Eng Cn Translate this page:
Please select your language to translate the article


You can just close the window to don't translate
Library
Your profile

Back to contents

National Security
Reference:

Military Police a New Stage: Reflections on the Textbook "Organization of the Activities of the Military Police of the Armed Forces of the Russian Federation"

Bol'shakova Valentina Mikhailovna

PhD in Law

Associate professor, Department of Constitutional and Administrative Law, Nizhny Novgorod Institute of Management branch of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation

603950, Russia, Nizhny Novgorod region, Nizhny Novgorod, Gagarin Avenue, 46

valentinabolshakova@rambler.ru
Other publications by this author
 

 
Utyuganov Aleksei Anatol'evich

ORCID: 0000-0001-9641-7174

Doctor of Psychology

Deputy Head of the Military Institute for Scientific Work - Head of the Research and Editorial and Publishing Department, St. Petersburg Order of Zhukov Institute of the National Guard Troops of the Russian Federation

198206, Russia, Leningrad region, Saint Petersburg, Pilyutov Pilot str., 1

outioganov@mail.ru

DOI:

10.7256/2454-0668.2022.5.38956

EDN:

DFAEOR

Received:

14-10-2022


Published:

21-10-2022


Abstract: The article examines the recently published textbook "Organization of the activities of the military police of the Armed Forces of the Russian Federation" under the general editorship of V.V. Ershov, S.V. Kuralenko, S.V. Surovikin, published in 2022 at the Russian State University of Justice. The textbook reflects a wide range of issues: the main activities, functions and powers of the military police; general issues of the organization of its activities; organization of its legal education activities; features of military service in it; activities of the military police to ensure law and order and military discipline in the military; organization of its activities in the field of criminal justice; organization of proceedings on cases of administrative offenses, participation in the consideration by the courts of materials on gross disciplinary offenses; organization of its activities on search, detention, escort and application of criminal penalties to military personnel; security functions of the military police and functions to ensure state protection; functions to ensure road safety and other issues. The content of the textbook must be recognized as necessary and sufficient in describing and justifying the issues of organizing the activities of the national military police. The authors give a description of the publication under consideration, and also make proposals to change the current legislation regulating the activities of the military police. So it is proposed to state Article 9 of the Statute of the Military Police of the Armed Forces of the Russian Federation in the following wording: "9. The military police in its activities is guided by the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation, federal constitutional laws, federal laws, this Charter and other regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation.".


Keywords:

military service, military personnel and citizens, military police, legal bases of activity, powers, coercive measures, crime prevention, functions, state bodies, Armed forces

This article is automatically translated. You can find original text of the article here.

Crisis trends in the development of modern civilization, the redistribution of spheres of influence and the existing world order form threats to the sovereignty of countries whose influence on world processes may weaken [1]. The military-political and sanctions pressure on our country actualizes the presence of a trained and well-trained army and law enforcement agencies in Russia [16]. The need to protect territorial integrity, human and civil rights and freedoms, and to maintain the rule of law, including within law enforcement agencies, determines the presence of officials authorized to prevent and suppress offenses in the structure of these bodies [17].

The training of cadets in military educational institutions of higher education within the framework of military-legal specialization in the specialty "Legal support of national security" involves a detailed study of the legal foundations and organization of the activities of the Armed Forces of the Russian Federation, other troops, military formations and bodies [3]. The solution of this problem requires appropriate pedagogical support, educational and methodological complexes and convenient literature for studying.

In this aspect, the textbook "Organization of the activities of the military police of the Armed Forces of the Russian Federation" under the general editorship of V.V. Ershov, S.V. Kuralenko, S.V. Surovikin [13], published in 2022 at the Russian State University of Justice is an excellent illustration of the successful solution of this problem. One educational publication reflects methodological, theoretical, practical, legal and educational-methodical components that reveal various aspects of the organization of the activities of the military police.

The Military Police is a relatively "young" body in the structure of the Armed Forces of the Russian Federation, designed to protect the life, health, rights and freedoms of military personnel, civilian personnel, ensuring law and order in the Armed Forces, military discipline, road safety, protection of objects of the Armed Forces, as well as within its competence to counter crime and protection of other legally protected legal relations in the field of defense [2]. The central management body of the military police is the Main Directorate of the Military Police of the Ministry of Defense of the Russian Federation.

For a short period of its existence, the military police has managed to establish itself as an effective tool of the state in preventing and combating offenses among military personnel, civilian personnel and citizens called up for military training [11]. The military police received high praise from the leadership of the country for the fight against terrorism, ensuring international peace and security in the territory of the Syrian Arab Republic.

The organizational and legal foundations of the activities of the military police of the Armed Forces, its tasks, functions, rights and powers have been repeatedly studied in the scientific literature [4-10; 12, 14, 15], this was a prerequisite for the accumulation of legal knowledge about the military police in the textbook under consideration.

The main legal document regulating the activities of the military police, in addition to the Federal Laws "On Defense", "On Military Duty and Military Service", "On the status of military personnel" and the general military Charters of the Armed Forces of the Russian Federation, is the Decree of the President of Russia dated March 25, 2015 No. 161 "On approval of the Charter of the Military Police of the Armed Forces of the Russian Federation and amendments to some acts of the President of the Russian Federation". In the textbook under consideration, special attention is paid to these normative legal acts, comments are given to their most complex and important prescriptions, methodological and educational materials on the study of these norms in the pedagogical process of a military university are presented.

The textbook describes in detail and studies the tasks, principles of the organization and activities of the military police. The role of the military police in organizing work in the military police to strengthen the rule of law, the rule of law in the state, the detection and prevention of crimes and other offenses was particularly noted. On the positive side, the fact that the textbook extensively examines the systemic characteristics of the legislation regulating the official activities of the military police should also be highlighted. The publication also reflects the peculiarities of the organization of the official activities of the military police in the main areas and certain issues of working with personnel in the military police.

Structurally, the textbook consists of an appeal to readers, a preface, 15 chapters, the contents of which are presented in 52 paragraphs, literature, questions for self-control, a list of countries in which the military police has been established and operates, a workshop on the academic discipline "Organization of the military police of the Armed Forces of the Russian Federation", as well as a list of diagrams, tables, drawings. The following issues are reflected in the chapters of the textbook: the main activities, functions and powers of the military police; general issues of the organization of its activities; organization of its legal education activities; features of military service in it; activities of the military police to ensure legality, law and order and military discipline in the military; organization of its activities in the field of criminal justice; organization of proceedings on cases of administrative offenses, participation in the consideration by the courts of materials on gross disciplinary offenses; organization of its activities on search, detention, escort and application of criminal penalties to military personnel; security functions of the military police and functions to ensure state protection; functions to ensure road safety and other issues.

The content of the textbook must be recognized as necessary and sufficient in describing and justifying the issues of organizing the activities of the national military police. A wide range of established spheres of activity of the military police in the field of criminal, administrative, disciplinary proceedings, conducting urgent investigative actions, fixing traces of offenses in the textbook is reflected accordingly fully.

It is impossible to ignore the critical analysis of the reviewed textbook. Thus, the book clearly lacked a detailed comparative analysis of the legal foundations of the activities, rights, powers and genesis of the Russian military police and the military police of other countries, although the chapter on the military police of foreign countries is available in the textbook. The textbook also did not reflect the comparison of the powers of military police officials with officials of other law enforcement agencies who also have the status of military personnel (FSB of Russia, FSO of Russia and Rosgvardiya).

Returning to highlighting the positive aspects of the educational publication, we note that its reading, study and consideration forms not only a stable knowledge of the legal and organizational foundations of the military police, but also allows us to propose certain measures to improve domestic legislation. Thus , Article 9 of the Statute of the Military Police of the Armed Forces of the Russian Federation is proposed to be stated in the following wording: "9. The military police in its activities is guided by the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation, federal constitutional laws, federal laws, this Charter and other regulatory legal acts of the Russian Federation and the Ministry of Defense of the Russian Federation.". The introduction of these amendments will clarify the legal basis for the activities of the military police, taking into account their concretization and references to federal constitutional laws (for example, "On martial law", "On the state of emergency") and regulatory legal acts of the Ministry of Defense of the Russian Federation, which, of course, the military police is obliged to be guided in their activities.

References
1. Amonuloev, Sh.P. Modern trends in the development of the military component of the Shanghai Cooperation Organization / Sh.P. Amonuloev, I.V. Kholikov // Military Law. 2020. 4 (62). pp. 205211.
2. Aseev, A.G. Toward a new reform of law enforcement structures? (commentary to the draft law of the Russian Federation on the amendment to the Constitution of the Russian Federation On improving the regulation of certain issues of organizing public authority) / A.G. Aseev, V.M. Bolshakova, P.Yu. Naumov [et al.] // Law in the Armed Forces-Military Legal Review. 2020. 4 (273). pp. 7985.
3. Bolshakova, V.M. Legal regulation of cases when military personnel are considered to be performing military service duties, and the relationship of their material and disciplinary liability / V.M. Bolshakova, V.V. Kalashnikov, P.Yu. Naumov, R.V. Zelepukin // Law in the Armed Forces Military Legal Review. 2021. 11 (292). pp. 3742.
4. Military law / under the general editorship of A.N. Savenkova, A.V. Kudashkin // Volume I. History and theory of military law (with preface). Moscow. Center for Legal Communications, 2021. 560 p.
5. Military law / A.V. Kudashkin, V.K. Aulov, V.V. Baranenkov [i dr.]. // Volume II. The current state of military law (institutions of military law). Moscow. Center for Legal Communications, 2021. 888 p.
6. Military law / E.A. Glukhov, V.M. Koryakin, A.V. Kudashkin [i dr.]. // Volume III. The main problems and promising areas of military legal research. Moscow. Center for Legal Communications, 2022. 712 p.
7. Damaskin, O.V. Actual problems of protecting Russian statehood and national sovereignty in modern conditions / O.V. Damaskin, I.V. Kholikov // Representative power XXI century: legislation, comments, problems. 2017. 4 (155). pp. 15.
8. Damaskin, O.V. Topical issues of legal support of armed struggle in the conditions of modern strategic and political realities / O.V. Damaskin, I.V. Kholikov // Military Law. 2019. 3 (55). pp. 2128.
9. Ermolovich, Ya.N. Problems of legal regulation of the activities of the military police of the Armed Forces of the Russian Federation / Ya.N. Ermolovich // Law in the Armed Forces-Military Legal Review. 2021. 3 (284). pp. 2636.
10. Koryakin, V.M. Delimitation of powers of commanders (chiefs) and military police bodies in the work to ensure law and order and military discipline / V.M. Koryakin // Law in the Armed Forces-Military Legal Review. 2015. 6 (216). pp. 27.
11. Mintyagov, S.A. Organizational and legal basis for the activities of the military police of the Armed Forces of the Russian Federation / S.A. Mintyagov; VGUYu (RPA of the Ministry of Justice of Russia). Moscow: All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), 2021. 470 p.
12. Mintyagov, S.A. Functions of the Military Police of the Armed Forces of the Russian Federation / S.A. Mintyagov // Bulletin of military law. 2018. 4. P. 4148.
13. Organization of the activities of the military police of the Armed Forces of the Russian Federation: Textbook / I.V. Gusev, V.V. Ershov, V.V. Kalashnikov [and others]; Edited by V.V. Ershova, S.V. Kuralenko, S.V. Surovikina; Moscow: Russian State University of Justice, 2022. 662 p.
14. SOkocha, V.A. The use of armed force by private maritime security companies: the dynamics of borders and the specifics of legal regulation in the modern world / V.A. Okocha, I.V. Kholikov, // Journal of Russian Law. 2020. No. 12. S. 147-158.
15. Tereshchuk, S.S. Development of the institute of the military police in the control system in the armed forces of the Russian Federation / S.S. Tereshchuk // Bulletin of the University. 2011. 25. P. 230232.
16. Kholikov I.V. International legal and military-political issues of the modern world order / I.V. Kholikov, A.I. Konurov // Bulletin of the Academy of Military Sciences. 2015. 4 (53). pp. 718.
17. Kholikov, I.V. Modern trends in international legal regulation of armed conflicts at sea / I.V. Kholikov, K.S. Likhovidov, V.N. Crybaby // Military academic journal. 2019. 4 (24). pp. 144149.

Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

A REVIEW of an article on the topic "Military police a new stage: reflections on the textbook "Organization of the military police of the Armed Forces of the Russian Federation"". The subject of the study. The article proposed for review is devoted to reflections "... on the textbook "Organization of the military police of the Armed Forces of the Russian Federation" (reviews) in the context of a new stage in the development of the military police. The author has chosen a special subject of review: the proposed issues are examined from the point of view of military, administrative, and criminal law, while the author notes, relying on the opponent, that "The need to protect territorial integrity, human and civil rights and freedoms, and maintain legality, including within law enforcement agencies, determines the presence in the structure of these bodies authorized to prevention and suppression of offenses by officials [17]". It describes not only the construction of the textbook of honored scientists, teachers and practitioners "under the general editorship of V.V. Ershov, S.V. Kuralenko, S.V. Surovikin", its structure "... preface, 15 chapters, the contents of which are presented in 52 paragraphs, literature, questions for self-control, a list of states of the world in which the military was created and operates the police, a workshop on an academic discipline...", but an analysis of the work of opponents is carried out and a practice relevant to the purpose of reviewing is given. At the same time, the author notes that "... the tasks, principles of organization and activities of the military police are described and studied in detail. The role of the military police in organizing work in the military police to strengthen the rule of law and the rule of law in the state, identify and prevent crimes and other offenses was particularly noted." Research methodology. The purpose of the review (reflections) is defined by the title and content "Training of cadets in military educational institutions of higher education within the framework of military legal specialization in the specialty "Legal support of national security" involves a detailed study of the legal foundations and organization of the activities of the Armed Forces of the Russian Federation, other troops, military formations and bodies [3]. Solving this problem requires appropriate pedagogical support, educational and methodological complexes and convenient literature for studying." Based on the set goals and objectives, the author has chosen a certain methodological basis for the review. The author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize approaches to the proposed topic, as well as draw conclusions from the materials of not only the textbook, but also the works of opponents, influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of current Russian legislation. Thus, the methodology chosen by the author is fully adequate to the purpose of the article and allows describing certain aspects of the textbook. The relevance of the stated issues is beyond doubt. The topic of the article and the textbook is important in Russia, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "Methodological, theoretical, practical, legal and educational components that reveal various aspects of the organization of military police activities are reflected in one educational publication." Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed review cannot be evaluated. It is not expressed in the specific scientific conclusions of the author of the review, he is the reviewer himself. But the practical significance of the review is visible "Returning to highlighting the positive aspects of the educational publication, we note that its reading, study and consideration forms not only stable knowledge about the legal and organizational foundations of the military police, but also allows us to propose certain measures to improve domestic legislation." Thus, the materials of the article as presented may be of some interest to the scientific community in terms of contribution to the development of science. Style, structure, content. The subject of the article corresponds to the specialization of the National Security magazine, as it is devoted to reflections "... on the textbook "Organization of the military police of the Armed Forces of the Russian Federation"" (reviews) in the context of a new stage in the development of the military police. The content of the article corresponds to the title, since the author considered the stated problems and achieved the goal of his review. The quality of the review presentation and its results should be recognized as exhaustive. The subject, objectives, methodology, and results of the review follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated both in the review and in the textbook itself. The review uses references not only to the reviewed textbook, but also numerous scientific works by opponents. There is an appeal to the opponents. Conclusions, the interest of the readership. The conclusions are logical, clear, and precise "... the book clearly lacked a detailed comparative analysis of the legal foundations of the activities, rights, powers, and genesis of the Russian military police and the military police of other countries, although the chapter on the military police of foreign countries is available in the textbook. The textbook also did not reflect the comparison of the powers of military police officials with officials of other law enforcement agencies who also have the status of military personnel (FSB of Russia, FSO of Russia and Rosgvardiya),"they were obtained using a generally recognized methodology. The article (review) in this form may be of interest to the readership. Based on the above, summing up all the positive and negative sides of the article (review), I recommend "publishing".