THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5


   ISSUE CONTENTS:   

 

1. Hybrid warfare in the maritime domain: legal aspects.

Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer Russian Federation, opklex@mail.ru

Melnik N.N., expert in the field of US International Military Law, China and European countries, PhD (USA), opklex@mail.ru

Annotation. The article examines the legal aspects of hybrid wars in the maritime sphere and the regulation of these issues by the international law of armed conflicts in the context of an international armed conflict.

Key words: military law, law of military conflicts, hybrid war, maritime sphere.

 

2. Peculiarities of bringing military personnel to legal responsibility for the UAVs loss.

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 deals with the peculiarities of bringing servicemen to legal liability for destruction, damage or loss of entrusted UAVs. The relevance of this topic is caused by a multiple increase in the use of UAVs in the area of special military operations, in which the loss of UAVs for one reason or another is obvious.

In the course of the study, the author formulated the conditions of criminal, disciplinary and material responsibility of servicemen for the loss of UAVs. In addition, recommendations on the procedure for conducting an administrative investigation into the fact of causing material damage and establishing all the circumstances of the loss of a UAV were developed.

Keywords: military personnel, accountability, unmanned aerial vehicles (UAVs), special military operation (SMO).

 

3. Institute of private determination in administrative and civil proceedings carried out by military courts.

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 some features of the legal regulation and practice of applying the institution of private definitions in administrative and civil proceedings conducted by military courts, the existing problems and ways to resolve them.

Key words: private definition, military court, prosecutor's office, administrative proceedings, civil proceedings.

 

4. On innovations in legislation in the field of restrictions on the exercise of military personnel and employees law enforcement agencies paid activities.

Votchenko I.A., Candidate of Law, Associate Professor, Professor of the Department of Personnel Management, legal and psychological support Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, 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 considers amendments to the legislative acts of the Russian Federation regulating the issues of restrictions on the implementation by military personnel and law enforcement officers of other paid activities. Such changes include the removal of restrictions on receiving payment for participation in sports events, subject to certain conditions.

Keywords: civil service, law enforcement service, military service, restrictions and prohibitions, corruption, anti-corruption.

 

5. On the possibility of taking into account the period of stay in volunteer formations when assigning a pension for long service.

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

Bogdanov S.L., Lawyer, opklex@mail.ru

Abstract: the article, based on a military legal analysis of legislative and other regulatory legal acts of the Russian Federation, examines theoretical questions about the expediency of enrolling the period of stay of citizens in volunteer formations in appropriate periods when assigning seniority to military personnel (employees).

Keywords. volunteer formations, volunteers, military personnel, military service, law enforcement officers, retirement pension, social guarantees, insurance pension, special military operation.

 

6. Separate payments to servicemen of the Armed Forces of the Russian Federation in the system of military law.

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

Abstract: the author examines the concept of individual payments to military personnel in the system of military law: the situation in the system of military legal relations, the subject and methods of regulation. A methodology is proposed for determining the legal nature of individual payments to military personnel in the field of military law.

Keywords: monetary allowances for military personnel, individual payments to military personnel, structure of monetary allowances, wages, social security, material security.

 

7. Deliberate destruction or damage to military property: current issues of qualification and some problems of legislative design.

Soloviev I.Yu., garrison military court judge, opklex@mail.ru

Abstract. The article discusses current issues of qualifying the intentional destruction or damage of military property, as well as some problems of the legislative structure of the crime under Art. 346 of the Criminal Code of the Russian Federation.

Key words: Military property, military equipment, weapons, ammunition, military equipment, crimes against military service.

 

8. Criminal legal aspects of the rental (hire) of residential premises belonging to them by military personnel.

Nabiev A.S., Lawyer, opklex@mail.ru

Abstract: The article presents the results of an analysis of the problems that arise when military personnel rent out residential premises they own (hire), and possible ways to eliminate them.

Key words: military service, housing, savings and mortgage system, residential premises, rent, hiring, taxes.

 

9. The main trends in the development of the military-political situation around the Union State of Belarus and Russia in the context of its impact on the state of national security in the military sphere.

Kogut V.G., Candidate of Financial Sciences, Deputy Secretary General of the IPA CIS - full representative of attention at the meeting of the Republic of Belarus, 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

Utkin N.I., Honored Lawyer of the Russian Federation, Doctor of Law, Professor, 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 named after. Hero of the Russian Federation Army General E.N. Zinicheva, 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: An analysis of the current military-political situation indicates that in the near future its development will remain crisis-like. At the same time, the unprecedented stimulation by the United States and the North Atlantic Alliance controlled by it of the militaristic aspirations of European states, primarily Poland and the Baltic states, will remain as a key source of further intensification of tension and an increase in the level of military danger in Eastern Europe, up to the formation of direct threats to the security of the Union State of Belarus and Russia in the military sphere.

Keywords: Union State; national security; military danger; military threat.

 

10. From pre-term to definition: the concept of a special legal regime of martial law, its essence, content and vector of transformation of the judicial system and judicial proceedings.

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 article substantiates the author's definition of a special legal regime of martial law, reveals the essence of this term, and compares the legal parameters of special legal regimes of emergency and martial law.

Keywords: legal regime, the concept of a special legal regime of martial law, a special legal regime of a state of emergency, restriction of human rights and freedoms under special legal regimes.

 

11. License to kill: 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

Abstract: The article analyzes the legal consequences of the use of artificial intelligence in combat control systems that carry out their centralized planning and coordination. The nature and method of compensation for damage caused to non-combatants and property of third parties as a result of decision-making by a robotic complex in an autonomous mode without human participation is being studied. The author makes a comparative analysis of foreign novels on issues of legal liability related to the use of artificial intelligence in combat operations management, in particular, the American approach based on the concept of "collateral damage". Legislative novelties are proposed designed to adapt the law enforcement sphere to new practices of introducing artificial intelligence into combat control systems.

Keywords: artificial intelligence, generative algorithm, collateral damage, extreme necessity, self-defense, combatants, compensation for harm, programs of armament

 

12. Military clergy as an organizational and legal means of protecting Russian traditional spiritual and moral values. Part 5.

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

Abstract. The article briefly discusses and analyzes certain problems of improving legal work in the field of state-church relations when recreating the institution of military clergy in the military, taking into account the significant changes that have occurred in the Constitution of Russia and the new National Security Strategy of Russia, and also taking into account the institutions of religious associations, possible ways of solving them are proposed.

Keywords: legal work, morale, the right of military personnel to freedom of religion, military clergy, Constitution, Strategy, historical memory, continuity, ideals, faith in God, spiritual and moral values.

 

13. Reasons for the absence of a market for secret inventions. Analysis of the development of legislation of the Russian Federation in the field of legal protection of secret inventions.

Pankov D.V., Department of Intellectual Property, Military-Technical Cooperation and Expertise in the Supply of Weapons and Military Equipment of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Annotation. The article provides an analysis of the legislation of the Russian Federation regulating the issues of legal protection of secret invention. If was noted that instead of adopting a separate normative act specially developed for these purposes, the result of work government agencies was the introduction of individual provisions into a unified national patent legislation.

 It is concluded that the main contradictions between the interests of holders of exclusive rights to secret inventions and the interests of the state in ensuring the protection of state secrets have not yet been eliminated. The appropriateness of the chosen form of legal protection is highly controversial, and the market for secret inventions is non-existent.

 The analysis shows the need to improve the legislation of the Russian Federation by building a new system.

 Keywords: intellectual property, result of intellectual activity, secret invention.

 

14. Features of the organization of labor in the heat of civilian personnel (federal government civil servants and employees) of the National Guard troops of the Russian Federation.

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: The presented study addresses the issue of the specifics of the organization of work in the heat of civilian personnel (federal government civil servants and employees) of the National Guard troops of the Russian Federation.

Keywords: civilian personnel; federal government civil servants; employees; National Guard troops.

 

15. 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.

 

16. 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

 

17.  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.