THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3


   ISSUE CONTENTS:  

 

 1. 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., 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

 

2. Military administration bodies of wartime: organizational and legal aspect.

Koryakin V.M., Doctor of Law, Professor, Federal State Educational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation; Federal State Educational Institution of Higher Education "Russian University of Transport", opklex@mail.ru

Annotation. The article examines the organizational and legal aspects of the functioning of military administration bodies in wartime and during armed conflicts. The powers of the Supreme Commander-in-Chief of the Armed Forces are analyzed, the issues of creating special military management bodies for wartime (the Headquarters of the Supreme High Command), as well as management bodies of combined groups of troops (forces) are considered to perform tasks in conditions of armed conflict and special military operations. The conclusion on the need to improve military administrative legislation in terms of the early settlement of military administration issues in wartime and in conditions of armed conflict is substantiated, and the conclusion previously made in the scientific literature on the formation of wartime legislation is confirmed.

Keywords: wartime; martial law; armed conflict; military administration; Supreme Commander-in-Chief of the Armed Forces; Headquarters of the Supreme High Command; Joint Grouping of Troops (forces).

 

3. Buffer zones created during and after armed conflicts: concept, types, legal regime.

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru

Yakovlev M.A., opklex@mail.ru

Abstract. Based on the analysis of the norms of international law, State practice and scientific literature, the authors of the article propose an approach to understanding buffer zones that are created during and after armed conflicts. The article provides historical examples of the establishment of buffer zones in different parts of the world. The authors classify buffer zones depending on the purpose of their creation. The legal grounds for establishment of buffer zones are considered. The legal regime of buffer zones is briefly described.

Keywords: armed conflict; buffer zone; demilitarized zone; safety zone; zone of separation.

 

4. To the question of expediency of inclusion of the Russian EMERCOM's SVF into the Armed Forces of the Russian Federation when performing certain tasks of defense and military security of the state, based on the experience of the North-Eastern Military District.

Maksimenko D.I., employee of the Russian Ministry of Emergency Situations

Abstract: The article deals with the issue concerning the possibility of including the Russian EMERCOM's SVF in the Armed Forces of the Russian Federation when performing tasks of military security of the state in military conflicts outside the territory of the Russian Federation, based on the experience of a special military operation. The norms of the legislation of the Russian Federation, as well as the norms of international law are analyzed, which allow us to conclude on the expediency of such a decision. On the basis of the conducted research, it is proposed to amend the provisions of the legislation of the Russian Federation, regulating the activities of the EMERCOM of Russia SVF, opklex@mail.ru

Keywords: EMERCOM of Russia SVF, civil defense, military conflict, special military operation, status of servicemen.

 

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. Organization of security on maritime transport as factor of provision of national security of the Russian Federation.

Kholikov I.V., Doctor of Law, Professor, Chief Researcher of the Center of International Law and Comparative-Legal Studies, Professor of the Chair of International Law of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Kupriyanovich M.S., Post-graduate Student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Abstract: The article deals with organizational and regulative characteristics of international-legal mechanism of provision of security on maritime transport with a focus on provision of national security of the Russian Federation. Organization of security on maritime transport requires consolidated efforts of international community, primarily in adherence, compliance and development of international law which regulates this sphere of social interaction. Provision of security on maritime transport and organization of work on such provision is based on dialectical interaction of norms of international law and national legislation, implementation and their mutual infiltration. It is connected not only with the existence of legal norms but also with the obligation of all actors of international relations to diligently comply with them.

Keywords: international-legal mechanism, legal policy, military-legal knowledge, social dynamics, legal institute, branch significance, national security.

 

7. Legal means of countering the dissemination of deliberately false information about military personnel and the Armed Forces of the Russian Federation.

Konokhov M.V., leading researcher of the Institute States and Rights of the Russian Academy of Sciences, Candidate of Legal Sciences, opklex@mail.ru

Annotation. The article considers the possibility of countering the dissemination of deliberately false information about military personnel and the Armed Forces of the Russian Federation by legal means. According to the author, the dissemination of deliberately unreliable information about the activities of military personnel and the armed forces of the warring parties is an integral part of modern military conflicts.

Keywords: obviously unreliable information, fake, informational and psychological impact, war, military personnel, armed forces, information security, military conflict.

 

8. Confiscation of vehicles of military personnel who have committed crimes of violating traffic rules while intoxicated: based on the practice of military courts.

Mingalimova M.F., Associate Professor of the Department of Prosecutor's Supervision for carrying out emissions in operational-search activities and participation of the prosecutor in criminal cases legal proceedings Kazan Law Institute (branch) University of the Prosecutor's Office of the Russian Federation, Associate Professor of the Department of Criminal Legal Disciplinary Sanctions Kazan branch of the Russian civil servant University of Justice, Candidate of Legal Sciences, opklex@mail.ru

Abstract: The article discusses the application by military courts of the provisions of paragraph “e” of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation, which provides for the confiscation of vehicles when military personnel commit crimes in the field of road safety while intoxicated. Based on specific examples, trends in military judicial practice on this issue are analyzed.

Key words: confiscation; vehicle; serviceman; ownership; Drunk; road safety; state; military court.

 

9. Some issues of disciplinary responsibility of military personnel for violations in the field of information protection.

Kirichenko N.S., lawyer, Candidate of Legal Sciences, 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

Abstract: The article presents a brief analysis of the provisions of legislative and other regulatory legal acts that establish requirements for the protection of information constituting a state secret and official secrets, for violation of which military personnel may be brought to disciplinary responsibility.

Keywords: state secret, official information, official secret, information protection, state security, state defense, responsibility of military personnel, disciplinary responsibility of military personnel.

 

10. On the need to amend the List of officials of the National Guard Troops of the Russian Federation authorized to draw up protocols on administrative offenses.

Ananyev E.V., Head of the group of legal claims and contractual legal work of the Federal State Institution "Administration of Military Defense of the National Guard Troops", opklex@mail.ru

Faiskhanov R.R., Candidate of Legal Sciences, Senior Lecturer, Department of Administrative Law and Customs Affairs, Transbaikal State University, opklex@mail.ru

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: In the presented study, the authors reveal the need to amend the List of officials of the National Guard troops of the Russian Federation authorized to draw up protocols on administrative offenses.

Keywords: administrative offense; National Guard troops; official; rulemaking; protocol on administrative offense; Rosgvardiya.

 

11. 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

Abstract. 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.

 

12. Monthly incentive payment for work intensity: new payment to employees of military units and organizations.

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 examines individual problems of the remuneration system for employees of military units and organizations of the Armed Forces of the Russian Federation, and also analyzes the monthly incentive payment for work intensity introduced on January 1, 2024.

Key words: the wage system, employees of military units, monthly incentive payment for the intensity of work, official salary, tariff rate.

 

13. 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

 

14. Military temples: problems of legal regulation and solutions (history and modernity). Part 1.

Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru

Abstract. The article briefly examines and analyzes individual problems of improving legal work in the field of state-church relations in the re-establishment of the institute of military clergy in the military, the construction, operation and maintenance of military temples, taking into account current legislation, foreign and domestic historical experience, significant religious changes that have occurred in Russia and its military organizations, the experience of the Armed Forces of Russia, and also, taking into account the internal regulations of religious associations, possible ways to solve them are proposed.

Keywords: military temple, the right of military personnel to freedom of religion, military clergy, military parish, morale of troops, spiritual center, Constitution.

 

15. 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.

 

16. New approaches to the criminal liability of military personnel in connection with a special military operation (scientific and practical commentary to the Federal Law "On the Specifics of Criminal Liability of Persons Involved in a special military operation" dated June 24, 2023 No. 270-FZ).

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 newly introduced Federal Law "On the specifics of criminal liability of persons involved in a special military operation" dated 06/24/2023 No. 270-FZ, identifies the positive and negative sides of new approaches to criminal liability of military personnel and persons subject to conscription, undergoing military service during mobilization, during martial law or in wartime, those who have committed a crime, are serving a sentence, or have an outstanding or outstanding criminal record.

Keywords: criminal law, military criminal law, military law, military criminal law, criminal liability, soldier, mobilization, wartime, exemption from criminal liability, exemption from punishment, criminal record, special military operation.

 

17. On the need to improve the criminal legal protection of the interests of the state and society during mobilization or martial law, in wartime or in conditions of armed conflict or combat operations.

Morgulenko Е.А., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Sharapov S.N., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Resume: The article substantiates the need to improve the criminal legal protection of the interests of the state and society during the period of mobilization or martial law, in wartime or in conditions of armed conflict or combat operations.

Key words: criminalization, period of mobilization, martial law, wartime, conditions of armed conflict, conduct of hostilities.

 

18. Military crime in new conditions: condition, structure, determinants.

Zakomoldin R.V., Candidate of Legal Sciences, Associate Professor, research fellow at the research institute University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Annotation. The article is devoted to a comparative analysis of military crime in new conditions based on current official statistics. The social conditioning of military crime is pointed out. Attention is paid to the state and structure of military crime. The determinants of military crime in the new conditions are identified.

Keywords: criminological research, military crime, state of crime, structure of crime, determinants of crime, crimes against military service, military personnel, special military operation, martial law.

 

19. Problems of applying preventive measures in the form of detention from the perspective of the practice of military courts.

Izotov D.M., Candidate of Legal Sciences, opklex@mail.ru

Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru

Abstract: The article provides an analysis of the legal norms governing detention as a preventive measure, through the prism of materials from military judicial practice.

Key words: preventive measures, detention, military personnel, military courts.

 

20. Problematic aspects in the legal regulation of investigative activity 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 problematic aspects in the legal regulation of the activities of the military police of the Armed Forces of the Russian Federation in the exercise of its functions to search for military personnel and military property. The article examines national legislation in this area, as well as the practice of carrying out investigative measures by the military police.

In conclusion, the author formulated proposals to amend the current legislation in order to eliminate contradictions and legal gaps.

Keywords: military police, search for military personnel, search measures, operational search activities.

 

21. Problematic issues of criminal liability of military personnel and citizens who are in reserve, during the passage military fees, for crimes against military service.

Stepanenko N.E., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Pasichnik D.M., cadet, opklex@mail.ru

Abstract:  The article conducts a study of individual issues that relate to the criminal liability of military personnel for crimes against military service committed during the period of mobilization, martial law, wartime, armed conflict, hostilities, military operations.

Keywords: period of mobilization, martial law, wartime, armed conflict, hostilities, military operations, special periods, special conditions, military personnel, criminal liability, guilt, motive, purpose, subject of the crime, sanction, crimes against military service, military service, object of the crime, Corpus delicti

 

22. 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.