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}
Pub Date : 2024-01-25DOI: 10.18572/2070-2108-2024-1-14-17
Tatyana M. Lopatina
The presence of legal uncertainty in the status of a professional military of a private military campaign leads to real risks of classifying them as mercenaries. The article provides concrete examples of the development of a common regulatory platform for the legal regulation of the status of fighters of private military companies (hereinafter — PMCs) on the example of international conventions and the experience of individual states. The analysis carried out indicates the need to apply the accumulated international experience to legally consolidate the legal status of a PMCs employee in national legislation, since they do not fall under the definition of a mercenary existing in the criminal legislation of the Russian Federation. In addition to the problems outlined in the article, there are other legal aspects. Thus, neither international cooperation nor the national legislation of most States are yet ready to unify the approach to determining the legal basis for the use of mercenary armed formations to solve internal problems and their use outside the State.
{"title":"A PMC Member: А Mercenary or a Military Professional","authors":"Tatyana M. Lopatina","doi":"10.18572/2070-2108-2024-1-14-17","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-14-17","url":null,"abstract":"The presence of legal uncertainty in the status of a professional military of a private military campaign leads to real risks of classifying them as mercenaries. The article provides concrete examples of the development of a common regulatory platform for the legal regulation of the status of fighters of private military companies (hereinafter — PMCs) on the example of international conventions and the experience of individual states. The analysis carried out indicates the need to apply the accumulated international experience to legally consolidate the legal status of a PMCs employee in national legislation, since they do not fall under the definition of a mercenary existing in the criminal legislation of the Russian Federation. In addition to the problems outlined in the article, there are other legal aspects. Thus, neither international cooperation nor the national legislation of most States are yet ready to unify the approach to determining the legal basis for the use of mercenary armed formations to solve internal problems and their use outside the State.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"115 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139596578","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: 10.18572/2070-2108-2024-1-23-27
Sergey M. Malkov
The article gives a legal assessment of the fact of illegal charges brought by the International Criminal Court against the President of the Russian Federation and the Commissioner for the Rights of the Child under the President of the Russian Federation. The public danger of this fact as an international encroachment is considered from the perspective of possible consequences caused at the international and national level. The article analyzes the legal basis of criminal responsibility for the commission of acts by the International Criminal Court through the signs of the crime: the object, the objective side, the subject and the subjective side. It is concluded that the judges of the International Criminal Court committed a crime provided for by the criminal legislation of the Russian Federation.
{"title":"Charges Brought by the International Criminal Court Against a Person Known to Be Innocent as an International Encroachment and National Crime","authors":"Sergey M. Malkov","doi":"10.18572/2070-2108-2024-1-23-27","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-23-27","url":null,"abstract":"The article gives a legal assessment of the fact of illegal charges brought by the International Criminal Court against the President of the Russian Federation and the Commissioner for the Rights of the Child under the President of the Russian Federation. The public danger of this fact as an international encroachment is considered from the perspective of possible consequences caused at the international and national level. The article analyzes the legal basis of criminal responsibility for the commission of acts by the International Criminal Court through the signs of the crime: the object, the objective side, the subject and the subjective side. It is concluded that the judges of the International Criminal Court committed a crime provided for by the criminal legislation of the Russian Federation.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"39 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139598185","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: 10.18572/2070-2108-2024-1-11-14
Petr V. Letunovsky, Karina N. Sukhotina
The article deals with problematic issues arising in the qualification of certain crimes against military service, as well as against the peace and security of mankind. The paper provides a critical analysis of the latest changes made to the Criminal Code of the Russian Federation due to the special military operation in Ukraine. In particular, the author's recommendations for further improvement of the provisions provided for in paragraph “l” of Part 1 of Article 63, Article 352.1, Article 356.1 of the Criminal Code of the Russian Federation are given.
{"title":"Topical Issues of Qualifying Certain Crimes Caused by the Special Military Operation in Ukraine","authors":"Petr V. Letunovsky, Karina N. Sukhotina","doi":"10.18572/2070-2108-2024-1-11-14","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-11-14","url":null,"abstract":"The article deals with problematic issues arising in the qualification of certain crimes against military service, as well as against the peace and security of mankind. The paper provides a critical analysis of the latest changes made to the Criminal Code of the Russian Federation due to the special military operation in Ukraine. In particular, the author's recommendations for further improvement of the provisions provided for in paragraph “l” of Part 1 of Article 63, Article 352.1, Article 356.1 of the Criminal Code of the Russian Federation are given.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"7 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139597604","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: 10.18572/2070-2108-2024-1-31-34
Petr N. Kobets
The issue of preventing crime among military personnel was developed not so long ago, while for many years the subject of scientific analysis by scientists, as a rule, was only criminal manifestations of the category of citizens in question to the detriment of preventive activities. The author has convincingly proven that in modern conditions, work aimed at preventing criminal attacks by military personnel requires constant study, development of organizational components, increased effectiveness and improvement of the scientific and methodological basis. He comes to the conclusion that today there is a need to constantly conduct scientific research into military crime as a single phenomenon in order to determine the most typical causes and conditions for modern conditions that influence the development of these manifestations, determine the criminological possibilities of legal support and prevention similar acts. The implementation of this task closely connects representatives of criminological science with practical problems aimed at strengthening the combat readiness of the Russian Armed Forces, as well as increasing discipline and law and order in them.
{"title":"Improving Work on Preventing Crimes Committed by Military Servicemen","authors":"Petr N. Kobets","doi":"10.18572/2070-2108-2024-1-31-34","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-31-34","url":null,"abstract":"The issue of preventing crime among military personnel was developed not so long ago, while for many years the subject of scientific analysis by scientists, as a rule, was only criminal manifestations of the category of citizens in question to the detriment of preventive activities. The author has convincingly proven that in modern conditions, work aimed at preventing criminal attacks by military personnel requires constant study, development of organizational components, increased effectiveness and improvement of the scientific and methodological basis. He comes to the conclusion that today there is a need to constantly conduct scientific research into military crime as a single phenomenon in order to determine the most typical causes and conditions for modern conditions that influence the development of these manifestations, determine the criminological possibilities of legal support and prevention similar acts. The implementation of this task closely connects representatives of criminological science with practical problems aimed at strengthening the combat readiness of the Russian Armed Forces, as well as increasing discipline and law and order in them.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"30 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139596100","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: 10.18572/2070-2108-2024-1-28-30
Ravil M. Safin
The article analyzes modern maritime piracy, which poses a serious threat to maritime security and violates the universally recognized principle of freedom of the seas. According to the author, hot pursuit plays an important role in collecting evidence of committed maritime piracy. In conclusion, it is concluded that it is necessary to improve the regulatory and legal provisions on hot pursuit and the system of training military forces and means in general.
{"title":"The Use of Naval Forces to Counter Piracy at Sea: Hot Pursuit","authors":"Ravil M. Safin","doi":"10.18572/2070-2108-2024-1-28-30","DOIUrl":"https://doi.org/10.18572/2070-2108-2024-1-28-30","url":null,"abstract":"The article analyzes modern maritime piracy, which poses a serious threat to maritime security and violates the universally recognized principle of freedom of the seas. According to the author, hot pursuit plays an important role in collecting evidence of committed maritime piracy. In conclusion, it is concluded that it is necessary to improve the regulatory and legal provisions on hot pursuit and the system of training military forces and means in general.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"45 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139598133","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 : 2021-04-29DOI: 10.18572/2070-2108-2021-5-13-15
V. Shenshin
The article substantiates the position that the motivational and operative parts of the resolution adopted by the Constitutional Court of the Russian Federation are considered as a structurally unified whole that affects the administrative and jurisdictional activities of the Russian Guard. Analysis of the practice of the constitutional Court of the Russian Federation allows not only to assess the state of and prospects for strengthening the administrative and jurisdictional component, but also offer subject formed by the RF Constitutional Court decisions, some new conceptual approaches to understanding the nature and characteristics of administrative-jurisdictional activity.
{"title":"Impact of Decisions of the Constitutional Court of the Russian Federation on the Administrative and Jurisdictional Activities of the Russian Guard","authors":"V. Shenshin","doi":"10.18572/2070-2108-2021-5-13-15","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-13-15","url":null,"abstract":"The article substantiates the position that the motivational and operative parts of the resolution adopted by the Constitutional Court of the Russian Federation are considered as a structurally unified whole that affects the administrative and jurisdictional activities of the Russian Guard. Analysis of the practice of the constitutional Court of the Russian Federation allows not only to assess the state of and prospects for strengthening the administrative and jurisdictional component, but also offer subject formed by the RF Constitutional Court decisions, some new conceptual approaches to understanding the nature and characteristics of administrative-jurisdictional activity.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129888802","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 : 2021-04-29DOI: 10.18572/2070-2108-2021-5-21-24
S. Lazarev
The article highlights the reforms initiated by the Soviet leadership, headed by the first Secretary of the Central Committee of the Communist Party of the Soviet Union, N.S. Khrushchev, in the field of military education (1953–1964). According to a number of scientists, the transformations initiated in the army were unacceptable. Having made a bet on the development of weapons of mass destruction, the Soviet government believed that the nuclear power could do without a multi-million Armed Forces. Military training institutions and their staff were reduced along with the entire army, the prestige of the officer service was greatly shaken. As a result, almost all officers (including military pensioners) and their families unanimously welcomed the resignation of N.S. Khrushchev in October 1964.
{"title":"Questions of Military Training in the Soviet Legislation 1953–1964","authors":"S. Lazarev","doi":"10.18572/2070-2108-2021-5-21-24","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-21-24","url":null,"abstract":"The article highlights the reforms initiated by the Soviet leadership, headed by the first Secretary of the Central Committee of the Communist Party of the Soviet Union, N.S. Khrushchev, in the field of military education (1953–1964). According to a number of scientists, the transformations initiated in the army were unacceptable. Having made a bet on the development of weapons of mass destruction, the Soviet government believed that the nuclear power could do without a multi-million Armed Forces. Military training institutions and their staff were reduced along with the entire army, the prestige of the officer service was greatly shaken. As a result, almost all officers (including military pensioners) and their families unanimously welcomed the resignation of N.S. Khrushchev in October 1964.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129603521","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 : 2021-04-29DOI: 10.18572/2070-2108-2021-5-16-18
Victoria R. Vorobyova-Bogdan
This article is devoted to one of the most pressing issue nowadays — the safety at moving goods across the customs border. The report discusses the legal framework governing this institution of law, the analysis and outlooks of it in the Eurasian Economic Union.
{"title":"Analysis and Prospects for the Use of Non-Tariff Regulation Measures in Order to Ensure Safety when Moving Goods across the Customs Border","authors":"Victoria R. Vorobyova-Bogdan","doi":"10.18572/2070-2108-2021-5-16-18","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-16-18","url":null,"abstract":"This article is devoted to one of the most pressing issue nowadays — the safety at moving goods across the customs border. The report discusses the legal framework governing this institution of law, the analysis and outlooks of it in the Eurasian Economic Union.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125567216","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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