scholarly journals MILITARY TORT � A PHENOMENON OF MODERN LEGAL SCIENCE

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Roman V. Aliiev ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Military Service ◽  
Armed Forces ◽  
Legal Science ◽  
Social Acts ◽  
The Subject ◽  
Theory Of Law ◽  
Military Law ◽  
The Military

The article considers the problem of general awareness of the legally significant properties of military offences (crimes, misdemeanours), their relationship with other types of offences, which is actually an urgent task, especially for the science of military law and the integration of legal science � general theory of law. Based on the analysis of terminological and conceptual aspects of military offences (crimes, misdemeanours), their own typology, legal features and features of the composition, the author of the article proposes their generalized definition as �military torts�. The study of the essence and content of military tort as a phenomenon of modern legal science, as well as ways to prevent, detect and stop it, is a special, special law enforcement tool within the leading institute of military law. Further study of the phenomenon of military tort provides an opportunity to form an independent complex scientific field - military tort. It is proved that the causes and conditions of offences in the Armed Forces of Ukraine involve a complex set of factors, processes and phenomena. At the same time, they are characterized by a number of features due to the specifics of military service and the activities of troops (forces). For example, the activities of personnel, internal order, military life and other military-public relations, which are regulated as much as possible by the rules of military statutes. In addition to military statutes, military-public relations are regulated by other rules of law, for example, the scope of criminal law is much broader � servicemen are responsible for committing both general crimes and military criminal offences. Considering the subject of research, which is a �military tor� as a phenomenon of modern legal science, it should be noted that in the theory of law and in the practice of personnel in the direction of legal support of military formation used phrases such as �military administrative offences�, �criminal offences�. Against the established order of military service (military criminal offences)�, �war crimes�, �military and disciplinary offences in the military sphere�, �criminal order or instruction �, etc. Therefore, there is a problem in determining the meaning of terms, and there are several reasons for this. The first, classic - the definition of the term allows you to outline the subject of research and discussion, the range of related problems. Another is the problem of the spread of offences in the military sphere, i.e. ensuring the national security and defense of Ukraine, due to its specificity is global (phenomenal) and therefore can be most effectively solved only if joint efforts are made at both international and national levels. Ensuring their effective interaction directly depends on a consistent understanding and interpretation of terminology in the direction of the study of lawful behaviour or the causes and conditions of deviant �tort� behaviour of service members. Thus, we see that the epistemological processes of formation of military torts as a phenomenon of scientific and legal category is characterized by a certain inconsistency, ambiguity and fragmentation, generated by situational aspects of necessity. However, we can determine that a military tort is a set of illegal (anti-social) acts (crimes or misdemeanours) provided by the current criminal legislation of capable subjects of military-public relations, encroaching on the foundations of national security, organization of the Armed Forces of Ukraine and public order. Understanding and understanding of the acquired knowledge should be the basis for improving the institution of legal responsibility of servicemen in the military sphere as a fundamental means of protection, mechanism, guarantor, designed to ensure regulatory, protective and protective function of military law, without which the existence and development of modern Ukrainian army is impossible.

ACTIVITIES OF THE MILITARY PROSECUTOR’S OFFICE IN THE CONDITIONS OF CHANGES IN LEGISLATION

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Armed Forces ◽  
The State ◽  
Law Enforcement Agencies ◽  
Military Justice ◽  
Law Enforcement Agency ◽  
Military Security ◽  
Military Law ◽  
The Military

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.

scholarly journals Militarizing antimilitarism? Exploring the gendered representation of military service in German recruitment videos on social media

2021 ◽  
Author(s):  
Frank A. Stengel ◽  
David Shim
Keyword(s):  
Public Relations ◽  
Military Service ◽  
Armed Forces ◽  
The United States ◽  
Military Recruitment ◽  
Web Series ◽  
The United Kingdom ◽  
German Armed Forces ◽  
The Military ◽  
Military Masculinity

This article analyzes the gendered representation of military service in the German YouTube series Die Rekruten (DR) (The Recruits), a popular web series produced on behalf of the German armed forces (Bundeswehr) for recruitment purposes, which accompanies 12 navy recruits during their basic training. The article is situated within research on masculinity and the military, in particular military recruitment. It supplements current scholarship by studying a previously neglected case that is of particular interest given Germany’s antimilitarist culture, which should make military recruitment and military public relations more difficult. The article asks how military service is represented in DR, what its discursive effects are, and what role (if any) masculinity plays in this process. We find support for recent feminist research on military masculinities (including in military recruitment) that emphasizes ambiguity and contradiction. What distinguishes the construction of military masculinity in DR from, for example, recruitment advertisements in the United States or the United Kingdom is its markedly civil character. This not only broadens the military’s appeal for a more diverse audience but also increases the legitimacy of the military and its activities. It does so by concealing the violence that has for the past two decades also been a very real part of what the Bundeswehr does.

Issues of medical examination and selection of citizens for military service under a contract in Armed Forces of the Russian Federation

2022 ◽  
pp. 48-52
Author(s):  
Sergey Aleksandrovich Kuzmin ◽  
◽  
Lyubov Kuzminichna Grigorieva ◽  
Margarita Vadimovna Mirzaeva ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Military Personnel ◽  
Military Service ◽  
Armed Forces ◽  
Medical Examination ◽  
Federal Law ◽  
Stage System ◽  
The Russian Federation ◽  
The Military ◽  
Selection Of

In the context of the reform of the Armed Forces of the Russian Federation and a significant increase in the proportion of military personnel doing military service under contract, the issues of manning the troops with healthy, physically developed citizens with high moral and business qualities are of paramount importance. Of particular importance in the selection of candidates for military service under the contract is the conduct of laboratory and instrumental studies, professional and psychological selection, determination of the level of citizens’ physical fitness. The Federal Law «On Military Duty and Military Service» defines a two-stage system for medical examination of citizens entering military service under contract, which is necessary as a barrier in order to prevent citizenswho do not meet the necessary requirements for military personnel from entering the Russian Armed Forces. At the first stage (preliminary examination), the military and medical examination of citizens was carried out by specialist doctors working in medical organizations of the outpatient-polyclinic link of municipalities at the place of citizens’ permanent residence. Medical specialists of the regular military medical commission of the military commissariat of the constituent entity of the Russian Federation participated in the second stage (final examination) of the military medical examination. During the five-year period under study, 5,133 citizens (72.9 %) were selected out of 7,043 candidates for military service under contract, who fully met all the criteria for defenders of the Fatherland.

Numbers Assigned in the Vietnam-Era Selective Service Lotteries Influence the Military Service Decisions of Children Born to Draft-Eligible Men

2017 ◽  
Vol 44 (2) ◽  
pp. 347-367 ◽  
Author(s):  
Tim Johnson ◽  
Christopher T. Dawes ◽  
Matt McGue ◽  
William G. Iacono
Keyword(s):  
Causal Relationship ◽  
Military Service ◽  
Armed Forces ◽  
Causal Link ◽  
Statistical Analyses ◽  
Selective Service ◽  
Vietnam Era ◽  
The Military ◽  
The U.S

Previous research has reported correlations between the military service records of parents and their children. Those studies, however, have not determined whether a parent’s military service causally influences an offspring’s participation in the armed forces. To investigate the possibility of a causal relationship, we examined whether lottery numbers issued to draft-eligible men during the U.S. Vietnam-era Selective Service Lotteries influenced the military participation of those men’s children. Our study found higher rates of military participation among children born to fathers whose randomly assigned numbers were called for induction. Furthermore, we perform statistical analyses indicating that the influence of lottery numbers on the subsequent generation’s military participation operated through the military service of draft-eligible men as opposed to mechanisms unrelated to service such as “draft dodging.” These findings provide evidence of a causal link between the military service of parents and their children.

scholarly journals Medical and social problems of the military service of women

2005 ◽  
Vol 54 (1) ◽  
pp. 122-131
Author(s):  
Y. V. Tsvelev ◽  
V. G. Abashin ◽  
V. F. Bezhenar'
Keyword(s):  
Russian Federation ◽  
Military Service ◽  
Social Problems ◽  
Medical Engineering ◽  
Armed Forces ◽  
Demographic Situation ◽  
The Russian Federation ◽  
The Military

The reform of the Armed Forces of the Russian Federation (RF Armed Forces) in the current unfavorable demographic situation is accompanied by the involvement of a significant number of women in all types and branches of the armed forces in various positions associated mainly with the specialties of military humanitarian, medical, engineering, legal and other profiles.

scholarly journals ACTUAL PROBLEMS OF PREVENTION OF SUICIDE IN THE ARMED FORCES OF THE RUSSIAN FEDERATIO

2019 ◽  
pp. 50-58
Author(s):  
V. K. Shamrei ◽  
K. V. Dnov ◽  
V. I. Evdokimov
Keyword(s):  
Mental Disorders ◽  
Early Detection ◽  
Behavioral Disorders ◽  
Military Personnel ◽  
Military Service ◽  
Somatoform Disorders ◽  
Armed Forces ◽  
International Classification Of Diseases ◽  
Addictive Disorders ◽  
The Military

Relevance. The level of suicides, according to several authors, is one of the most significant indicators of mental health in society, including in the armies of the world.Intention. To analyze suicides and their existing prevention system in the Russian Federation population and Armed Forces in 2007–2018.Methodology. Mental disorders and behavioral disorders (F00–F99 by Chapter V, the International Classification of Diseases of the 10th revision) were analyzed according to 3/MED Form in the military units, where ≥ 80 % of the military personnel served. The longterm trends of the main statistical indicators of suicides and mental disorders among military personnel compared to the Russian population have been established.Results and Discussion. In 2007–2018, the level of suicides in the Russian Armed Forces was (12.00 ± 1.35) per 100 thousand military personnel and was 1.7 times lower than in the population of Russia (20.12 ± 1.56) per 100 thousand (p < 0.001). The level of suicides seems to decrease among the military personnel of the Russian Armed Forces. When analyzing the longterm incidence of mental disorders and the level of suicides in the personnel of the Armed Forces of Russia, no significant correlation was found. At the same time, in a cohort of officers and ensigns, a statistically significant correlation was established between the level of suicides and the general incidence of the Chapter V diseases (r = 0.87; p < 0.01), including stressrelated neurotic and somatoform disorders (F40–F48; r = 0.72; p < 0.01), mental and behavioral disorders associated with the use of psychoactive substances (F10–F19; r = 0.89; p < 0.001). In the military conscripts, there was a correlation between the level of suicides and general morbidity related to Chapter V diseases (r = 0.72; p < 0.05), including personality and behavior disorders in adulthood (F60–F69; r = 0.81; p < 0.01) and organic, including symptomatic, mental disorders (F00– F09; r = 0.76; p < 0.05). It was revealed that among the officers and military personnel under the contract, family and domestic causes of suicide prevailed in contrast to the draft servicemen. Meanwhile somatic and mental diseases as a predominant cause of suicide accounted for a relatively small proportion.Conclusion. Psychoprophylactic measures should be aimed at early detection of servicemen prone to suicidal behavior, effective assistance in resolving militaryprofessional difficulties and domestic problems, as well as at improving their adaptation to military service. Special attention should be paid to the early detection of people with addictive disorders, especially alcohol abusers.

A Hidden Corner of the “One Health” Concept: One Health, the Military Veterinarian, and Education

2016 ◽  
Vol 15 (2) ◽  
pp. 107-120
Author(s):  
Andrea Győrffy ◽  
Ákos Jozwiak
Keyword(s):  
Public Health ◽  
Veterinary Medicine ◽  
National Security ◽  
One Health ◽  
Armed Forces ◽  
Veterinary Services ◽  
Health Concept ◽  
The One ◽  
The Military ◽  
Over Time

Public health belongs to the “One Health” umbrella. As military veterinary medicine evolved, it became embedded in national security. Many armed forces still have active veterinary services, both regular and reserve components. The military veterinarian can serve as an interface between civilians and civil organizations, can handle complex and interdisciplinary cases. Introducing the “One Health” concept both in practice and education has encountered many difficulties. Over time, “One Health” has been judged to be a “buzz word” in civilian areas; however, it is a weighty concept. Its importance is pronounced in military areas where practicing along One Health principles were present before the appearance of the term itself. Nevertheless, military “One Health” has not penetrated into the overwhelming “One Health” literature. Emphasizing the military aspects of One Health not only reveals an obscure corner but might help to regain the proper importance of the “One Health” concept.

scholarly journals MIlitary Combat Mental Health Framework

2020 ◽  
pp. bmjmilitary-2020-001439
Author(s):  
Martin Bricknell
Keyword(s):  
Mental Health ◽  
Military Service ◽  
Current Knowledge ◽  
Armed Forces ◽  
Well Being ◽  
Therapeutic Interventions ◽  
Future Research ◽  
The Subject ◽  
Mental Well Being ◽  
Military Combat

This paper describes a framework for understanding military combat mental health based on the possible mental ill-health consequences of exposure to ‘potential trauma events’ for members of the armed forces and after their military service as veterans. It uses a life course approach that maps an individual’s mental well-being against four ‘states’: fit, reacting, injured and ill. It then considers five categories of factors that influence the risk of mental illness from this exposure based on research evidence; prejoining vulnerability, resilience, precipitating, treatment and recovery. This framework offers a structure to debate current knowledge, inform policy and therapeutic interventions, provide education and to guide future research into the subject.

scholarly journals The Militarization of Law Enforcement: Evidence from Latin America

2019 ◽  
pp. 1-20 ◽  
Author(s):  
Gustavo A. Flores-Macías ◽  
Jessica Zarkin
Keyword(s):  
Latin America ◽  
Law Enforcement ◽  
Armed Forces ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Police Reform ◽  
Political Consequences ◽  
Democratic Regimes ◽  
Military Law ◽  
The Military

What are the political consequences of militarizing law enforcement? Across the world, law enforcement has become increasingly militarized over the last three decades, with civilian police operating more like armed forces and soldiers replacing civilian police in law enforcement tasks. Scholarly, policy, and journalistic attention has mostly focused on the first type, but has neglected the study of three main areas toward which we seek to contribute: 1) the constabularization of the military—i.e., when the armed forces take on the responsibilities of civilian law enforcement agencies, 2) the extent to which this process has taken place outside of the United States, and 3) its political consequences. Toward this end, we unpack the concept of militarized law enforcement, develop theoretical expectations about its political consequences, take stock of militarization in Latin America, and evaluate whether expectations have played out in the region. We show that the distinction between civilian and military law enforcement typical of democratic regimes has been severely blurred in the region. Further, we argue that the constabularization of the military has had important consequences for the quality of democracy in the region by undermining citizen security, human rights, police reform, and the legal order.

Turkey: The Rise and Fall of the Influence of the Military in Politics

2020 ◽  
Author(s):  
Acar Kutay
Keyword(s):  
Cold War ◽  
National Security ◽  
Armed Forces ◽  
Political Polarization ◽  
The Political ◽  
Turkish Republic ◽  
Constitutional Order ◽  
Political Processes ◽  
The Cold War ◽  
The Military

The continued influence of the Turkish Armed Forces (TAF) on politics characterized the political history of the Turkish Republic, until such influence was first bridled and then ultimately broken by the Justice and Development Party governments during the 2000s. When the new regime was established in 1923, the military identified itself with its founding ideology, namely Kemalism, which was built on the ideas of modernism, secularism, and nationalism. Because the TAF assumed the roles of guardian of the regime and vanguard of modernization, any threat to the foundational values and norms of the republican regime was considered by the military as a threat to the constitutional order and national security. As a self-authorized guardian of the regime and its values, the TAF characterized itself as a non-partisan institution. The military appealed to such identity to justify the superiority of the moral and epistemological foundations of their understanding of politics compared with that of the elected politicians. The military invoked such superiority not only to intervene in politics and take power (1960, 1971, 1980, 1997, and 2007). They also used such identity to monitor and control political processes by means of the National Security Council (established after the 1960 military intervention) and by more informal means such as mobilizing the public against the elected government’s policy choices. In the context of the Cold War, domestic turmoil and lasting political polarization helped legitimate the military’s control over security issues until the 1980s. After the end of the Cold War, two threats to national security drew the TAF into politics: the rising power of Islamic movements and the separatist terrorism of the Kurdistan Workers’ Party (PKK), which posed threats to the constitutional order. Turkey’s EU membership bid is one of the most important aspects that bridled the influence of the TAF on politics. Whereas the democratic oversight of the military and security sector constituted a significant dimension of the EU reforms, events that took place around the nomination of the Justice and Development Party’s candidate, Abdullah Gül, for the presidency created a rupture in the role and influence of the military on politics. Two juristic cases against members of the TAF in 2008 and 2010 made a massive impact on the power of the military, before the ultimate supremacy of the political sphere was established after the coup attempt organized by the Gülenist officers who infiltrated the TAF during the 2000s.

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