Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-14-21
Sergey D. Militsin
The article discusses the features of absentee proceedings in criminal cases. The author substantiates the need and possibility of completing the preliminary investigation and sending the criminal case to court in the absence of the accused upon the occurrence of certain circumstances and conditions during a special military operation conducted by the Russian Federation.
{"title":"Criminal Proceedings in Absentia: Reflections during the Special Military Operation","authors":"Sergey D. Militsin","doi":"10.18572/2070-2108-2024-2-14-21","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-14-21","url":null,"abstract":"The article discusses the features of absentee proceedings in criminal cases. The author substantiates the need and possibility of completing the preliminary investigation and sending the criminal case to court in the absence of the accused upon the occurrence of certain circumstances and conditions during a special military operation conducted by the Russian Federation.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"27 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140439664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-22-28
V. V. Kudinov
The article is dedicated to relevant issues of legal act drafting in the security assurance sphere in the Russian Federation. The author shows some features of the development of the legal regulation in the activities of security authorities based on an analysis of regulations of our country. The use of “national security authority” and “security authority” terms in the Russian laws is shown in the historical development, from 1917 to the present day.
{"title":"National Security Authorities: Terminology Features","authors":"V. V. Kudinov","doi":"10.18572/2070-2108-2024-2-22-28","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-22-28","url":null,"abstract":"The article is dedicated to relevant issues of legal act drafting in the security assurance sphere in the Russian Federation. The author shows some features of the development of the legal regulation in the activities of security authorities based on an analysis of regulations of our country. The use of “national security authority” and “security authority” terms in the Russian laws is shown in the historical development, from 1917 to the present day.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140440232","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-28-34
Sergey V. Trofimov
The article studies theoretical and practical issues of the legal regulation of social protection of Russian citizens taking part in military actions in the south-east of Ukraine within the framework of the special military operation. The author proves that there is a need for the immediate development of new and amendment of the existing provisions of tax laws that regulate the application of legal mechanisms of social support of special military operation participants and their family members. Attention is paid to the existing undervaluation of seriousness of the current position, gaps and discrepancies in regulations that govern issues of social protection of Russian citizens fighting to protect the interests of the Russian state.
{"title":"On Some Aspects of Social Protection of Special Military Operation Participants","authors":"Sergey V. Trofimov","doi":"10.18572/2070-2108-2024-2-28-34","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-28-34","url":null,"abstract":"The article studies theoretical and practical issues of the legal regulation of social protection of Russian citizens taking part in military actions in the south-east of Ukraine within the framework of the special military operation. The author proves that there is a need for the immediate development of new and amendment of the existing provisions of tax laws that regulate the application of legal mechanisms of social support of special military operation participants and their family members. Attention is paid to the existing undervaluation of seriousness of the current position, gaps and discrepancies in regulations that govern issues of social protection of Russian citizens fighting to protect the interests of the Russian state.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140441697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-35-40
Evgeny A. Glukhov
The article analyzes the regulatory regulation of the construction of federal state bodies, which provide for military service. It is noted that the structure of any military department should be derived from the functions performed by it and aimed at their optimal performance. Since it should dynamically change along with the development of military science, means and methods of warfare, it is not appropriate to fix the structure of military organizations in a nor-mative manner, at the same time it should be defined in order to clarify the powers of military structures in relations with other persons and the most optimal achievement of their goals.
{"title":"Legal and Organizational Determinants of the Structure of Military Ministries and Departments","authors":"Evgeny A. Glukhov","doi":"10.18572/2070-2108-2024-2-35-40","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-35-40","url":null,"abstract":"The article analyzes the regulatory regulation of the construction of federal state bodies, which provide for military service. It is noted that the structure of any military department should be derived from the functions performed by it and aimed at their optimal performance. Since it should dynamically change along with the development of military science, means and methods of warfare, it is not appropriate to fix the structure of military organizations in a nor-mative manner, at the same time it should be defined in order to clarify the powers of military structures in relations with other persons and the most optimal achievement of their goals.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"14 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140441128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-2-6
Aleksey V. Barkov, Igor P. Petrash
The purpose of the article is to present evidence of the novelty of the structure of private military companies of the 21st century by exclusion of their prototype of the 11th to the 19th century and demonstration of testing of certain elements of the experimental legal regime in respect of such subjects within the framework of a working hypothesis, taking into account corporate law trends of the 21st century.
{"title":"Private Military Companies of the 21st Century as Mission-Oriented Corporations","authors":"Aleksey V. Barkov, Igor P. Petrash","doi":"10.18572/2070-2108-2024-2-2-6","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-2-6","url":null,"abstract":"The purpose of the article is to present evidence of the novelty of the structure of private military companies of the 21st century by exclusion of their prototype of the 11th to the 19th century and demonstration of testing of certain elements of the experimental legal regime in respect of such subjects within the framework of a working hypothesis, taking into account corporate law trends of the 21st century.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"42 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140440633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-7-13
Nikita A. Kolokolov
The author studies the concept of barrack hooliganism (abuse, bullying, hazing) understood as the aggregate of obviously illegal demonstrative attempts of some military servicemen to establish control over other military servicemen by applying mental, physical and sexual violence (shadow law). An in-depth study of this subject gives grounds to conclude that barrack hooliganism is not just a historical category but an international one.
{"title":"Barrack Hooliganism (Art. 335 of the Criminal Code of the Russian Federation). Article 1. On the History and Essence of the Issue","authors":"Nikita A. Kolokolov","doi":"10.18572/2070-2108-2024-2-7-13","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-7-13","url":null,"abstract":"The author studies the concept of barrack hooliganism (abuse, bullying, hazing) understood as the aggregate of obviously illegal demonstrative attempts of some military servicemen to establish control over other military servicemen by applying mental, physical and sexual violence (shadow law). An in-depth study of this subject gives grounds to conclude that barrack hooliganism is not just a historical category but an international one.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"27 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140441265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-22DOI: 10.18572/2070-2108-2024-2-41-45
Maria I. Potekhina, Evgeny N. Yakovets
The article talks about diplomatic, economic and military measures on the part of the Russian Empire aimed at annexing new eastern lands, including Manchuria. The efforts of our country related to solving this problem are analyzed in historical retrospect. Special attention is paid to the construction of the Manchurian Railway (later the Chinese Eastern Railway), which passed through the specified province of China. The reasons that did not allow the annexation of Manchuria to the territory of our country at the time are analyzed. The significance of these events is assessed in the light of the current geopolitical situation in the world.
{"title":"On the Hills of Manchuria...","authors":"Maria I. Potekhina, Evgeny N. Yakovets","doi":"10.18572/2070-2108-2024-2-41-45","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-2-41-45","url":null,"abstract":"The article talks about diplomatic, economic and military measures on the part of the Russian Empire aimed at annexing new eastern lands, including Manchuria. The efforts of our country related to solving this problem are analyzed in historical retrospect. Special attention is paid to the construction of the Manchurian Railway (later the Chinese Eastern Railway), which passed through the specified province of China. The reasons that did not allow the annexation of Manchuria to the territory of our country at the time are analyzed. The significance of these events is assessed in the light of the current geopolitical situation in the world.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"12 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140441403","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/2070-2108-2024-1-6-10
Vladimir A. Vinokurov
In the article, through the prism of constitutional norms and norms of the Federal Constitutional Law “On Martial Law”, the new concept of “special military operation”, which appeared within the framework of a special legal regime of martial law, is considered. At the same time, the acts of the President of the Russian Federation, which introduced martial law on the territory of certain subjects of the Russian Federation, are taken into account. Based on the results of the analysis, an explanation of the phrase “special military operation” is proposed. The Decree of the President of the Russian Federation of October 19, 2022 No. 757 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation of October 19, 2022 No. 756”, providing for measures to be implemented in the subjects of the Russian Federation in connection with the publication of the Decree of the President of the Russian Federation of October 19, 2022, is analyzed No. 756 “On the introduction of martial law in the territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions”. Legal inconsistencies and legal and technical errors have been identified in the text of the analyzed act. As a result of the conducted research, proposals were formulated to amend the Federal Constitutional Law “On Martial Law” and to amend the Decree of the President of the Russian Federation No. 757 of October 19, 2022 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation No. 756 of October 19, 2022”.
{"title":"Special Military Operation: Legal Problems","authors":"Vladimir A. Vinokurov","doi":"10.18572/2070-2108-2024-1-6-10","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-6-10","url":null,"abstract":"In the article, through the prism of constitutional norms and norms of the Federal Constitutional Law “On Martial Law”, the new concept of “special military operation”, which appeared within the framework of a special legal regime of martial law, is considered. At the same time, the acts of the President of the Russian Federation, which introduced martial law on the territory of certain subjects of the Russian Federation, are taken into account. Based on the results of the analysis, an explanation of the phrase “special military operation” is proposed. The Decree of the President of the Russian Federation of October 19, 2022 No. 757 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation of October 19, 2022 No. 756”, providing for measures to be implemented in the subjects of the Russian Federation in connection with the publication of the Decree of the President of the Russian Federation of October 19, 2022, is analyzed No. 756 “On the introduction of martial law in the territories of the Donetsk People's Republic, Luhansk People's Republic, Zaporozhye and Kherson regions”. Legal inconsistencies and legal and technical errors have been identified in the text of the analyzed act. As a result of the conducted research, proposals were formulated to amend the Federal Constitutional Law “On Martial Law” and to amend the Decree of the President of the Russian Federation No. 757 of October 19, 2022 “On measures implemented in the subjects of the Russian Federation in connection with the Decree of the President of the Russian Federation No. 756 of October 19, 2022”.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"18 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139596246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/2070-2108-2024-1-35-37
Natalya N. Artemenko
The dispositions of qualified looting compounds cannot currently be called perfect due to the fact that the practice of applying the norm has not yet developed a unified approach to the application of the novelties of criminal law. Due to the fact that criminal legislation as a whole is aimed at the monotony of its application, the law enforcement officer in the investigation and consideration of criminal cases, currently it is necessary to be guided by the provisions developed by practice in relation to other elements of crimes, which include the resolutions of the Plenum of the Supreme Court of the Russian Federation on crimes against property and crimes encroaching on life and health.
{"title":"Regulation of Responsibility for Qualified Types of Looting","authors":"Natalya N. Artemenko","doi":"10.18572/2070-2108-2024-1-35-37","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-35-37","url":null,"abstract":"The dispositions of qualified looting compounds cannot currently be called perfect due to the fact that the practice of applying the norm has not yet developed a unified approach to the application of the novelties of criminal law. Due to the fact that criminal legislation as a whole is aimed at the monotony of its application, the law enforcement officer in the investigation and consideration of criminal cases, currently it is necessary to be guided by the provisions developed by practice in relation to other elements of crimes, which include the resolutions of the Plenum of the Supreme Court of the Russian Federation on crimes against property and crimes encroaching on life and health.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"68 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139597028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-25DOI: 10.18572/2070-2108-2024-1-18-23
D. A. Semyannikova
This article discusses the features of the regional legal regulation of social security for military personnel participating in the special military operation and their family members. The legal regulation of social security addressed to both military personnel and their family members confirms the differentiation both in determining the amount of payments and in establishing the conditions for their provision in the regions. The legislators of regions of the Russian Federation, considering on the level of social risk, accompanied by factor as participation in hostilities, which affects the severity and probability of social risk, assign a certain set of rights in the field of social security to a serviceman participating in the SMO and his family. to material (monetary) provision of military personnel participating in the SMO can be provided for several reasons, which allows solving several social security tasks at the same time to mitigate (overcome) the consequences of the social risk.
{"title":"Social Security for Military Servicemen Participating in the Special Military Operation (Regional Aspect)","authors":"D. A. Semyannikova","doi":"10.18572/2070-2108-2024-1-18-23","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-18-23","url":null,"abstract":"This article discusses the features of the regional legal regulation of social security for military personnel participating in the special military operation and their family members. The legal regulation of social security addressed to both military personnel and their family members confirms the differentiation both in determining the amount of payments and in establishing the conditions for their provision in the regions. The legislators of regions of the Russian Federation, considering on the level of social risk, accompanied by factor as participation in hostilities, which affects the severity and probability of social risk, assign a certain set of rights in the field of social security to a serviceman participating in the SMO and his family. to material (monetary) provision of military personnel participating in the SMO can be provided for several reasons, which allows solving several social security tasks at the same time to mitigate (overcome) the consequences of the social risk.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"33 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139598058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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