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: 10.18572/2070-2108-2024-1-2-5
Sergey V. Ivaneev, Sergey P. Kocheshev
The article examines the problems of substantiating the content and relevance of the principle of objectivity of consideration as a necessary element in the argumentation and proof of truth in military legal science. The article emphasizes that in order to solve the most important problem of modern humanity — the problem of peace, the creation and improvement of democratic forms of society in the face of new challenges and threats from the collective West, not only new pedagogical methods and technologies are needed, new teaching methods based on distance learning and computer communication space, on the potential of interactive processes in groups of students, but also new forms of implementation of education itself: an eco-philosophical worldview and a modern picture of the world, the principles of humanism and human dimensions, the inclusion of the category and value of “life” in the education system, as well as the implementation of the process of socialization of conscripts based on the requirements of a new integrity, including socio-ecological guidelines.
{"title":"To the Problem of Substantiating the Content and Demand for the Principle of Objectivity in the Logic of the Modern Military Law Science","authors":"Sergey V. Ivaneev, Sergey P. Kocheshev","doi":"10.18572/2070-2108-2024-1-2-5","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-2-5","url":null,"abstract":"The article examines the problems of substantiating the content and relevance of the principle of objectivity of consideration as a necessary element in the argumentation and proof of truth in military legal science. The article emphasizes that in order to solve the most important problem of modern humanity — the problem of peace, the creation and improvement of democratic forms of society in the face of new challenges and threats from the collective West, not only new pedagogical methods and technologies are needed, new teaching methods based on distance learning and computer communication space, on the potential of interactive processes in groups of students, but also new forms of implementation of education itself: an eco-philosophical worldview and a modern picture of the world, the principles of humanism and human dimensions, the inclusion of the category and value of “life” in the education system, as well as the implementation of the process of socialization of conscripts based on the requirements of a new integrity, including socio-ecological guidelines.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"41 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139598300","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: 10.18572/2070-2108-2024-1-38-45
Nikita A. Kolokolov
The article analyzes the recent practices of the Constitutional Court of the Russian Federation and the Judicial Chamber on Cases of Military Servicemen of the Supreme Court of the Russian Federation. The focus is on the protection of the rights and legitimate interests of specific servicemen who were illegally convicted and/or deprived of the right to appropriate monetary remuneration based on the decisions of military courts. The analysis includes specific examples.
{"title":"Senior Courts Guarding the Rights and Legitimate Interests of Military Servicemen: A Direct Reminder of Article 37 of the Constitution of the Russian Federation, the Directly Applicable Law","authors":"Nikita A. Kolokolov","doi":"10.18572/2070-2108-2024-1-38-45","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-38-45","url":null,"abstract":"The article analyzes the recent practices of the Constitutional Court of the Russian Federation and the Judicial Chamber on Cases of Military Servicemen of the Supreme Court of the Russian Federation. The focus is on the protection of the rights and legitimate interests of specific servicemen who were illegally convicted and/or deprived of the right to appropriate monetary remuneration based on the decisions of military courts. The analysis includes specific examples.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140495662","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：