Research Articles

11:05 | July 14, 2018


Slobodanyuk I. A.

21:35 | May 19, 2018


Mintyagov S. A.

LEGAL REGULATION OF MILITARY POLICE OF THE ARMED FORCES OF THE RUSSIAN FEDERATION: CHANGES IN LEGISLATION

The specialized law enforcement body – the military police of the Armed Forces of the Russian Federation was established in 2011 by the Russian Federation Ministry of Defense. The military police law enforcement activities have revealed the imperfection of the legislative framework. In this regard, a number of legislative acts regulating its activities have been repeatedly corrected. This article presents a scientific and practical commentary to some provisions of the Russian Federation President Decree from of May 16, 2017, No. 210, in the part concerning the amendments to the General military statutes of the Armed Forces of the Russian Federation regulating the military police activities and the Statute of the military police of the Russian Federation. The author raises the problem of “dual subordination” since both territorial and regional bodies of the military police in addition to their direct subordination to the central bodies also subordinate to the chief of the garrison (on issues of garrison service) and the commander of the district (for special issues), respectively. The author concludes that some issues of legal regulation of the military police activities still need to be clarified.

military police charter garrison service changes powers

22:41 | May 17, 2018


Nazarenko T. N.

PRACTICE AS AN ESSENTIAL REGULATOR OF MILITARY PUBLIC RELATIONS

The article discusses the formation of judicial practice in the field of military public relations. The author notes that the military courts are not a newly emerged institution of the legal system of the Soviet or post-Soviet space, but they have passed a large and complex path of their development, which has a 300-year history, which is inseparably linked with landmarks of the state, with the dynamics of improving the entire judicial system of the country as a whole, with the main stages of the functioning of the Russian army. In the end of the article, the author sums up that the almost twenty-year period of the functioning of military courts in the conditions of the new Russian statehood testifies to the effectiveness and timeliness of their efforts to protect the rights and legitimate interests of servicemen, the implementation of independent justice, the creation of reliable legal measures to implement the rights and legitimate interests of servicemen by means judicial power, which is designed not only to ensure their protection, but also contribute to the strengthening of military discipline, enhance the fighting individuality and readiness of units and formations of military units of the country, and ultimately aims at protecting the interests of individuals, society and the state and national security through legal means.

military courts legal certainty judicial practice the legal position of the higher judiciary

14:47 | May 17, 2018


Dyomin O. A.

ON THE PROBLEMS OF INVESTIGATING VIOLATIONS OF THE RULES OF FLIGHTS OR THE PREPARATION FOR THEM OF THE ARMY AVIATION OF THE AEROSPACE FORCES OF THE ARMED FORCES OF THE RUSSIAN FEDERATION

This article is devoted to the problems that often arise before investigators of military investigative department when investigating violations of the rules of flights or preparing them for military aviation of the Airborne Forces of the Armed Forces of the Russian Federation. The author passes on the development of a private methodology for investigating violations of the rules of flight by the armed forces could help to improve the effectiveness of fighting this type of crime against military service. It should be noted that within the framework of the topic under discussion, one can not but emphasize the fact that the problematic of investigating violations of the rules of flights or the preparation of helicopters for army aviation has not been studied at the proper level. The absence of a private methodology for investigating these violations to some extent hinders the overcoming of difficulties that arise before investigators of military investigative bodies when investigating this category of criminal cases. The author focuses that on the whole, the dynamics of all types of flight incidents in military aviation do not tend to increase, the problems of ensuring flight safety, the highly qualified investigation of each violation of flight rules and preparation for them retain their high relevance and significance.

violation of flight rules army aviation problems of investigation

20:10 | May 15, 2018


MILITARY UNIVERSITY: WE HAVE A LOT TO BE PROUD OF!

2018 marks the 73rd anniversary of the Victory in the Great Patriotic War. Then, on May 9, 1945, the Soviet people defeated the most terrible threat of the twentieth century – fascism. During the severe war years, the best qualities of our people were manifested in full: steadfastness, heroism, military valor, readiness for self-sacrifice in the name of the triumph of good and justice. An invaluable contribution to the victory over the German fascist invaders was made by the Military University: already in the first days of the Great Patriotic War, many listeners and teachers of the Military-Law Academy went off to the war, many were awarded orders and medals, many did not return...

military law school veteran of the military law

19:59 | May 15, 2018


Zatelepin O. K.

SERVICE TO THE FATHERLAND, SCIENCE AND EDUCATION (TO THE 98TH ANNIVERSARY OF PROFESSOR KH. M. AHMETSHIN)

The article is dedicated to Honored Scientist of the Russian Federation Ahmetshin Khasan Mubarakovich, who is one of the founders and a major specialist of the national military law school and who for over 60 years continuously worked at the Criminal Law Department of the Military University of the Defense Ministry of the Russian Federation. The article tells about the life and work path of Kh. M. Akhmetshin, special attention is paid to his works devoted to the problems of military criminal legislation.

military law school veteran of the military law

17:25 | April 19, 2018


Rybakova M. A.

BASIC PRINCIPLES AND VARIETY OF INTERACTION OF THE DEFENSE MINISTRY OF THE RUSSIAN FEDERATION WITH OTHER STATE BODIES IN COURSE OF REGULATORY ACTIVITIES

The article is devoted to the most important functions of the Russian Defense Ministry – standard-setting in the field of defense and military security, as well as issues of interaction between the Russian Defense Ministry with other state bodies in this area. The purpose of the work is to disclose the principles of interaction of the Defense Ministry of the Russian Federation with other state bodies in the field of norm-setting. Analysis and synthesis, as well as dialectical method were used in the course of the research. The author formulates and describes the main principles of interaction of the Defense Ministry of the Russian Federation with other state bodies in the sphere of norm-setting activities scribed and gives a classification of such interaction on the basis of different criteria. As a result, the author concludes that strict adherence to the subjects of the rulemaking described in the article will ensure effective, consistent legal and regulatory framework in the area of state military security.

norm-setting activity law-making activity principles of cooperation in the area of norm-setting activities interaction defense of the country

10:50 | April 12, 2018


But N. D. , Akimov L. Y.

PRESENT-DAY DIRECTIONS FOR ENSURING ENERGY SECURITY IN RUSSIA

The issues of law enforcement in the field of electric power industry are of special attention of prosecutorial bodies due to the socio-economic importance of the relevant industry. Prosecutor’s supervision has recently begun to play an increasingly important role in connection with significant regulatory changes aimed at combating illegal actions that are associated with non-compliance with payment discipline and improper consumption of electrical energy. At the same time, the analysis of law enforcement practice shows that the key prerequisites for ensuring legality lie not so much in the effective organization of the system of state supervision and coercive measures as in the level of quality of the regulatory regulation itself. The authors of the article on the basis of a comprehensive retrospective analysis of the improvement of the legislation in the electric power industry conclude that the formed legal norms aimed at preventing and suppressing unlawful acts often do not correspond to the actual essence of the economic relations that develop in the industry. In connection with these, the article contains specific recommendations on possible areas for improving regulatory measures (including in the area of establishing administrative and criminal liability), which, in the long term, will make it possible to avoid breaking off the rule-making process from the actual content of public relations that need legal regulation.

national security energy security electric power economy legislation legality electric power industry

02:30 | April 12, 2018


Morkhat P. M.

ON THE ISSUE OF THE COMPLIANCE OF AUTONOMOUS INTELLECTUAL WEAPONS SYSTEMS TO THE PRINCIPLES OF INTERNATIONAL HUMANITARIAN LAW

This article is devoted to some aspects of the military application of artificial intelligence in terms of international humanitarian law. Scientific methods of analysis and synthesis were used. The author presents definition of the concept of “artificial intelligence”. The article describes the concept of weapons (weapons systems) equipped with artificial intelligence. The goals and priorities of international humanitarian law in the context of the military application of artificial intelligence are shown. The specifics of use of artificial intelligence in terms of international law, the requirements for intellectual weapons and some problems of its use, and possible measures to regulate use of autonomous intellectual weapons systems within the framework of international humanitarian law are considered in this article. The article concludes that today the issues of use of artificial intelligence and autonomous weapons systems under the rules of international humanitarian law are not directly regulated and provide legal solution of the described problem.

international humanitarian law artificial intelligence theory of law military law international law autonomous intellectual weapons systems

13:45 | April 11, 2018


Kudinov M. A.

THE CONCEPT OF “WAR CRIME” IN INTERNATIONAL LAW

The article deals with the history of the “war crime” concept formation in international law. The provisions of the Rome Statute are analyzed, the general characteristics of the composition of war crimes are highlighted in accordance with the Rome Statute. According to the author, the concept of “war crime” acquires particular relevance in the context of international law since it is used by various international institutions, but there is no common understanding of its significance. In scientific literature there are also disagreements about the “war crime” concept meaning. The author believes that the difference between a war crime and any other criminal act is primarily that unlawful acts are committed in the context of an armed conflict and are closely related to it, and the perpetrator of the crime realizes that an armed conflict does take place. The conclusion is done that a “war crime” should be understood as deliberate acts committed systematically and massively in the context and in connection with international and non-international armed conflicts within the framework of a plan or policy of violating the rules and customs of warfare.

war crime international criminal law international humanitarian law Nuremberg Tribunal Geneva Conventions The Rome Statute Additional Protocols to the Geneva Conventions

09:45 | April 11, 2018


Sorochkin A. S.

COMPARATIVE-LEGAL ANALYSIS OF MILITARY INVESTIGATION BODIES’ ACTIVITIES IN THE RUSSIAN FEDERATION AND CANADA

The parties of international legal relations show an increased interest in the study and mutual use of the experience of military construction, including military-legal aspects. Quite often in the Russian scientific literature, there is an unfounded exaggeration of the merits and advantages of the existing mechanism of the criminal legal regulation of military-service relations abroad. The purpose of this study is to conduct a comparative legal analysis of the national experience of the functioning of military investigative bodies in the Russian Federation and Canada on the basis of such criteria as the specificity of the regulatory and legal framework and organizational structure, functional purpose and range of powers, the degree of organizational independence and the nature of the personnel policy. The author substantiates the conclusion that the most important conditions for the successful implementation by the military investigative authorities of their powers are non-departmental status, independence, organizational and functional independence from other institutions of state power, as well as the specificity of the personnel policy in this area. The uniqueness of the system of military investigation bodies of the Investigative Committee of the Russian Federation independent from other state authorities is seen in the preservation of military service and deep integration into the system of the Ministry of Defense of the Russian Federation at the stage of training of personnel in general and in the course of investigations in particular.

military investigative authorities preliminary investigation National Service of Investigation of the Armed Forces of Canada military justice bodies of the Russian Federation and Canada

09:40 | April 4, 2018


Startsun V. N. , Balkanov I. V.

WARS OF THE 21st CENTURY: CREATION OF NEW STANDARDS OF INTERNATIONAL LAW

This article examines the laws and customs of war in the 21st century in the context of the existing standards of international law. The article analyzes features of modern wars, in particular, the emergence of conflicts in space and cyberspace, the use of partially and completely autonomous weapon systems, the involvement of private military and security companies in armed conflicts, humanitarian interference, terrorism. It substantiates the importance of bringing the existing norms of international law in line with the realities of the 21st century. The author comes to the conclusion that the existing norms of military law do not provide an effective solution to international and non-international armed conflicts, and, therefore, based on international experience, it is necessary to build a dialogue on a national and global scale in the shortest possible time. It is noted that in order to achieve this goal experts of various fields – scientists, politicians, lawyers – should be involved in such a dialogue.

standards of international law international and non-international armed conflicts private military and security companies conflicts in space and cyberspace partially and completely autonomous weapon systems humanitarian intervention terrorism

09:00 | March 30, 2018


Vladislav K. V.

PARTICIPATION OF IMMIGRANTS FROM CENTRAL ASIA IN TERRORIST ACTIVITIES IN THE TERRITORY OF RUSSIA

The article deals with the problem of the participation of immigrants from the Central Asian region in terrorist activities in the territory of Russia. The author analyzes the factors that contribute to the formation of terrorist threats on the part of immigrants from Central Asia, the specifics of terrorist activities involving people from Central Asia and suggests promising directions for counteracting these terrorist threats. The author points out the reasons for the strengthening of atherogenic potential and the growth of the severity and scale of terrorist threats emanating from the Central Asian region. The author notes that there are a number of issues that have not been studied yet: the criminological determination of terrorist crimes with the participation of immigrants from the Central Asian region, the specifics of the "terrorist handwriting" of "sleeping" cells, consisting of representatives of Central Asia, especially the operational-investigative and investigative practices in relation to this category of persons.

terrorist activity Central Asian region international terrorist organizations migration of militants immigrants from Central Asia threatening factors on the part of immigrants from Central Asia

21:44 | March 22, 2018


Idrisov R. F. , Sinitsyn I. M.

ENSURING ECONOMIC SECURITY IN THE ARMED FORCES OF THE RUSSIAN FEDERATION

The article is devoted to the problems associated with the issues of economic security, which is of strategic importance for the growth of the economy of the state, the competitiveness of the national economy in the international arena, as well as ensuring tasks in the field of defense and security. The purpose of the research work is to analyze the effectiveness of the military Prosecutor’s office within its competence, as well as issues requiring close attention to ensure economic security, especially the identification of violations of the budget legislation governing the expenditure of funds allocated for national defense. Using the methods of formal and dialectical logic, the author examines the legislation, national and international practice in the corresponding area. The results of the study are of significant practical importance and may be used for identifying probable threats to economic security and considering issues related to the functioning of military economy as a special branch of economic security.

national security economic security

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