Pub Date : 2021-04-29DOI: 10.18572/2070-2108-2021-5-8-12
Daniil M. Izotov, Stanislav S. Kharitonov
The article briefly highlights the main norms and legal acts that define the concept and signs of corruption crimes, using examples of judicial practice, some issues of the application by military courts of legislation on the seizure of property of those guilty when they commit corruption crimes are considered.
{"title":"On Some Issues of the Application by Military Courts of Legislation on the Seizure of Property of Those Guilty When They Commit Corruption Crimes","authors":"Daniil M. Izotov, Stanislav S. Kharitonov","doi":"10.18572/2070-2108-2021-5-8-12","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-8-12","url":null,"abstract":"The article briefly highlights the main norms and legal acts that define the concept and signs of corruption crimes, using examples of judicial practice, some issues of the application by military courts of legislation on the seizure of property of those guilty when they commit corruption crimes are considered.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"30 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":"128243383","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: 10.18572/2070-2108-2021-5-28-32
Alexander M. Tsaliev
The article provides a historical excursion dedicated to the festive events in honor of the soldiers — the defenders of our Fatherland. The social significance of ideological work in the formation of patriotism, which is recognized as the basis of state ideology, is revealed. Their correlation as private and general in the sphere of public policy is emphasized. The erroneousness and inferiority of the constitutional norm on the prohibition of state ideology is substantiated, in connection with which it is proposed to exclude it from Part 2 of Art. 13 of the Constitution of the Russian Federation.
{"title":"Defense of the Fatherland is the Duty and Responsibility of a Citizen of Russia!","authors":"Alexander M. Tsaliev","doi":"10.18572/2070-2108-2021-5-28-32","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-28-32","url":null,"abstract":"The article provides a historical excursion dedicated to the festive events in honor of the soldiers — the defenders of our Fatherland. The social significance of ideological work in the formation of patriotism, which is recognized as the basis of state ideology, is revealed. Their correlation as private and general in the sphere of public policy is emphasized. The erroneousness and inferiority of the constitutional norm on the prohibition of state ideology is substantiated, in connection with which it is proposed to exclude it from Part 2 of Art. 13 of the Constitution of the Russian Federation.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"96 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":"126880402","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: 10.18572/2070-2108-2021-5-3-7
M. V. Trofimov
In the article the author characterizes certain problems of legal regulation of financial control that are important for military organizations, which have arisen against the background of changes in legislation in this area, due to the transition of the Russian Federation to program-target budget planning, focused on results.
{"title":"Impact of Program-Based Methods of Public Administration on the Legal Regulation of Financial Control over the Activities of Military Organizations","authors":"M. V. Trofimov","doi":"10.18572/2070-2108-2021-5-3-7","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-3-7","url":null,"abstract":"In the article the author characterizes certain problems of legal regulation of financial control that are important for military organizations, which have arisen against the background of changes in legislation in this area, due to the transition of the Russian Federation to program-target budget planning, focused on results.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"8 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":"129417904","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: 10.18572/2070-2108-2021-5-25-27
Tatiana A. Ornatskaya, Sergey S. Tsukanov
The subject of the article is the professional training of military lawyers in Russia. The authors examine and compare in detail the process of the formation of military legal education in the Russian Far East during the Civil War and the existence of the Far Eastern Republic. The choice of the chronological framework is due to the transformation of special legal education in the military justice authorities and is limited to the entry of the territory of the Russian Far East into the RSFSR, with the restructuring of all state bodies, including the structure of military justice. The object of the research is the training of specialists for military justice bodies in the period from 1917 to 1922. The study uses a regional approach, as well as the concept of historical experience through the prism of which conclusions are drawn about the historical features of legal education in the Far Eastern region. Attention is drawn to the fact that during the period of social transformations in the region, it was possible to preserve, albeit in a modified form, the system of special legal training for employees of military justice bodies. A comprehensive study of the process of training military lawyers allows us to highlight not only the positive aspects, but also to assess the scale of the negative consequences. The authors introduced into the scientific circulation the materials of regional archives, revealing the process of forming a system of transferring legal knowledge to military investigators, prosecutors and judges.
{"title":"Training of Lawyers for the Far Eastern Non-Bolshevik Bodies of Military Justice (1917–1922)","authors":"Tatiana A. Ornatskaya, Sergey S. Tsukanov","doi":"10.18572/2070-2108-2021-5-25-27","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-5-25-27","url":null,"abstract":"The subject of the article is the professional training of military lawyers in Russia. The authors examine and compare in detail the process of the formation of military legal education in the Russian Far East during the Civil War and the existence of the Far Eastern Republic. The choice of the chronological framework is due to the transformation of special legal education in the military justice authorities and is limited to the entry of the territory of the Russian Far East into the RSFSR, with the restructuring of all state bodies, including the structure of military justice. The object of the research is the training of specialists for military justice bodies in the period from 1917 to 1922. The study uses a regional approach, as well as the concept of historical experience through the prism of which conclusions are drawn about the historical features of legal education in the Far Eastern region. Attention is drawn to the fact that during the period of social transformations in the region, it was possible to preserve, albeit in a modified form, the system of special legal training for employees of military justice bodies. A comprehensive study of the process of training military lawyers allows us to highlight not only the positive aspects, but also to assess the scale of the negative consequences. The authors introduced into the scientific circulation the materials of regional archives, revealing the process of forming a system of transferring legal knowledge to military investigators, prosecutors and judges.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"103 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":"132030434","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-7-11
O. O. Kovalenko, Igor V. Shulgin
The problems of legal regulation of the use of service dogs in the fight against crime and terrorism are considered, their role and importance in solving operational and combat tasks by law enforcement agencies and special services. There are suggestions on the need to expand the professional competence of specialist cynologists, clearly define the status and classification of service dogs by type of activity.
{"title":"Problems of Legal Regulation of the Use of Service Dogs by Federal Executive Bodies in the Fight against Crime and Terrorism","authors":"O. O. Kovalenko, Igor V. Shulgin","doi":"10.18572/2070-2108-2021-4-7-11","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-7-11","url":null,"abstract":"The problems of legal regulation of the use of service dogs in the fight against crime and terrorism are considered, their role and importance in solving operational and combat tasks by law enforcement agencies and special services. There are suggestions on the need to expand the professional competence of specialist cynologists, clearly define the status and classification of service dogs by type of activity.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130126592","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-23-26
M. Stepanov
n the years of Civil War the military counter-intelligence of the White Army began to carry out political investigations and as a result its importance increased significantly. In this regard, the personnel of the military counter-intelligence agencies that directly ensured the security of the anti-Bolshevik state formations became particularly important. The conditions of the Civil War had a strong influence on it. The issues of selection, placement, training of personnel of military security agencies went beyond their sphere of activity and were of great importance for the construction of the entire white statehood. The following conclusions were drawn on the basis of this research: in the years of Civil War, military counterintelligence agencies experienced an acute shortage of professionally trained personnel; the main reasons for this were the need to staff the newly created military security agencies in the territories of white governments after their liquidation by the Soviet authorities and the significant expansion of counterintelligence staff in the years of Civil War; the personnel policy in the military security agencies included a politicised approach to personnel selection; the level of professional training of counter-intelligence personnel has significantly decreased; the selection of personnel for military security bodies was carried out haphazardly and situationally, in connection with which random people often entered their service.
{"title":"Military Counterintelligence Personnel of the White Army during the Civil War in Russia (1918-1920)","authors":"M. Stepanov","doi":"10.18572/2070-2108-2021-4-23-26","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-23-26","url":null,"abstract":"n the years of Civil War the military counter-intelligence of the White Army began to carry out political investigations and as a result its importance increased significantly. In this regard, the personnel of the military counter-intelligence agencies that directly ensured the security of the anti-Bolshevik state formations became particularly important. The conditions of the Civil War had a strong influence on it. The issues of selection, placement, training of personnel of military security agencies went beyond their sphere of activity and were of great importance for the construction of the entire white statehood. The following conclusions were drawn on the basis of this research: in the years of Civil War, military counterintelligence agencies experienced an acute shortage of professionally trained personnel; the main reasons for this were the need to staff the newly created military security agencies in the territories of white governments after their liquidation by the Soviet authorities and the significant expansion of counterintelligence staff in the years of Civil War; the personnel policy in the military security agencies included a politicised approach to personnel selection; the level of professional training of counter-intelligence personnel has significantly decreased; the selection of personnel for military security bodies was carried out haphazardly and situationally, in connection with which random people often entered their service.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134176175","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-17-22
Kirill V. Legkov
Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.
{"title":"The History of the Formation of Judicial Regulation in the Military Judicial System of Russia","authors":"Kirill V. Legkov","doi":"10.18572/2070-2108-2021-4-17-22","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-17-22","url":null,"abstract":"Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132870257","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-3-7
I. Begishev
The article deals with the criminal-legal aspect of countering the illegal trafficking of autonomous military robots. Given the pace of the introduction of digital technologies in the military sphere, it is possible that in the near future autonomous military robots will become a reality. This, in turn, dictates the need, in order to maintain peace and preserve the security of humanity, in a fairly short time to consolidate the legal regulation of relations in the military sphere with the use of autonomous military robots both at the international and domestic levels. The most important decision in this area may be the creation and adoption of a Convention on the prohibition of the development, Production and Use of autonomous military robots, their components (modules).
{"title":"Autonomous Military Robots — A Threat to the Peace and Security of Mankind?","authors":"I. Begishev","doi":"10.18572/2070-2108-2021-4-3-7","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-3-7","url":null,"abstract":"The article deals with the criminal-legal aspect of countering the illegal trafficking of autonomous military robots. Given the pace of the introduction of digital technologies in the military sphere, it is possible that in the near future autonomous military robots will become a reality. This, in turn, dictates the need, in order to maintain peace and preserve the security of humanity, in a fairly short time to consolidate the legal regulation of relations in the military sphere with the use of autonomous military robots both at the international and domestic levels. The most important decision in this area may be the creation and adoption of a Convention on the prohibition of the development, Production and Use of autonomous military robots, their components (modules).","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128587833","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-12-16
V. Kudinov, E. Mukhina
The article examines the peculiarities of the development of legal regulation of ensuring the border security of the Member States of the European Union on the external and internal sections of the state border; highlights the main forms of interaction and powers of the European Border and Coast Guard Service (hereinafter the Agency, Frontex, ESSPO) in the area under consideration; shows the main problems in ensuring the border security of the European Union.
{"title":"Some Features of the Development of Legal Regulation of Ensuring the Border Security of the Member States of the European Union","authors":"V. Kudinov, E. Mukhina","doi":"10.18572/2070-2108-2021-4-12-16","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-12-16","url":null,"abstract":"The article examines the peculiarities of the development of legal regulation of ensuring the border security of the Member States of the European Union on the external and internal sections of the state border; highlights the main forms of interaction and powers of the European Border and Coast Guard Service (hereinafter the Agency, Frontex, ESSPO) in the area under consideration; shows the main problems in ensuring the border security of the European Union.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128444229","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 : 2021-04-15DOI: 10.18572/2070-2108-2021-4-27-32
Y. Tuganov, V. Aulov
The article analyzes the mechanism of administrative and state administration of justice in Russia in the period from 1960 to 1991 years and the possibility of its application to the military-judicial system. Based on the results of the study, the authors conclude that the systematization of structures involved in the administrative and state management of the justice sector in Russia in 1960-1991 can be carried out either in two (or judicial bodies, or higher judicial bodies), or in three groups.
{"title":"Judicial Activity: Administration of the Sphere of Justice in Russia 1960–1991","authors":"Y. Tuganov, V. Aulov","doi":"10.18572/2070-2108-2021-4-27-32","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-4-27-32","url":null,"abstract":"The article analyzes the mechanism of administrative and state administration of justice in Russia in the period from 1960 to 1991 years and the possibility of its application to the military-judicial system. Based on the results of the study, the authors conclude that the systematization of structures involved in the administrative and state management of the justice sector in Russia in 1960-1991 can be carried out either in two (or judicial bodies, or higher judicial bodies), or in three groups.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132355352","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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