THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
ISSUE CONTENTS:
1. Special military operation as a special legal regime.
KoryakinV.M., Doctor of Law, Professor, Professor of the Federal State ducational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation
Abstract. The article examines the issues of institutionalization of a special military operation against Ukraine as a special legal regime. A narrow and broad approach to the definition of the essence of this legal regime is presented. In the narrow sense of the word, a special military operation is an armed conflict of an international actor, which is a special legal regime related to the organization and conduct of armed confrontation between the conflicting parties. In a broad sense, a special military operation includes elements of other special legal regimes in force during its conduct. We are talking about the regimes of martial law, mobilization, counterterrorist operation, and state of emergency. These regimes differ significantly in terms of their duration and territorial localization. Thus, the regime of a special military operation is a complex legal entity in which several simultaneously operating special legal regimes are integrated, subordinated to the achievement of a single goal — demilitarization and denazification of Ukraine, ensuring the safety of citizens, restoring the territorial integrity of the Russian Federation within the borders defined by the Constitution of the Russian Federation.
Keywords: special military operation;regime of armed conflict; martial law; state of emergency; mobilization; counterterrorist operation; sanitary (buffer) zone.
2. Actions of personnel of law enforcement agencies in case of sudden attacks by unmanned aircraft in special conditions.
Konik A.A., Deputy Head of the Department of Tactical and Special Training Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin, Police Major, Candidate of pedagogical sciences, associate professor; Afonin R.E., Senior lecturer at the Department of Physical Training Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin, Police Lieutenant Colonel; Zinchenko D.S., Lecturer at the Department of Safety at Transport Facilities Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin, Senior Police Lieutenant; Klimov I.M., Head of the Department for the development of means of countering the functioning of unmanned vehicles CRBAiSPiF NIIIST FKU NPO STIs of the Ministry of Internal Affairs of Russia, Captain of the internal service
- The use of unmanned aircraft during paramilitary conflicts has made significant changes in the tactics of warfare. Particularly intensive development in the field of the use of various unmanned aircraft is noted during the special military operation. This scientific article systematizes and summarizes the experience of using unmanned aerial vehicles to defeat enemy personnel and equipment, describes the ways of their application, the advantages of power unit specialists provided by the technical capabilities of quadrocopters. Based on the experience gained during the special military operation, practical recommendations have been developed for identifying and further countering threats that may arise from the use of disembodied aircraft by the enemy.
Keywords: unmanned aircraft, electronic warfare, law enforcement agencies, special conditions of service, special military operation.
3. Specifics of the current stage of implementation of norms international law in the field of military captivity into Russian legislation.
Kiritsa O.S., Member of the Legislative Assembly Nizhny Novgorod region
Abstract: The article, based on the results of studying legal positions set out in the scientific literature, characterizes the complex of legal norms characterizing the implementation of international law in the field of military captivity in Russian legislation, and also highlights current trends and problematic aspects of the implementation of international law in the field of military captivity into the national legislation of the Russian Federation. The subject of research in the work is the specifics of the current stage of implementation of international law in the field of military captivity in Russian legislation. As a research methodology, the authors used systemic, complex legal and comparative legal theoretical and methodological approaches, as well as methods of analysis, analogy, deduction, synthesis, comparison and generalization. The author's position is formulated regarding the essence and importance of the implementation of international law into national legislation at the present stage and during wartime under martial law. A systematic analysis of the concepts of «prisoners of war» and «victims of war», as well as «captivity of war» was carried out. It is noted that the concept of «captivity of war» is intended for its use and application during wartime, with the aim of humane treatment of persons captured and respect for their human dignity. Discursive issues are revealed about the possibility of further implementation of international law, in particular those relating to the regime of military captivity in Russian legislation, as well as the development of rules for the regime of military captivity in armed conflict based on recommendatory international legal norms. The results of the author’s analysis may be of interest to researchers of state legal and international legal problems, and can also be used in training in the specialty «Legal Support of National Security».
Keywords: military law; international humanitarian law; the law of armed conflict; implementation of international law; military occupation; military captivity; armed conflict; military actions, prisoners of war.
4. Financial and legal aspects of donation for military needs (law enforcement aspects).
Sergey V. Shankhaev, PhD in Law, Associate Professor of the Prince Alexander Nevsky Military University of the Ministry of Defense of the Russian Federation
Abstract: The article deals with issues related to the taxation of donations made for military needs, in particular for the needs of participants in the military. An overview of the acts explaining the application of legislation on taxes and fees is provided.
Keywords: donation, taxation, military needs.
5. Legal and theoretical generalizations on the procedure for recognizing the death of a serviceman of the Russian National Guard troops in direct causal connection with intoxication (alcohol, narcotic or toxic) in order to pay insurance amounts (compensation).
P.Yu. Naumov, Candidate of Pedagogical Sciences, Assistant to the head of the Federal State Institution "Main Military Clinical Hospital of the National Guard Troops of the Russian Federation" for legal work – Head of the Department of Legal Support; I.S. Melentyev, Assistant to the head of the Department of Legal Support of the Federal State Institution "Main Military Clinical Hospital of the National Guard Troops of the Russian Federation"; A.A. Ironov, Candidate of Psychological Sciences, teacher departments of the university
Abstract: The current issues of payment of insurance amounts to military personnel (members of their families) within the framework of compulsory insurance of their life and health were considered.
Keywords: military personnel, insurance payments, Rosgvardiya
6. On medical care during conscription for military service upon mobilization: legal aspect.
Barannikov M.M., lecturer at the Russian State University of Justice; Kharitonov Stanislav Stanislavovich, Candidate of Legal Sciences, Professor
Abstract: The article discusses certain issues related to the interpretation and, accordingly, the application of legal norms in the field of medical support for persons called up for mobilization. Attention is drawn to the different understanding by law enforcers of legal regulations in this area.
Key words: medical support for military personnel; treatment of military personnel; military medical commission; military medical examination; serviceman; military courts; mobilization.
7. Continuing and ongoing crimes: new legal positions (scientific and practical commentary on the resolution of the Plenum of the Supreme Court of the Russian Federation "On certain issues of judicial practice in criminal cases of continuing and ongoing crimes" dated December 12, 2023 No. 43).
Eermolovich Yaroslav 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
Annotation. The article comments on the newly adopted resolution of the Plenum of the Supreme Court of the Russian Federation "On some issues of judicial practice in criminal cases of continuing and continuing crimes" dated 12.12.2023 No. 43, as well as other resolutions of the Plenum of the Supreme Court of the Russian Federation, which address issues of continuing and continuing crimes, identify the positive and negative sides of new approaches to the definition of continuing and ongoing crimes in connection with the legal positions set out in previously adopted acts of judicial interpretation.
Keywords: criminal law, criminal liability, judicial practice, interpretation of law, qualification of crimes, continuing crime, ongoing crime.
8. Unauthorized abandonment of a unit or place of duty during the period of mobilization: problems of qualification and issues of sentencing.
Kharitonov S.S., Candidate of Legal Sciences, Professor; Sharapov S.N., candidate of legal sciences, associate professor, professor at the Military University
Abstract: The article discusses the qualifications of unauthorized abandonment of a unit or place of service in connection with a special military operation. The need to take into account the impact of the beginning of mobilization on criminal actions associated with unauthorized abandonment of a military unit or place of service is shown.
Key words: criminal liability of military personnel; crimes against the rules of military service; unauthorized abandonment of a unit or place of service; military courts; military judicial practice.
9. Special periods as aggravating circumstances (qualifying signs).
P.E. Meleshko, Associate Professor of the Department of Criminal Law at the Military University, PhD in Law.
Abstract. The article considers the issues of the application of aggravating circumstances (qualifying signs) related to the period of mobilization, the period of martial law, the conditions of warfare, the conditions of armed conflict, wartime (special periods), as well as issues of their relationship with each other, taking into account the practice of military courts.
Keywords: special periods, period of mobilization, period of martial law, conditions of warfare, conditions of armed conflict, wartime, qualifying signs, aggravating circumstances.
10. On conducting a military statutory examination in the investigation of criminal cases against military personnel.
N.S. Kirichenko, lawyer, Candidate of Legal Sciences; A.S. Nabiev, Lawyer
Abstract. The article considers some legal and organizational issues related to the appointment and conduct by military investigative bodies of a military statutory examination, as part of the investigation of crimes committed by military personnel.
Keywords: military service, preliminary investigation, criminal case, criminal liability, criminal liability of military personnel, military statutory forensic examination, examination, military crimes.
11. Features of compliance with medical ethics requirements in wartime in relation to persons with mental disorders.
Belousova M., post-graduate student at the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
Abstract. The principles of medical ethics are an integral part of the norms of international humanitarian law regulating the treatment of patients in armed conflict. They remain the same in times of peacetime and wartime, and apply to all victims of war. The article examines some features of the implementation of these principles in relation to persons suffering from mental disorders.
Keywords: international humanitarian law, protection of war victims, wounded and sick, medical ethics.
12. Military temples: problems of legal regulation and solutions (history and modernity). Part 4.
Ovcharov O.A., candidate of legal Sciences
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.
13. The legal basis of the russian defense industry and the US military-industrial complex: methods of legal regulation.
A.V. Kudashkin, Doctor of Law, Professor, Honored Lawyer Of the Russian Federation; N.N. Melnik, an expert in the field of international military law of the United States, China and European countries, PhD (USA)
Abstract. The article deals with the problems of the economic basis of activity and legal regulation of enterprises of the defense industry of Russia and the military-industrial complex of the USA.
Keywords: military law, military-industrial complex, Russia, USA, legal regulation