THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4


 

 

 

   ISSUE CONTENTS:  

 

1. On the 60th anniversary of doctors of law A.V. Kudashkin and V.V. Kudashkin.

Bezbabnov O.G., Director of the Legal Department of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract: The article is dedicated to the anniversary of the innovators of the military legal field of legal science - Doctor of Law, Professor Alexander Vasilyevich Kudashkin and Doctor of Law, Vladimir Vasilyevich Kudashkin.

 

2. The legal status of subjects of military law: theory and current problems in the context of a Special military operation.

Baranenkov V.V., Doctor of Law, Professor, opklex@mail.ru

Abstract: the article examines the content of the concept of the legal status of subjects of military law, its elements, the interrelationships between them, problems related to the application of relevant norms in military law, including those related to legal relations arising during a Special military operation.

Keywords: The legal status of subjects of military law, legal status, legal responsibility, the ratio of rights, duties and responsibilities, the responsibility of participants in a special military operation.

 

3. Staff vs commander (chief): the ratio of concepts.

Glukhov E.A., Candidate of Law, Associate Professor, St. Petersburg Military Order of Zhukov Institute of National Guard Troops, opklex@mail.ru

Abstract: the article analyzes the specific conditions and methods of building the structure of military formations of the modern Russian army. From the point of view of administrative legal relations, there are signs of independent ones. Structurally separate military formations, as well as their military management bodies, their functions and connections within the military hierarchy. The author substantiates the position according to which military leaders and their subordinate military administration bodies should be distinguished as subjects with different legal status and powers.

Keywords: military administration, military unit, military management body, commander, organizational structure, right to make decisions.

 

4. Material liability of military personnel for damage to the property of a military unit, its basis, conditions: practice of military courts.

Leontyev V.N., Candidate of Legal Sciences, Associate Professor of the Military Training Center at the Russian State University of Justice, opklex@mail.ru

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

Abstract: The article provides a brief overview of recent court decisions on bringing military personnel to financial liability in relation to typical situations. Some contradictions in legal norms in the field of financial liability of military personnel are shown.

Key words: military service, military personnel, financial liability of military personnel, military courts, judicial practice.

 

5. On some issues of the application of disciplinary arrest to military personnel in wartime conditions.

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

Abstract: the article considers the issue of the need to empower commanders of military units with the authority to bring subordinate military personnel to disciplinary responsibility in the form of disciplinary arrest with detention in the guardhouse, as well as the specifics of providing military personnel with monetary allowances during the execution of disciplinary arrest and unauthorized abandonment of a military unit.

The observance of law and order in the unit is an integral part of the successful completion of a combat mission. The principle of unity of command, enshrined in the General Military Regulations of the Armed Forces of the Russian Federation, not only gives commanders the authority to make decisions, set tasks for subordinate servicemen and apply penalties and rewards to them, but also assigns them responsibility for maintaining a high level of military discipline in the unit.

During the period of partial mobilization in 2022, more than 300,000 reserve citizens were called up. Of course, most of them joined the ranks of the Armed Forces of the Russian Federation consciously and voluntarily coming to the defense of the Fatherland. Others did it under duress. This fact could not affect the level of law and order and military discipline in the formed units.

Keywords: Martial law, partial mobilization, disciplinary arrest, monthly social payment, monetary allowance.

 

6. An employee or a member 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 the concept of "employee" in relation to military employees of the military police of the Armed Forces of the Russian Federation. A comparative analysis was carried out with officials of other executive authorities, whose duties include ensuring law and order.

Based on the study of scientific papers, the legislation of the Russian Federation, as well as judicial practice in this area, the author came to the conclusion that the concept of "employee" is not applicable to military personnel of the military police.

Keywords: military police, officer, soldier, law enforcement agencies.

 

7. Legal regulation of biological safety provision by the troops of the National Guard of the Russian Federation.

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

Abstract: The increase in biological threats of various kinds requires the formation of unified intersectoral approaches in this area and their legislative consolidation. The presented study analyzes the legal regulation of certain relations related to ensuring biological safety, including by federal executive authorities. The peculiarities of ensuring national security by the troops of the National Guard of the Russian Federation, and its type such as biological security, are revealed.

Keywords: biological safety; interaction; state security; public safety; national security; National Guard troops; Rosgvardiya; subject of the Russian Federation; CSTO.

 

8. 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.

 

9. Taxation on personal income of one-time incentives paid when awarding military personnel with state awards 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 Federation University of Transport, Associate Professor, Candidate of Legal Sciences, opklex@mail.ru

Annotation. The article deals with the problem of taxation on personal income of one-time incentives paid to military personnel awarded the state award of the Russian Federation in connection with their participation in a special military operation.

Key words: state awards of the Russian Federation, military personnel, one-time incentive, personal income tax, special military operation.

 

10. Current problems of providing benefits and advantages to participants of a special military operation and members of their families in the field of labor and social security.

Martirosyan V.S., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Military Law, Military Training Center at the Russian State University of Justice, opklex@mail.ru

Annotation. The article examines current problems of the social status of participants in a special military operation and members of their families in the field of labor and social security, among them: citizens called up for partial mobilization, contract soldiers, volunteers, as well as members of their families. The article lists the main benefits and advantages of this category of citizens, carries out a detailed analysis of them, and makes proposals for improving the mechanism for providing benefits and advantages in this area of legal relations.

Key words: participants in a special military operation, citizens called up for partial mobilization, contract military personnel, volunteers, benefits and advantages for participants in a special military operation and members of their families in the field of labor and social security, volunteer formations, suspension of employment contracts.

 

11.  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

 

12. General social causes of violent crimes against military service in the Armed Forces of the Russian Federation.

Zakaznova A.N., Senior lecturer of Department 29 (Criminal Law), «Prince Alexander Nevsky Military University» of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract: the article analyzes the general social reasons that influence the commission of violent crimes against military service. The author examines the causal complex of crimes of this type within the framework of a binary system, consisting of: a subsystem of general social determinants of criminal behavior, which are specifically refracted through the characteristics of military service and a subsystem of determinants of criminal behavior, which are associated with the characteristics of military service.

Keywords: causes, violence, crime, military personnel, military service, armed forces.

 

13. On the issue of criminal liability of military personnel for violation of the rules of driving or operating cars committed while intoxicated.

Chukin D.S., senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order of Zhukov of the red banner Institute of the national guard of the Russian Federation, Lieutenant Colonel of justice, opklex@mail.ru

Summary: The article examines the interrelated provisions of Articles 264 and 350 of the Criminal Code of the Russian Federation, due to their regulation of similar public relations. It is noted that the amendments to the Criminal Code of the Russian Federation are systematic, which, by introducing liability for violation of traffic rules committed by a person in a state of intoxication into Article 264 of the Criminal Code of the Russian Federation, ignores the parallel reconstruction of Article 350 of the Criminal Code of the Russian Federation. It is stated that the Criminal Code of the Russian Federation turns from an integral normative legal act into a set of norms isolated by a specific object. Meanwhile, monitoring of sentences of military courts shows that in a state of intoxication, military personnel are prosecuted under all parts of Article 350 of the Criminal Code of the Russian Federation, while this circumstance is not always taken into account as aggravating due to the dispositivity of Part 1.1 of Article 63 of the Criminal Code of the Russian Federation. The author believes that this is a violation of criminal law principles, primarily the principle of justice. The solution to the problem is seen in the equalization of responsibilities.

Key words: violation of the rules of driving cars, violation of traffic rules, intoxication, consistency, asystemicity, special subject, the principle of justice.

 

14. Development of ideas of international-legal protection of persons who require medical care due to psychiatric disorder.

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

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

Abstract. This article examines the process of developing ideas for providing international-legal protection to persons with psychiatric disorders in circumstances of armed conflicts. As a result of generalizing of historical data and analysis of legal norms, the periods with specificity in regulating of status of war victims with mental disorders have been identified.

Keywords: international humanitarian law, protection of war victims, wounded and sick.

 

15. 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.

 

16. 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.