On some law enforcement issues related to improving the mechanism for financing military units and military personnel in the form of voluntary donations in the context of a special military operation.
Shankhaev S.V., Candidate of Legal Sciences, Associate Professor of the 25th Department of the Military University named after Prince Alexander Nevsky of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Аnnotation. The article discusses issues related to the improvement of law enforcement practices related to the mechanism of financing military units and military personnel in the form of voluntary donations in the context of a special military operation.
Keywords: donation, financing, military needs
11. Some features of the consideration of cases by military courts during special periods.
Kharitonov S.S., Candidate of Law, Professor, opklex@mail.ru
Abstract. The article provides a brief analysis of certain issues of the administration of justice by military courts in the context of a special military operation, including the possibility of improving the relevant military legal regulations and clarifying judicial practice on crimes against military service.
Keywords: military court, military man, judicial practice, special military operation.
12. Legal support for information and psychological safety of military personnel in a military operation.
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 and psychological security of military personnel and the Armed Forces of the Russian Federation in a special military operation. Based on the analysis of the experience of a special military operation, the author comes to the conclusion that it is necessary to isolate information and psychological security in the system of legal support for information security of military personnel and the Armed Forces of the Russian Federation. The author proposes the formation of a Concept of legal provision of information security for military personnel and the Armed Forces of the Russian Federation, in which special attention should be paid to issues of ensuring information and psychological security, including countering the dissemination of deliberately false information about military personnel and the Armed Forces of the Russian Federation. According to the author, it is necessary to adopt an order of the Minister of Defense of the Russian Federation regulating relations to ensure information and psychological security of personnel of the Armed Forces of the Russian Federation. The issues of legal provision of information and psychological security, according to the author, should be reflected in the subject of the science of military law.
Keywords: special military operation, information security, information and psychological security, military personnel, Armed Forces of the Russian Federation, deliberately false information, fake, military conflict, military law.
13. Provision of the counter-terrorism operation regime by the troops of the National Guard of the Russian Federation, as well as participation in the fight against terrorism.
Abstract: The events taking place in a number of subjects of the Russian Federation in connection with the conduct of a special military operation impose obligations on federal executive authorities to eliminate the circumstances that served as the basis for ensuring the regime of the counter-terrorism operation and the fight against terrorism. The characteristics of the regime of the counter-terrorism operation and the fight against terrorism, the regional emergency regime, which are provided, among other things, by the troops of the National Guard, are given. Attention is focused on the specifics of the introduction by the heads of the constituent entities of the Russian Federation of a high level of terrorist danger and the actions of the personnel of the Rosgvardiya during the implementation of measures. There is a discussion about the need to introduce a "sanitary zone".
Keywords: National Guard troops; Rosgvardiya; counter-terrorism operation regime; regional emergency regime; terrorism; terrorist danger level; special military operation; federal executive authorities; "sanitary zone"; Coordinating Council on Security Issues of Border Territories.
14. Some aspects of social support for combat veterans who took part in a special military operation and their family members.
Zorin O.L., candidate of Legal Sciences, Associate Professor Associate Professor at Samara University, opklex@mail.ru
Annotation. The scientific article is devoted to the topic of support for combat veterans who took part in a special military operation and their family members, which has become one of the priorities in the implementation of the internal state social policy. Some problems are identified, the solution of which will contribute to improving the social security of these categories of citizens.
Keywords: social support measures, disabled people and veterans of a special military operation, a participant in a special military operation, family members.
15. Some problems of guarantees provided to persons involved in solving tasks during a special military operation (SVO).
Potapov A.V., head of corporate governance Department of the UES JSC, assistant of the Department of Labor Law of the Faculty of Law of the Lomonosov MSU, Ph.D. in law, opklex@mail.ru
Annotation. Based on the current legislation, the article analyzes individual problems of the legal status of persons, which are aimed to ensuring the solution of tasks during the special military operation, in particular, makes proposals for improving legislation.
Keywords: veterans, social guarantees.
16. Topical issues of improving the mechanisms for providing social guarantees to the participants of the SVO.
Kharsiev R.O., Deputy Head of the Department (Legal and Organizational issues of legislative activity) The Legal Department of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation. Speech at the international military-technical forum "Army 2024" at the IV scientific and practical conference on the topic: "Topical issues of the development of military law in the context of a special military operation"
Keywords: military law, law of military conflicts, special military operation.
17. On reforming military criminal legislation in the context of a special military operation.
Zakomoldin R.V., candidate of law sciences, docent, 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 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 a number of problems that arose in connection with the conduct of a special military operation on the territory of Ukraine and the need to reform the current military criminal legislation. It is concluded that in the new conditions the legislation requires appropriate changes, but this work should not be situational and tied to a specific special military operation, it should be conceptual and have a long-term universal nature.
Keywords: military criminal law, special military operation, military security.
18. International law: Man and War. The role of Russia in the development of humanistic approaches.
Pligin V.N., Doctor of Law, Honored Lawyer of the Russian Federation, Head of the Administrative Law and Process Sector Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru
Trapeznikov V.O., Candidate of Sciences in Politics, opklex@mail.ru
Abstract: The article is devoted to the study of Russia's role in the formation and development of international humanitarian law (IHL) and humanistic approaches to warfare. Based on historical examples, starting with Peter the Great and ending with modern international initiatives, the article analyzes the influence of Russian legal and cultural traditions on the formation of the principles of humanity in armed conflicts. Special attention is paid to Russia's contribution to the creation and development of key international legal instruments aimed at protecting human rights in war conditions, such as the Geneva and Hague Conventions.
The paper considers both historical and modern aspects of IHL. It is justified to single out Russia as one of the significant participants in international efforts to develop humanistic principles in the context of military operations. The current challenges facing IHL, including the need for its adaptation to new forms of war, are also considered. The results of the study emphasize the importance of preserving and developing the humanistic principles of IHL to ensure the protection of human rights in modern conflicts.
Keywords: international humanitarian law (IHL), history of international law, human rights in armed conflicts.
19. Legal Regime of Limitation of Use of Various Weapons in Modern Conditions: Current State and Perspectives,
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
Abstract. The article deals with problematic issues of legal regime of use of various weapons taking into account the current level of scientific-technical progress, international-political situation and the realities on the military theatres. The main focus is given to the characteristics of prohibition of chemical, biological, particular types of conventional weapons, non-proliferation of nuclear weapons, as well as to some weapons that are not prohibited, yet, but which use lead to severe delayed consequences to humans and environment (dioxin, depleted uranium, white phosphor). The conclusions on the existence of gaps in legal regulation of use of various weapons, requirements of its improvement, along with the development of the institute of international responsibility of military-political unions.
Keywords: international conventions, use of weapons, international humanitarian law, legal regime, NATO, weapons of mass destruction, conventional weapons, international responsibility.
20. Particular tendences of international and national aspects of ip rights legal use in times of military conflicts.
Kudashkin V.V., Deputy General JSC "Rosoboronexport", Chief Researcher of civil and business law department, Institute of State and Law of the Russian Academy of Sciences, Moscow Postdoctoral Degree in Law, PhD in Law Honored Lawyer of the Russian Federation, opklex@mail.ru
Chuvarayan A.A., FSUE Diplomatic Academy of the Ministry of Foreign Affairs of Russian Federation, opklex@mail.ru
Abstract. This article reviews the analyses outcomes of particular aspects of international and national IP use rights for War IPs in application for the military conflict’s times, after the Special Military Operation started (hereinafter referred as SMO) in Ukraine.
The relevance of the issues raised in the current article is proved by the key factors influencing the international geopolitical situation at both global and regional level, meaning the Special Military Operation led by the Russian Federation at the moment, unprecedented sanctions posed to the Russian Federation by the collective West (NATO) and continuous modifications of the IP legislation in the USA and NATO guiding legal framework documents. Currently we witness the emerging of the new principles of NATO strategic guiding documents, emergence of the new collective managing entities for technological cooperation inside the Alliance, responsible for the technological cooperation within the NATO Members respectively. The new goal in IP use during the military conflicts is provision of the fast-track IP use procedures, allowing the NATO countries to transfer the IP rights to the new owners and users of the military IP in the non-member’s countries, such as Ukraine.
Aim of this research is to outline the mechanisms of IP Rights regulation in the military conflict’s conditions in the international law, as well as determine the changes in the USA and NATO approaches towards the IP Rights regulation legislation in times of the military conflicts. As a result of this research the mechanisms of IP Rights regulation existing and applicable in the international law were highlighted, which allow the Member States of these Conventions to apply the existing collisions of the international law to be applied during the military conflicts. This article has provided the possible legal mechanisms to enhance the existing international conventions in times of military conflicts. In particular, the criteria of Article 73 of the "Agreement on Trade-Related Aspects of Intellectual Property Rights" use were highlighted. The new tendencies of the USA national legal IP framework were analyzed after the start of the Special Military Operation in Ukraine. This research is highly controversial and is being currently approached by many legal science scholars, as we witness the factual limitation of the international legal framework to provide solutions applicative in the military conflict times. The western literature uses the terms of "War IP" and "Postwar IP", which are official terms of many scientific journals after 2022.
Key words: international law, IP law, international military conflicts, technological cooperation, military law.
21. Optimization of the procedure for using the results of intellectual activity in the field of international military-technical cooperation in the context of sanctions pressure from the collective west.
Kudashkin V.V., Deputy General JSC "Rosoboronexport", Chief Researcher of civil and business law department, Institute of State and Law of the Russian Academy of Sciences, Moscow Postdoctoral Degree in Law, PhD in Law Honored Lawyer of the Russian Federation, opklex@mail.ru
Karavaev M.V., IP commercialization project manager JSC "Rosoboronexport", opklex@mail.ru
Fedoseev A.V., IP project manager JSC "Rosoboronexport", patent attorney of Russian Federation #950, МВА high technology project management, opklex@mail.ru
Abstract. The article examines the problematic issues of securing and using exclusive rights to budget-financed intellectual property, including those directly related to national defense and security. The author gives a general picture of the state of legal protection of Russian intellectual property related to ensuring defense and security, primarily abroad. The article formulates practical proposals for optimizing the current procedure for using intellectual property in the field of international military-technical cooperation.
Key words. results of intellectual activity directly related to ensuring defense and security, military-technical cooperation, legal protection, the procedure for securing and using rights to the results of intellectual activity.
22. Directions for improving the status of military personnel and judges of military courts, taking into account the experience of a special military operation.
Tuganov Yu.N., Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Academician of the Russian Academy of Sciences, Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, Professor of the Russian Customs Academy, opklex@mail.ru
Abstract: the article analyzes the options for the legal registration of the status of citizens undergoing military service, reveals the legal essence of the disparate parameters of the legal status of different categories of military personnel. The article also substantiates the need to synchronize the ontological foundations of the status of judges of military courts with the legal existence of the military organization of the Russian state. The authors propose ways to improve the legal status of military personnel and judges of military courts.
Keywords: the status of a serviceman, the status of a judge of a military court, a military oath, a contract for military service, a contract for staying in a volunteer formation, an extension of military service under special legal regimes.
23. Specialized federal courts in the light of military law and the experience of a special military operation.
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 prevailing judicial trend of the last thirty years has been the leveling of the status of military courts and other judicial bodies.
Meanwhile, a fundamental change in public relations and regulatory material during martial law, during wartime, or in conditions of conflict or combat operations, prevents a fair resolution of the case by a judge who does not have military service experience.
The article substantiates a proposal to overcome this contradiction by creating specialized military courts of armies, flotillas and formations, types of the Armed Forces of the Russian Federation and groups of troops with the extension of their jurisdiction to the area of responsibility of the relevant military formations and the consolidation of such a method of determining jurisdiction in the law.
Keywords: military courts, specialized courts, administration of justice in the Armed Forces, the purpose of justice, special periods, wartime, military operations, the status of judges of military courts.
24. Some features of the formation of the legal culture of military personnel in the context of harmonization of international (interethnic) relations in the context of conducting a special military operation on the territory of Ukraine.
Ivaneev S.V., candidate of legal sciences, researcher at the Military University named after Prince Alexander Nevsky, president of the non-profit organization “Association of Citizens of the 21st Century for the Development of Secularism and Humanism”, lieutenant colonel of reserve justice, opklex@mail.ru
Abstract: the article examines the features of the formation of the legal culture of military personnel in the context of harmonization of interethnic (interethnic) relations in the context of conducting a special military operation on the territory of Ukraine.
The article emphasizes the need to harmonize interethnic and interreligious relations in the context of military operations in order to develop respect for the law, principles of legality, and a sense of responsibility of servicemen for the quality of the performance of military duty.
At the same time, the importance of strengthening civil unity, all-Russian civil identity, interethnic and interfaith harmony, preserving the identity of the multinational people of the Russian Federation during the special military operation is noted.
Key words: SVO, legal culture, interethnic relations, migrants, national security of Russia, freedom of conscience, religion, secularism, humanism.
25. Issues of legal responsibility in the use of AI in the management of fighting.
Rodikova V.A., Russian Presidential Academy of National Economy and Public Administration (RANEPA), Ural Institute of Management, Ekaterinburg, Postgraduate student, opklex@mail.ru