THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9

 ISSUE CONTENTS:  

 

1. Artificial intelligence systems: problems of qualification as a weapon.

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

Melnik N.N., is an expert in the field of international humanitarian law, military law of the United States, China and European countries, opklex@mail.ru

Abstract: The article discusses military systems with artificial intelligence, their use for military purposes, the problems of their qualification as weapons and responsibility for use in accordance with international law of armed conflict

Keywords: international law, armed conflicts, artificial intelligence, weapons.

 

2. Issues of ensuring the security contour and protection of the State borders of the Union State of the Russian Federation and the Republic of Belarus in the context of a special military operation.

Bobrova O.G., PhD in Law, docent Military University, Ministry of Defense of the Russian Federation, opklex@mail.ru

Annotation. The author formulated the factors influencing the development of the system of legal regulation of military security at the state border and border territories in the context of modern armed conflicts. The conceptual provisions on the legal instruments of the system of ensuring the security of the State border of the Russian Federation in the conditions of a special military operation, including the creation of demilitarized zones, the introduction of a legal regime of military security, the implementation of humanitarian barter within the framework of the functioning of the unified defense space of international military-political integration associations with the participation of Russia, are presented.

Keywords: Hybrid warfare, Armed Forces; border authorities; State border of the Russian Federation; military security; special military operation; defense; Union State

 

3. Features of organizational measures in the Armed Forces of the Russian Federation in the context of a special military operation.

Krasikov S.S., lawyer, opklex@mail.ru

Abstract: the author investigates problematic issues that may arise during organizational activities in the Armed Forces of the Russian Federation during a special military operation, and their relationship with the payment of monetary allowances and the production of individual payments to military personnel of the Armed Forces of the Russian Federation.

Keywords: military pay, individual payments to military personnel, special military operation, transfer to a new place of military service, organizational work in the military.

 

4. On the issue of the validity of recognizing superiors by military rank as officials.

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

Chumachenko N.A., cadet, opklex@mail.ru

Abstract:  the article considers the issues of criminal liability of superiors by military rank for official crimes, as well as the validity of recognizing them as officials under the Criminal Code of the Russian Federation.

Keywords: military officer, malfeasance, military unit, supervisors by seniority, superiors by military rank, unity of command, Russian Armed Forces.

 

5. Ensuring the rights of families by the prosecutor participants of the special military operation.

D.I. Yerezhipaliev, Candidate of Law, Head of the Department of the Scientific Research Institute University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Abstract: In the article, taking into account the analysis of law enforcement practice and research conducted at the University of the Prosecutor's Office of the Russian Federation, topical issues of ensuring the rights of families of participants in a special military operation by the prosecutor are highlighted. Typical violations of the laws in the field under consideration have been identified. It is noted that during the period of active development of domestic legislation in this area, the attention of prosecutors should continue to be directed to the real restoration of the rights of families of participants in a special military operation to receive state social assistance and payments.

Keywords: prosecutor, supervision, legality, checks, participants of the CBO, family with children, support measures.

 

6. On the application of legal norms governing the provision of military personnel participating in a special military operation with monetary allowance and other payments.

Parshakov A.S., Candidate of Law, Senior Researcher of the Research Department (military scientific information, military legal problems) of the Military University,

Kharitonov S.S., Candidate of Law, Professor, opklex@mail.ru

Abstract: the article analyzes some controversial issues of law enforcement practice in the field of monetary allowance of military personnel participating in a special military operation, and the provision of individual payments to them

Keywords: military service, serviceman, monetary allowance of military personnel, payments to military personnel, special military operation.

 

7. On some issues of granting benefits, tax deductions for military personnel, mobilized participants in a special military operation, as well as military pensioners and combat veterans.

Shenshin V.M., Candidate of Law, Associate Professor, Associate Professor of the Department of Theory and History of State and Law of the 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. Zinichev, opklex@mail.ru

Popkov D.V., Candidate of Economic Sciences, Associate Professor of the Department of Jurisprudence of the St. Petersburg State University of Architecture and Civil Engineering, opklex@mail.ru

Abstract: The presented study analyzes some of the benefits and tax deductions provided to military personnel, mobilized participants in a special military operation, as well as military retirees and combat veterans.

Keywords: special military operation, soldier, mobilized, military pensioner, combat veteran, land tax, transport tax, tax deduction, medical services, medicines.

 

8. On the appointment of a suspended sentence for unauthorized abandonment of a unit or place of service during a special military operation.

Lobov Ya.V., PhD in Law, Associate Professor, Associate Professor of the Department of Criminal Law of the Military University, opklex@mail.ru

Kharitonov S.S., PhD in Law, Professor, opklex@mail.ru

Abstract: The article examines the issues of assigning a suspended sentence for unauthorized abandonment of a unit or place of service during a special military operation. Examples from the practice of military courts on this issue are shown.

Keywords: criminal liability of military personnel; criminal punishment; unauthorized abandonment of a military unit.

 

9. On exemption from criminal liability and from criminal punishment and the expungement of a criminal record in connection with participation in a special military operation: a critical analysis.

Duyunov V.K., Doctor of Law, Professor, Professor of the Department of Criminal Law and Process Tolyatti State University, opklex@mail.ru

Zakomoldin R.V., Candidate of Legal Sciences, Associate Professor, research fellow at the research institute University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Abstract: The article examines the experience of legal regulation of relations in attracting persons who have come into conflict with the criminal law (suspects, accused, convicted persons) to participate in a special military operation. Federal Laws No. 270-FZ of June 24, 2023 and No. 64-FZ of March 23, 2024, adopted to regulate these relations, were subjected to critical analysis. The authors believe that caution should be exercised in allowing persons who have committed serious and especially serious crimes to be released from criminal liability and (or) from punishment.

Key words: criminal law; conflict with criminal law; criminal liability; incentives in criminal law; exemption from criminal liability; exemption from criminal punishment; expungement of a criminal record; special military operation; defense of the Fatherland; military service.

 

10. On some methodological aspects of the study of military criminal law in the countries of the Anglo-American legal family.

Vorobyov A.G., Candidate of Law, Associate Professor, lawyer, opklex@mail.ru

Abstract: The article highlights the main methods of conducting comparative legal studies of foreign countries by Russian and foreign military legal scientists in the military criminal and military penitentiary spheres during the XIX-XXI centuries. The key features of the Anglo-American legal family and the levels and methods of studying legal systems used in comparative law are presented, including normative, functional, doctrinal, historical-legal and other types of comparison, as well as existing approaches to the selection and combination of various methods to achieve the goals of comparative legal research. Taking into account the existing specifics of military law in the countries of the Anglo-American legal family, it is proposed

 

11. Template solutions of military leaders in the field of injury prevention: issues of law and effectiveness.

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

Abstract: the article analyzes the defects of law enforcement that have developed in the field of implementing measures to prevent injuries to military personnel and ensure the safety of military service. The author reveals the relationship of disciplinary sanctions applied to commanders of military formations with the causes of harm to the life and health of subordinates. The widest range of duties of military leaders, the inclusion in statistical reporting of data on injuries during off-duty hours, as well as template methods of decision-making determine the sometimes-unjustified involvement of commanders in disciplinary responsibility, as well as the conduct of template measures that do not affect the achievement of a positive result.

Keywords: military management, assessment of activity, template solution, causal relationship, management effectiveness, responsibility of the head, injury of military personnel, punishment for the acute, illusory correlation, formalism.

 

12. Assessing the risks of introducing a methodology for rating assessment of personnel of the Armed Forces of the Russian Federation.

Suhondyaeva T.Yu., Candidate of Law, Associate Professor, Associate Professor of the Federal State ducational Institution of Higher Education "Prince Alexander Nevsky Military University" of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract.  The methodology for assessing the effectiveness and efficiency of the professional work of state civil servants, developed back in 2016 by the Ministry of Labor and Social Protection of the Russian Federation, has also aroused interest in law enforcement agencies.  Attempts to develop a scientific and methodological apparatus for rating assessment of personnel of the Armed Forces of the Russian Federation were carried out in 2018 by the Higher School of Economics and in 2021 by the Prince Alexander Nevsky Military University. The article presents open materials that were not included in the final reports of research work, and, in light of the change in leadership of the Ministry of Defense, are potentially of interest for the further implementation of the technique or its refusal. The concept of risk assessment, as well as types of risks, is considered; objective factors and possible risks of implementing the methodology are correlated; recommendations were formulated to reduce possible risks of implementing the methodology; the positive impact of the introduction of the methodology for rating assessment of personnel of the Armed Forces of the Russian Federation was predicted. An assessment of the risks of introducing the methodology from the point of view of the presence of corruption factors was also carried out.

Keywords: performance assessment, personnel assessment, risk assessment, corruption factors, Armed Forces.

 

13.  Legislation of wartime or legislation on military conflicts: correlation of concepts, problems of terminology.

S.V. Taradonov, Candidate of Law, Associate Professor, Professor of the Department of Theory and History of State and Law of the Military University

Abstract: The article examines the problems of unification of military legal terminology, the essential characteristics of the concepts of "wartime", "wartime legislation", "legislation on military conflicts".

Keywords: military law, law of military conflicts, wartime, wartime legislation.