Pub Date : 2021-03-04DOI: 10.18572/2070-2108-2021-3-28-32
D. N. Shkarevskiy
The modern Russian historiography about the Nuremberg Tribunal has a large number. But, its generalization and analysis was not carried out. The purpose of this article is to systematize the publications of the last decade on the Nuremberg Trials. The author has identified nine groups of publications on this topic. Among them: works carried out in the framework of the study of international law, historical and legal processes, the history of international relations, philological research (on the activities of translators); work related to the so-called the ‘big’ Nuremberg trials, dedicated to the study of the legal regulation of biomedical research; works of a political and legal nature, calling to prevent the revision of the results of the Nuremberg process; studies reflecting the role of individuals in the organization of the tribunal, works devoted to the use of historical documents in fiction. The author came to the conclusion that the bulk of the publications are published in the anniversary years for the Nuremberg trials. This clearly indicates that there is not enough systemic research. The article also notes that most of the works were written using the same type of source base. This raises the question of a broader involvement of sources and literature in foreign languages.
{"title":"Modern National Historiography of the Nuremberg Tribunal","authors":"D. N. Shkarevskiy","doi":"10.18572/2070-2108-2021-3-28-32","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-28-32","url":null,"abstract":"The modern Russian historiography about the Nuremberg Tribunal has a large number. But, its generalization and analysis was not carried out. The purpose of this article is to systematize the publications of the last decade on the Nuremberg Trials. The author has identified nine groups of publications on this topic. Among them: works carried out in the framework of the study of international law, historical and legal processes, the history of international relations, philological research (on the activities of translators); work related to the so-called the ‘big’ Nuremberg trials, dedicated to the study of the legal regulation of biomedical research; works of a political and legal nature, calling to prevent the revision of the results of the Nuremberg process; studies reflecting the role of individuals in the organization of the tribunal, works devoted to the use of historical documents in fiction. The author came to the conclusion that the bulk of the publications are published in the anniversary years for the Nuremberg trials. This clearly indicates that there is not enough systemic research. The article also notes that most of the works were written using the same type of source base. This raises the question of a broader involvement of sources and literature in foreign languages.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130965560","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-7-10
R. Zakomoldin
The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formulated for introducing amendments and additions to the Criminal Code of the Russian Federation in terms of the criminal law protection of military security and criminal law impact on servicemen.
{"title":"Criminal Law Influence on Military Servicemen in the Military Security Assurance Mechanism","authors":"R. Zakomoldin","doi":"10.18572/2070-2108-2021-3-7-10","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-7-10","url":null,"abstract":"The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formulated for introducing amendments and additions to the Criminal Code of the Russian Federation in terms of the criminal law protection of military security and criminal law impact on servicemen.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133146643","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-11-15
O. Kovalev
The article examines the current state, features and trends of cybercrime, legal and organizational problems of countering it by Ministry of Defense of the Russian Federation, law enforcement agencies and special service of the Russian Federations. Based on the theoretical and empirical research, it is proposed to consider cybercrime as a threat to national security in modern Russia. Conducting comprehensive scientific research in this area.
{"title":"Cybercrime as a Threat to the National Security of the Modern Russia","authors":"O. Kovalev","doi":"10.18572/2070-2108-2021-3-11-15","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-11-15","url":null,"abstract":"The article examines the current state, features and trends of cybercrime, legal and organizational problems of countering it by Ministry of Defense of the Russian Federation, law enforcement agencies and special service of the Russian Federations. Based on the theoretical and empirical research, it is proposed to consider cybercrime as a threat to national security in modern Russia. Conducting comprehensive scientific research in this area.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134344220","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-23-27
S. Smirnykh
The article deals with the issues of international justice as a guarantee of child soldiers’ rights in the changing world order. It is noted that children’s participation in hostilities determines the need to consider issues related not only to their protection, but also to their responsibility. In most cases, children are victims of illegal recruitment and commit war crimes through intoxication and violence. Violence against children in armed conflict is an unacceptable reality. Even after conflicts have ended, children will continue to be traumatized by what they should have experienced and subsequently witnessed in international courts.
{"title":"International Justice as a Guarantee of Rights of Child Soldiers in the Changing World Order","authors":"S. Smirnykh","doi":"10.18572/2070-2108-2021-3-23-27","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-23-27","url":null,"abstract":"The article deals with the issues of international justice as a guarantee of child soldiers’ rights in the changing world order. It is noted that children’s participation in hostilities determines the need to consider issues related not only to their protection, but also to their responsibility. In most cases, children are victims of illegal recruitment and commit war crimes through intoxication and violence. Violence against children in armed conflict is an unacceptable reality. Even after conflicts have ended, children will continue to be traumatized by what they should have experienced and subsequently witnessed in international courts.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121067286","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-15-19
Aleksandr Yu. Tuganov
In the article, the author examines the administrative powers of the chairman of the garrison military court as the head of the territorial state body of judicial power and the organizer of the activities of the court headed by him. Also, systematic administrative powers of the Chairman of garrison military court on the basis of the classification purpose not related to the administration of justice and related to the organization of the justice process.
{"title":"Presiding Judge of a Garrison Military Court as the Head of a Territorial State Judicial Authority and an Organizer of Court Activities","authors":"Aleksandr Yu. Tuganov","doi":"10.18572/2070-2108-2021-3-15-19","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-15-19","url":null,"abstract":"In the article, the author examines the administrative powers of the chairman of the garrison military court as the head of the territorial state body of judicial power and the organizer of the activities of the court headed by him. Also, systematic administrative powers of the Chairman of garrison military court on the basis of the classification purpose not related to the administration of justice and related to the organization of the justice process.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"56 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133071163","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-19-22
Stanislav S. Kharitonov
Some issues of the organization and control of the financial, economic and economic activities of the Armed Forces of the Russian Federation are considered. Attention is drawn to the need to form a unified approach to the resolution of cases by the courts related to challenging acts of departmental financial control. Several legal situations are considered in relation to the need for the military courts to correctly interpret the norms of procedural legislation in this category of cases.
{"title":"On Disputing of Acts of Departmental Financial Control by Military Unit Commanders by Judicial Procedure","authors":"Stanislav S. Kharitonov","doi":"10.18572/2070-2108-2021-3-19-22","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-19-22","url":null,"abstract":"Some issues of the organization and control of the financial, economic and economic activities of the Armed Forces of the Russian Federation are considered. Attention is drawn to the need to form a unified approach to the resolution of cases by the courts related to challenging acts of departmental financial control. Several legal situations are considered in relation to the need for the military courts to correctly interpret the norms of procedural legislation in this category of cases.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123643714","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 : 2021-03-04DOI: 10.18572/2070-2108-2021-3-3-6
Yuriy Yu. Kocheulov
The author considers in this article the most important element of social protection of military man — compulsory insurance. The army is the mainstay of our country in an unstable political system. People are the basis of any army — they need high-quality social protection. One of the central components of a perfectly functioning social protection of military man is a statutory public military man’s liability insurance. The article analyzes the term ‘insurance’, considers the parties to the contract of statutory public military man’s life and health insurance. The author highlights that the system of a statutory public military man’s liability insurance in our country has certain positive features. However, this system cannot be called flawless. The system of statutory public military man’s life and health insurance characterized by a number of negative aspects pointed out by the author. At the end of the article, a number of suggestions for improving this system of insurance are provided.
{"title":"Obligatory Insurance of Military Servicemen","authors":"Yuriy Yu. Kocheulov","doi":"10.18572/2070-2108-2021-3-3-6","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-3-3-6","url":null,"abstract":"The author considers in this article the most important element of social protection of military man — compulsory insurance. The army is the mainstay of our country in an unstable political system. People are the basis of any army — they need high-quality social protection. One of the central components of a perfectly functioning social protection of military man is a statutory public military man’s liability insurance. The article analyzes the term ‘insurance’, considers the parties to the contract of statutory public military man’s life and health insurance. The author highlights that the system of a statutory public military man’s liability insurance in our country has certain positive features. However, this system cannot be called flawless. The system of statutory public military man’s life and health insurance characterized by a number of negative aspects pointed out by the author. At the end of the article, a number of suggestions for improving this system of insurance are provided.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-03-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116042088","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 : 2021-02-04DOI: 10.18572/2070-2108-2021-2-3-8
I. Petrov, Artem V. Maksimov, Investigation
In accordance with Federal law No. 117-FZ of August 20, 2004 «On the accumulative mortgage system of housing provision for military personnel», in the modern period of time, it has already allowed many military personnel to purchase their own housing. However, like any public relations, the exercise of their right to housing has a number of issues, including those related to late registration in the register of participants in the accumulative mortgage system, which in turn causes a decrease in funds on the registered savings account.
{"title":"On Restoration of the Investment Income at a Military Serviceman`s Personal Saving Account in Case of Their Undue Inclusion into the Register of Participants of the Savings and Mortgage System","authors":"I. Petrov, Artem V. Maksimov, Investigation","doi":"10.18572/2070-2108-2021-2-3-8","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-2-3-8","url":null,"abstract":"In accordance with Federal law No. 117-FZ of August 20, 2004 «On the accumulative mortgage system of housing provision for military personnel», in the modern period of time, it has already allowed many military personnel to purchase their own housing. However, like any public relations, the exercise of their right to housing has a number of issues, including those related to late registration in the register of participants in the accumulative mortgage system, which in turn causes a decrease in funds on the registered savings account.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127475538","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 : 2021-02-04DOI: 10.18572/2070-2108-2021-2-20-25
Aleksandr Yu. Tuganov
The article examines the Administrative imperious powers of the Chairman of the garrison military court in relation to the judges of the same court. The article analyzes the administrative and legal aspect as one of the main components of the legal status of the President of the court. It is concluded that the scope of the term “administrative imperious powers of the Chairman of the garrison military court” in relation to judges does not coincide with the scope of the same powers in relation to the staff of the court.
{"title":"Administrative Powers of the Chairperson of a Garrison Military Court: The Possibility of Implementation in Relation to Judges","authors":"Aleksandr Yu. Tuganov","doi":"10.18572/2070-2108-2021-2-20-25","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-2-20-25","url":null,"abstract":"The article examines the Administrative imperious powers of the Chairman of the garrison military court in relation to the judges of the same court. The article analyzes the administrative and legal aspect as one of the main components of the legal status of the President of the court. It is concluded that the scope of the term “administrative imperious powers of the Chairman of the garrison military court” in relation to judges does not coincide with the scope of the same powers in relation to the staff of the court.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124655593","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 : 2021-02-04DOI: 10.18572/2070-2108-2021-2-25-28
V. Bobkov
On the basis of historical documents that were not previously introduced into a wide scientific circulation, the features of the normative legal regulation of the life of workers of military-industrial enterprises (arsenals and factories) of Russia in the second half of the 19th — early 20th centuries are reconstructed. The dependence of the social relations considered in the article on the development of civil and military legislation of the Russian Empire is shown. The publication found that the legal regulation sought to cover most aspects of the life of workers in military enterprises. The military authorities gave legislative incentives to impeccable and high-quality work, designated socio-economic guarantees for workers in the event of injury, injury or retirement. The corresponding punitive norms of the military legislation were applied to the workers of the military-industrial enterprises who were careless about the case, and sometimes committing antisocial actions. In general, civil and military legislation were harmoniously combined and successfully regulated the life of workers of military-industrial enterprises of Russia in the second half of the 19th — early 20th centuries. Effective legislative regulation helped boost productivity in military factories and arsenals, and ultimately ensured the strength of domestic weapons and increased Russia’s national security.
{"title":"Statutory Regulation of Living of Employees of Military Industry Enterprises of Russia in the Second Half of the XIX to the Beginning of the XX Century","authors":"V. Bobkov","doi":"10.18572/2070-2108-2021-2-25-28","DOIUrl":"https://doi.org/10.18572/2070-2108-2021-2-25-28","url":null,"abstract":"On the basis of historical documents that were not previously introduced into a wide scientific circulation, the features of the normative legal regulation of the life of workers of military-industrial enterprises (arsenals and factories) of Russia in the second half of the 19th — early 20th centuries are reconstructed. The dependence of the social relations considered in the article on the development of civil and military legislation of the Russian Empire is shown. The publication found that the legal regulation sought to cover most aspects of the life of workers in military enterprises. The military authorities gave legislative incentives to impeccable and high-quality work, designated socio-economic guarantees for workers in the event of injury, injury or retirement. The corresponding punitive norms of the military legislation were applied to the workers of the military-industrial enterprises who were careless about the case, and sometimes committing antisocial actions. In general, civil and military legislation were harmoniously combined and successfully regulated the life of workers of military-industrial enterprises of Russia in the second half of the 19th — early 20th centuries. Effective legislative regulation helped boost productivity in military factories and arsenals, and ultimately ensured the strength of domestic weapons and increased Russia’s national security.","PeriodicalId":270614,"journal":{"name":"Military juridical journal","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132570783","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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