THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2


   ISSUE CONTENTS:  

 

1. Military conflicts: the concept, types and their legal features.

Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru

Abstract: The article analyzes the domestic typologization of types of military conflicts, as well as the distinctive legal features of the concepts of "war" and "armed conflict". 

Keywords: military conflicts, concept, types, legal features, law of military conflicts.

 

2. Constitutionalization of military legislation (to the 30th anniversary of the Basic Law of Russia.

Taradonov S.V., Candidate of Legal Sciences, Associate Professor, Professor of the Department Theories and history of state and law of the Military University, opklex@mail.ru

Annotation. The article, based on the approaches of both foreign and domestic (Soviet and Russian) scientists, examines the essential characteristics of the concepts of “constitutionalization” and “constitutionalization of military legislation”. It is substantiated that government activities to implement constitutional provisions in military legislation can be considered as one of the areas of application of the norms of the Russian Constitution.

Key words: Constitution, military legislation

 

3. Cybersecurity as an element of the national security of the Russian Federation in matters of the rights of armed conflict.

Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Head of the Department of Military Law of the Academy of Military Sciences, opklex@mail.ru

Melnik N.N., an expert in the field of international military law of the USA and European countries, PhD (USA), opklex@mail.ru

Annotation. The article considers issues of cybersecurity - element of military security of the state, operation of principles and norms of the law of armed conflict in relation to cyber-operations.

Keywords: military law, law of military conflicts, national security, cybersecurity, cyber operations

 

4. The current state in the field of maintaining international peace and security.

Grishchenko L.L., Professor of the Department of Management of Internal Affairs Bodies in Special Conditions, Doctor of Law, Professor Management Academy of the Ministry of the Interior of Russia, opklex@mail.ru

Annotation. The article, through an analysis of the history of wars, examines problematic issues of maintaining peace and security that took place in the process of human development. The author substantiates the conclusion that peacekeeping, as an attempt to avoid war, began in the 19th century. after the victory over Napoleon. Subsequently, twice more humanity tried to create international organizations to ensure or enforce peace. Every time, be it the League of Nations or the UN, international organizations fulfilled their assigned responsibilities only for a certain time. However, each new world war led to a reorganization of the tools for ensuring peace. This is still the case today. After winning the Cold War, the United States almost completely subordinated the work of the UN to its interests, which cannot meet the needs of the rest of humanity. In this regard, the author concludes that it is necessary to create a new system of international security and greater involvement of law enforcement agencies of the Russian Federation in maintaining international peace and security.

Key words: war; peacekeeping; United Nations; Cold War; USA

 

5. 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 of the 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.

 

6. Activities of the prosecutor's office to ensure national security.

Shevchenko K.V., senior lecturer at 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 named after. Hero of the Russian Federation Army General E.N. Zinicheva, opklex@mail.ru

Migacheva V.I., public assistant to the assistant prosecutor of the prosecutor's office of the Primorsky district of St. Petersburg, opklex@mail.ru

Annotation: The presented study identifies the place and role of the Prosecutor's Office of the Russian Federation in the national security system. It is pointed out that the Prosecutor's Office is a subject of ensuring national security and a law enforcement agency that oversees the legality of the activities of other State bodies in accordance with strategic national priorities, as well as coordinating the activities of law enforcement agencies in this area. The problems of exercising the powers of prosecutors in the field of countering extremism and terrorism are considered.

Keywords: Prosecutor's Office of the Russian Federation, national security, countering extremism and terrorism, prosecutor's supervision, coordination of activities.

 

7. Public order as an object of administrative and legal protection from petty hooliganism: issues of qualification and administrative and jurisdictional activity.

Bruyako A.N., Applicant of the Department of Constitutional and Administrative Law of the Academy of Public Administration under the President of the Republic of Belarus, opklex@mail.ru

Pavlyushchik S.V., opklex@mail.ru

Annotation. The article examines the theoretical and legal aspects of public order, taking into account the relevance of its protection from petty hooliganism. On the basis of the current administrative legislation, the study of legal literature and materials of judicial practice, the characteristics of the composition of administratively punishable petty hooliganism are presented, the features of public relations arising in this case are determined, individual recommendations on the administrative and jurisdictional activities of authorized officials are given.

Keywords: public order, public place, petty hooliganism, offense, hooligan motive, administrative responsibility, administrative penalty, administrative-jurisdictional activity, administrative-jurisdictional action.

 

8. On some issues of making compensation payments to military personnel and members of their families when injured during the performance of tasks of a special military operation.

Krasikov S.S., lawyer, opklex@mail.ru

Abstract: the article discusses the issue of exercising the right of military personnel serving under contract and their family members to receive compensation payments for injuries (trauma, concussion, mutilation) received during the performance of the tasks of a special military operation. The relevance lies in the ongoing armed conflicts, in which military personnel are injured and injured.

The author examines legislation, regulations governing the production of insurance and one-time compensation payments to military personnel - participants in a special military operation (hereinafter - SVO) and members of their families, as well as the norms of the legislation of the Russian Federation on inheritance law.

Key words: special military operation, insurance payments, lump sum payment in connection with injury, compensation for harm to health, inheritance.

 

9. Justification of the need for additional training in security management of military service.

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. The article is devoted to the substantiation of the need to organize and conduct additional training in the Armed Forces of the Russian Federation, in particular, representatives of military leadership bodies on the issues of security management of military service. As an evidence base, the author of the article cites the identified features of the professional risk management system proposed for implementation. Having no special knowledge and skills in this field of military activity, it is very difficult to effectively implement the key goal of the security of military service – ensuring the protection of military personnel from the effects of harmful and (or) dangerous factors of military service, which, undoubtedly, can be viewed in the future as infringement of the rights of defenders of the Fatherland.

Key words. Security of military service, occupational risks, dangers, training, Armed Forces.

 

10. Qualification of crimes as a determining principle of the legality and validity of a military court sentence.

Sharapov S.N., candidate of legal sciences, associate professor, professor at the Military University, opklex@mail.ru

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

Abstract: The article, using examples from the judicial practice of military courts, examines certain rules for the qualification of crimes. This allows us to formulate common approaches to the classification of crimes.

Key words: qualification of crimes, military courts, military judicial practice.

 

11. Failure to execute an order under special conditions (Article 332 of the Criminal Code of the Russian Federation).

Meleshko P.E, senior lecturer of the Department of Criminal Law of the Military University, Candidate of Law, opklex@mail.ru

Annotation. The article analyzes the norm providing for criminal liability for failure to comply with the order of a superior during special periods and refusal to participate in military or combat operations, and also makes proposals for its improvement.

Key words: failure to comply with the order of the superior during special periods, during the period of mobilization, during martial law, in conditions of hostilities, in conditions of armed conflict, in wartime, refusal to participate in military or combat operations.

 

12. Features of the legal status of military personnel of the Military Police of the Armed Forces of the Russian Federation in the exercise of the functions of inquiry.

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

Annotation. The article discusses the peculiarities of the legal status of military personnel of the military police of the Armed Forces of the Russian Federation in the exercise of their powers in the field of criminal procedural activities. A comparative analysis was carried out between the subjects conducting an inquiry in the Armed Forces on the basis of current legislation, scientific interpretations of various scientists, as well as law enforcement practice in this area.

As part of the improvement of legislation in the exercise of the powers of the body of inquiry, the author proposes the introduction of appropriate amendments.

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

 

13. The use of the mechanism of concession agreements in the construction of housing for military personnel.

Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru

Abstract: concession agreements are one of the mechanisms for the implementation of public-private partnership, which in turn is used in the development of the military-industrial complex. In this article, from the standpoint of theory and practice, the question of the possibility of using this legal mechanism in the construction of apartment buildings for the subsequent provision of housing for military employees will be considered.

Keywords: concession agreement, concession, public-private partnership, social guarantees for military personnel, housing for military personnel.

 

14. 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.

 

15. On the issue of the legal status of persons sent to ensure the solution of tasks during a special military operation.

Kudashkin A.V., Deputy General Director of the UEC JSC on legal affairs and corporate governance, editor-in-chief of the magazine "Law in the Armed Forces - Military law review", Doctor of law, Professor, opklex@mail.ru

Potapova N.D., associate professor of the Department of labor law and social security law of the Kutafin Moscow State Law University (MSAL), Ph.D. in law, opklex@mail.ru

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

Abstract. Based on the current legislation, the article analyzes individual problems of the legal status of civilians, which are aimed to ensuring the solution of tasks during the special military operation, in particular, analyzes changes in legislation regarding the assignment of the status of a combat veteran, and makes proposals for improving legislation.

Keywords: combat veterans, social guarantees.