THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7


   ISSUE CONTENTS:  

 

1. Issues of application of information and communication technologies and information security in the subject of military law.

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

Abstract: In the article, the author substantiates proposals for improving the subject of the science of military law in terms of including a group of public relations related to the use of information and communication technologies for military purposes, as well as ensuring the information security of the military organization of the state. The author notes that this group of public relations should reflect the issues of the application of international humanitarian law, the definition of aggression in the information space, the legal aspects of information operations, information warfare, digitalization of military administration, military accounting, ensuring the information security of military personnel, the military organization of the state, and other aspects of the use of ICT for military purposes. According to the author, the isolation of this group of public relations in the subject of military law is due to their specifics, primarily the lack of borders in the information space, as well as the high importance of relations related to the use of ICT, ensuring information security to strengthen the defense capability and military security of the state. The author also concludes that it is necessary to intensify military-legal research in this area of public relations.

Keywords: information space, information security, national security, subject of military law, military conflict, information and communication technologies, military registration, digitalization, military administration, information operations, international humanitarian law.

 

2. Territorial localization of a special military operation: problematic issues.

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 deals with problematic issues of the concept of "localization of armed conflict", which has not yet been sufficiently studied in military law. The author's understanding of this term is presented, its meaning and content are revealed, the influence of localization on the quantitative and qualitative characteristics of the forces and means used, on social guarantees provided to participants in hostilities. The dynamics of the territorial localization of a special military operation from the time of its beginning to the present is shown. Some gaps and contradictions of legal acts containing legal norms on the localization of a special military operation have been identified, and ways to overcome them have been proposed.

Keywords: localization of an armed conflict; special military operation; localization of a special military operation; combat veteran.

 

3. On the legal regulation of military service during the period of mobilization.

Kalashnikov V.V., Candidate of Legal Sciences, Associate Professor, Head of the Department of Military Law 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 discusses some issues of understanding, and, accordingly, the application of legal norms in the field of military service after February 2022. Attention is drawn to the different interpretations by law enforcers of legal regulations in this area.

Key words: military service; legal regulation of military service; serviceman; military courts; mobilization.

 

4. On the responsibility of military personnel in a special military operation regime for violation of the statutory rules of relations between military personnel in the absence of subordination relations between them.

Smirnov D.V., Candidate of Legal Sciences, Head 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 discusses the issues of qualification of hazing in connection with the conduct of a special military operation. The need to take into account the influence of the period of mobilization on criminal actions associated with violation of the statutory rules of relations between military personnel in the absence of subordination relations between them is shown.

Key words: criminal liability of military personnel; statutory rules of relationships; military courts; military judicial practice.

 

5. Features of the implementation of tasks to monitor the situation by troops of the National Guard of the Russian Federation during special military operation.

Zubarev N.V., lawyer, opklex@mail.ru

Smirnov V.V., lawyer, opklex@mail.ru

Abstract: the article analyzes the legal basis for the participation of Russian National Guard troops in ensuring the legal regime of martial law during a special military operation. Certain issues of performing tasks to control entry (exit) to the territory where martial law has been introduced, as well as control of movement across it, are considered.

Key words: special military operation, National Guard troops, powers of military personnel and employees, outfit at the checkpoint.

 

6. Problems of the remuneration system for employees of military units and organizations of the Ministry of Defense 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 examines the problems of legal regulation of the remuneration system for employees of military units and organizations of the Armed Forces of the Russian Federation, and also suggests ways to resolve them.

Key words: the system of remuneration, military units, organizations, employees, salary, combination of positions.

 

7. On the preemptive right to provide a one-time social payment to employees of the Russian Guard, who are combat veterans.

 Naumov D.Yu., student of the pedagogical institute, FGBOU «Tambov State University named after G.R. Derzhavin», opklex@mail.ru

Abstract. The organization and legal regulation of social protection of military personnel and employees of the National Guard of the Russian Federation in the light of the need for them to solve problems of maintaining international peace and security and the fight against terrorism is an urgent scientific and practical task. The article examines the regulatory legal aspects of the preemptive right to provide a one-time social payment to employees of the Russian Guard who are combat veterans. To achieve the goal of the study, the author studied regulatory documents from a comparative legal position and outlined a position on possible directions for the enforcement of newly introduced regulations. The results of the study can be useful in teaching the basics of military law and military legislation, as well as in organizing legal support and supervisory activities.

Keywords: social protection; legal status; guarantees and compensation; preemptive right; combat veterans; housing provision for employees.

 

8. Wounded servicemen in the aspect of the realization of the right to safe conditions 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, Saint Petersburg, opklex@mail.ru

Abstract. This article is devoted to the problem of creating safe conditions of military service for wounded (stricken) servicemen of the Armed Forces of the Russian Federation who are at the stages of medical evacuation. It has been established that not only healthy military personnel actively participating in the combat training activities of the troops, but also wounded (stricken) military personnel who are at the stages of medical evacuation are in the status of "performing military service duties". This status gives wounded (stricken) military personnel additional rights and responsibilities that fundamentally distinguish them from colleagues from other law enforcement agencies. For example, on the one hand, safe conditions of military service should be created for the wounded (affected) who are being treated. However, in the guidance documents of the Ministry of Defense of the Russian Federation, we failed to find the basic principles of ensuring the safety of military service for this category of military personnel, which creates prerequisites for infringement of their rights. On the other hand, a soldier's injury (defeat) is not a valid reason for carrying out medical evacuation measures with regard to him leaving the battlefield (line of fire, etc.). Without appropriate permission, a wounded (stricken) serviceman is obliged (to the best of his ability) to carry out the assigned combat task.

Keywords. The stage of medical evacuation, the safety of military service, the wounded, the stricken, military personnel, danger, risks of damage to health.

 

9. Ukrainian nationalism as a threat to the National security of the Russian Federation: criminal law aspect

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

Ivanov A.L., Candidate of Legal Sciences, Head of the Department of Criminal Law and Criminology Moscow Academy of the Investigative Committee Russian Federation named after A.Ya. Sukharev, opklex@mail.ru

Annotation. The article analyzes the decisions of Russian courts on the recognition of Ukrainian nationalist organizations as terrorist and extremist organizations on the territory of Russia, examines the issues of criminal law struggle against Ukrainian nationalism as a threat to Russia's national security, as well as issues of criminal liability for crimes of extremist and terrorist orientation.

Keywords: criminal law, extremism, terrorism, crimes of extremist orientation, crimes of terrorist orientation, extremist activity, terrorist activity, legislation on combating extremism, legislation on combating terrorism, extremist organization, terrorist organization, extremist community, terrorist community.

 

10. On the issue of the subject of the crime against military service.

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

Bondarev D.V., cadet, opklex@mail.ru

Kotenkov R.R., cadet, opklex@mail.ru

Abstract: the article examines the general, special and specific features of the subjects of crimes against military service, taking into account the introduction in Chapter 33 of the Criminal Code of the Russian Federation of the elements of crimes against military service committed during wartime, in a combat situation and in the presence of other special conditions; offers solutions to certain problematic issues of criminal liability of citizens in reserve, in the period of military training, as well as citizens called up for military service on mobilization.

Keywords: subject of crime, military service, signs of the subject of crime, general sign, individual, sanity, age of criminal responsibility, fitness for military service, special signs, specific signs, stay in reserve, military training, Armed Forces of the Russian Federation, period of mobilization, conscription for military training, conscription for military service on mobilization.

 

11. Voluntary surrender (Article 352.1 of the Criminal Code of the Russian Federation): restitutio in integrum.

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 the Institute, opklex@mail.ru

Summary:  The corpus delicti, restored after a quarter-century vacuum, providing for criminal liability for voluntary surrender, has filled in the missing segment of criminal law protection of the military security of the state, which is a significant positive shift in the improvement of military criminal legislation. Along with this, it is summarized that the key constituent feature of this crime, which is voluntary, requires additional legislative explication. In order to harmonize approaches to the essence of voluntariness, as well as uniformity of practice in the application of Article 352.1 of the Criminal Code of the Russian Federation, it is proposed to restructure this composition by introducing additional qualifying features.

Key words: surrender, voluntariness, motive of crime, will, freedom of will, improvement of military criminal legislation

 

12. About some ways to identify crimes committed by military personnel.

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

Abstract: The article considers such specific ways of detecting crimes committed by military personnel as conducting administrative investigations (official inspections, proceedings) by officials of military units (organizations) on various facts.

Keywords: military service, law enforcement service, crime detection, crime investigation, inquiry.

 

13. Preservation and development of traditional spiritual and moral values as the key to forming legal culture of military servicemen.

Kholikov I.V., Doctor of Legal Sciences, Professor, Chief Researcher of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Professor of Military University, opklex@mail.ru

Abstract. The article gives a review of the collective monograph “Traditional Russian spiritual and moral values in the context of forming the legal culture of the servicemen of the Russian Federation Armed Forces: social-philosophical and system-legal aspects”, comprised by P.V.Petriy, A.I.Zemlin, O.M.Zemlina, A.N.Kanshin.

Keywords: traditional spiritual and moral values, threats to national security, legal culture, society, military servicemen.

 

14. The role and place of military courts in the judicial system of Russia.

Aulov V.K., Associate Professor of the Department of Organization of Judicial and Law Enforcement Activities of the Russian State University of Justice, Candidate of Law, Associate Professor, opklex@mail.ru

Annotation. The method of system analysis is used to reliably attribute military judicial bodies as an integral part of a higher-order system – the judicial system of the Russian Federation. This cognitive technique allowed us to establish that the role of garrison military courts in the judicial system of the Russian Federation is equivalent to the role of lower-level judicial bodies of courts of general jurisdiction (along with district courts and magistrates of general jurisdiction), and the place of military courts in the judicial system of Russia is not exclusive in the sense of "a separate subject of legal proceedings".  As a result, a key contradiction has been revealed in the legal understanding of the role and place of military courts in the system of the legal mechanism for neutralizing military threats by non-military measures in the administration of justice and the composition of the judicial system of our state has been precisely established.

The conclusions of the study formulate proposals to resolve the contradiction by creating a system of specialized military courts and outline the general outline of their legal structure.

Keywords: military courts, judicial system of the Russian Federation, military judicial system, composition of the Russian judicial system, method of system analysis, specialized court, role of military courts in the judicial system, place of military courts in the judicial system.

 

15. Refusal of acts of hostility as an element of legal status of sick with mental disorder.

Belousova M.S., lawyer of legal service of Military Medical Academy, opklex@mail.ru

  Abstract. This article examines the refusal of acts of hostility as necessary condition for providing protection to a person with mental disorder as sick according to international humanitarian law. The importance of compliance with this requirement is justified, the consequences of its violation are examined, and a list of circumstances that cannot be attributed to acts of hostility is proposed.

  Key words: international humanitarian law, protection of war victims, wounded and sick, acts of hostility.

 

16. Military temples: problems of legal regulation and solutions (history and modernity). Part 3.

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.

 

17. On the issue of the relationship between the concepts of the defense-industrial complex and the military-industrial complex.

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

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.