THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6


  ISSUE CONTENTS:  

 

 1. Hybrid warfare in the cyber sphere: 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 cyber sphere and the regulation of these issues by the international law of armed conflicts.

Key words: military law, law of military conflicts, hybrid warfare, cyber sphere.

 

2. Volunteer formations of the National Guard troops Russian Federation.

Zubarev N.V., lawyer, 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 article analyzes the changes made to some regulatory legal acts relating to the activities of the National Guard troops of the Russian Federation. The legal basis for the use of national guard troops outside the territory of the state has been studied, taking into account the experience gained during a special military operation.

Key words: military organization of the state, special military operation, national guard troops, volunteer formations.

 

3. On the problems of law enforcement during conscriptionfor military service by mobilization.

Parshakov A.S., candidate of legal sciences, senior researcher at the research department (military scientific information, military legal problems) of the Military University, opklex@mail.ru

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

Abstract: The article provides a brief analysis of the problems that arise or may arise for law enforcement officials when implementing legal regulations in the field of conscription of citizens for military service by mobilization and deferments from conscription by mobilization. Some contradictions of legal norms in this area are shown.

Key words: military service, serviceman, conscription for military service by mobilization.

 

4. Legal means of achieving victory in the armed struggle.

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

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

Annotation. The article considers the legal means of achieving victory in the armed struggle on the example of a special military operation of the Armed Forces of Russia in Ukraine.

Keywords: armed struggle, military law, law of military conflicts, international humanitarian law, law of war, laws and customs of war, military legislation.

 

5. On the legal regulation of the procedure for interaction of the Federal Service of the National Guard Troops of the Russian Federation with Cossack societies in the field of public safety.

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, an attempt is made to scientifically comprehend the order of legal regulation of the interaction of the Federal Service of the National Guard Troops of the Russian Federation with Cossack societies in the field of public safety. It is noted that interaction with Cossack societies can be carried out within the framework of already established procedures for attracting Cossacks to assist authorities on the basis of relevant agreements.

Keywords: Cossacks; Cossack societies; National Guard troops; Rosgvardiya; subjects of the Russian Federation; President of the Russian Federation.

 

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. Improving the criminal law means of implementing criminal liability of military personnel (scientific and practical commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" dated March 23, 2024 No. 64-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 Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation" dated 03/23/2024 No. 64-FZ, identifies the positive and negative sides of new approaches to exemption from criminal liability and punishment of military personnel, persons subject to conscription, as well as persons undergoing military service service during the period of mobilization, during martial law or during wartime, 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.

 

8. On the application of the criminal law on the liability of military personnel in the context of a special military operation.

Lobov Ya.V., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Criminal Law of the Military University, opklex@mail.ru

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

Abstract: The article examines the issues of qualification of certain military crimes in connection with the conduct of a special military operation. The necessity of determining the legal assessment of the actions of persons who committed military crimes in various periods of validity of the criminal law is shown.

Key words: criminal liability of military personnel; failure to comply with an order; violent actions against the boss.

 

9. Criminological measures for prevention 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 system of criminological measures aimed at preventing violent crimes against military service in the Armed Forces of the Russian Federation. This system includes the main directions and levels of prevention of violent crimes against military service, subjects of prevention, and preventive measures.

Keywords: prevention, violence, crime, armed forces, military service, levels of prevention, subjects of prevention, measures of prevention.

 

10. Military penitentiary establishments of the Armed Forces of the Kingdom of Spain.

Vorobyev A.G., the PhD in Law, Associate Professor, opklex@mail.ru

Abstract: The article examines the organization, structure, goals and legal basis of the activities of military penitentiary institutions of the Spanish Armed Forces in the execution of sentences related to imprisonment against convicted military personnel.

Key words: military penitentiary institutions, military punishment, purposes of punishment, imprisonment, individual correction program, rights and responsibilities of convicted military personnel.

 

11. Military and legal aspects of international information security.

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: In the article, the author substantiates the relevance of military-legal aspects of ensuring international information security at the current stage of information technology development. The author comes to the conclusion that at the present stage of development of digital technologies, the risk of incidents in the information space escalating into a real armed conflict is significantly increasing. In this regard, the article substantiates the need to improve the legal foundations of international cooperation in the field of information security, primarily at the regional level, and concludes that the military-political aspects of international legal regulation of security in the information space should be reflected in the subject of military law, as well as become the subject of further scientific research of this industry legal science.

Keywords: information space, international information security, national security, military law, armed conflict, information and communication technologies, information and technical impact, information and psychological impact.

 

12. Corruption of wartime legislation: problem statement.

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

Annotation. The article considers an insufficiently researched problem related to the peculiarities of the manifestation of corruption in the military organization of the state under special legal regimes (wartime, martial law, mobilization, armed conflict, etc.). Using the example of a special military operation, the peculiarities of the manifestation of corruption risks under special legal regimes are shown, possible means of minimizing them are proposed. Some anticorruption factors of wartime legislation, features, conditions and causes of their occurrence have been identified, and some proposals have been formulated to neutralize the negative impact of these factors.

Keywords: wartime legislation; corruption-related factors; special military operation; mobilization; martial law; wartime; armed conflict.

 

13. Modern military threats: dynamics of transformation and ways of counteracting.

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

Abstract. The article considers the main threats featuring in the contemporary world and their basic characteristics, revealing also their reasons and determining the tendencies of modification. Specific attention is given to the arsenal and methods of global hybrid confrontation as long as to the global West policy specifically applicable to Russia, including the ones related to the armed conflict in Ukraine, which constitutes the major military threat to the Russian state. The suggested conclusions contain, inter allia, the proposals on countering the threats to military security of our state.

Keywords: military threats, hybrid warfare, armed conflicts, security, military aspects of international law, countering the threats.

 

14. 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

 

15. Military temples: problems of legal regulation and solutions (history and modernity). Part 2.

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.

 

16. The legal basis for the activities of specialized state unitary enterprises performing functions to assist law enforcement and other bodies.

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

Ivanov V.Yu., Candidate of Law, Associate Professor of the Department No. 25 of the Federal State Educational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of RussiaOf the Russian Federation, opklex@mail.ru

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

Abstract. the article considers the legal foundations of the activities of specialized state unitary enterprises established in order to strengthen the protection of public order and ensure public safety during mobilization, during martial law, during wartime by senior officials of the subjects of the Russian Federation by decision of the President of the Russian Federation, performing functions to assist law enforcement agencies, the bodies of the Federal Security Service and the bodies of the military administration.

Keywords: national security, special military operation, martial law, mobilization, public safety, protection of public order, specialized state unitary enterprises, legal entities with special statutory tasks, Rosgvardiya, territorial defense.