THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


 ISSUE CONTENTS:

 

1. Some issues of differentiation of material and civil liability of a serviceman for damage caused to the state during military service.

 

Naydenov I.N., Doctor of Military Sciences, Professor, Honored Scientist, Leading scientific researcher of the Research Institute of Agriculture, opklex@mail.ru

 

Maystrenko V.S., Lawyer, opklex@mail.ru

 

Abstract. One of the types of responsibility to which military personnel can be brought is material and civil liability, which have certain similarities with each other. At the same time, the differentiation of these types of responsibility is very important. This article is devoted to this issue.

 

Keywords: legal responsibility of military personnel, civil liability, material liability, military service, military service.

 

 

2. Military-administrative law, its subject and connection with other sciences.

 

Glukhov E.A., Candidate of Law, Associate Professor, Colonel of Justice, Military University of the Ministry of Defense of Russia, opklex@mail.ru

 

Abstract. The article reveals the specifics of the subject of the study of military-administrative law, substantiates the complex composition of the legislative norms included in it. Concrete examples illustrate the relationship of military-administrative law with other branches of law, military and social sciences. The interdependence of the development of various branches of science studying the field of military construction is revealed in connection with the change in social relations.

 

Keywords: military law, military administration, regulation of military construction, complex branch of law, military sciences.

 

 

 

3. On consideration by military courts of cases in the field of providing military personnel - participants of the NIS with living quarters.

 

Mironov V.S., candidate of legal sciences, head of the educational department - Deputy Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, opklex@mail.ru

 

Kharitonov S.S., Candidate of Legal Sciences, Professor, opklex@mail.ru

 

Resume. Based on examples of military-judicial practice, legal positions on issues related to the provision of military personnel participating in the NIS with living quarters are set forth. Attention is focused on the need for a comprehensive assessment of the prescriptions of the military-administrative and housing legislation. The necessity of a common understanding by law enforcement officials of the content of legal norms in the field of housing for military personnel is substantiated.

 

Key words: status of a serviceman, housing provision for servicemen, accumulative mortgage system of housing provision for servicemen, judicial practice, military courts.

 

 

 

4. On some trends in the development of legislation regulating public relations in the military-social sphere.

 

Nazarova I.S., Head of the Department of Constitutional and Faculty Administrative Law (Command) St. Petersburg Institute of the Order of the Zhukov Institute troops of the national guard of the Russian Federation Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

 

Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

 

Shenshina L.A., Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations of the St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia, candidate of pedagogical sciences, opklex@mail.ru

 

Abstract. Attention is focused on the fact that the social guarantees provided for family members of deceased combat veterans apply to relatives of military personnel who died (died) during the conduct of hostilities and did not receive the status of a combat veteran during their lifetime. The authors share the position of the legislator according to which graduates of general education institutions - children of combat veterans who died during hostilities or died as a result of injury (wounds, injuries, contusions), as well as diseases they received during hostilities, are planned to be accepted for a budget form of education within the established quota for bachelor's and specialty programs. It is noted that the procedure for monetary payments to family members of a serviceman (a citizen called up for military training) in the event of his death (death), recognition as missing or declaration of deceased is determined by federal executive authorities and federal state bodies in which federal law provides for military service. Attention is drawn to the fact that commanders are endowed with the duty to be responsible not only for the moral and political, but also for the psychological state of subordinate personnel.

 

Keywords: constitutional reform of 2020, welfare state, cash payments; social guarantees; military personnel; citizens discharged from military service; family members; combat veteran; recognition as missing or declared dead; moral and political condition; psychological condition.

 

 

 

5. On awarding the title of "Veteran of military service" to military personnel.

 

Alexandrova N.G., Candidate of Law, Associate Professor of the Department of Personnel, Legal and Psychological Support of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, opklex@mail.ru

 

Ivanov V.Yu., Candidate of Legal Sciences, Associate Professor of the Department Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru

 

Kirichenko N.S., Lawyer, opklex@mail.ru

 

Abstract. The article discusses some issues related to the procedure and conditions for awarding the title of "Veteran of military service". Along with this, the paper makes proposals on improving the legislation regulating legal relations in this area in order to increase the social security of military personnel who have transferred to military service after passing law enforcement and equivalent service

 

Keywords: military service, civil service, law enforcement service, military service veteran, labor veteran, military benefits

 

 

 

6. Contradictions in legal regulation associated with the failure to establish an allowance for special conditions of service for servicemen doing military service under contract in military educational institutions in military positions of commanders (chiefs) of subunits (organizations), the performance of duties for which is associated with the leadership of subdivisions.

 

Slivkov, A. S., candidate of law, head of the 25 Department, Military University, Moscow, opklex@mail.ru

 

Аnanishvili, S. V., head of the 1 Faculty, Military University, Moscow, opklex@mail.ru

 

Abstract. The article analyzes the absence of a specific procedure for assigning military posts to the posts of commanders (chiefs) of subunits (organizations) when establishing a premium for special conditions of military service, the performance of duties for which is associated with the leadership of subdivisions. As a result, no allowance has been established for servicemen doing military service under contract in military educational institutions in similar military positions. Within the framework of the legislatively provided for the unity of the system of material support of military personnel, the authors formulated proposals to eliminate the identified contradictions.

 

Key words: serviceman, military position, commander (chief) of a unit, military educational institution, special conditions of military service, social guarantees, material security, pay allowance, allowance.

 

 

 

7. Problematic issues of qualification of non-execution of an order (Article 332 of the Criminal Code of the Russian Federation).

 

Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», opklex@mail.ru

 

Chestnov N.E., Candidate of legal sciences, Docent of the Department of KB-12 «Legal support of national security» FGBOU VO «MIREA — Russian Technological University», opklex@mail.ru

 

Annotation. The article discusses the problematic issues of qualification of non-fulfillment by a military officer of the order of the chief, suggests ways to solve the identified contradictions of the current legislation and the practice of its application.

 

Key words: criminal law, military criminal law, military law, military criminal law, criminal liability, serviceman, crimes against military service, crimes against the order of subordination, non-execution of an order.

 

 

 

8. Development of German military law: approaches and methods.

 

A.V. Kudashkin, Doctor of Law, Professor, opklex@mail.ru

 

N.N. Miller, expert in US military law and European countries, PhD, USA, Honorary Advocate of Russia, opklex@mail.ru

 

Annotation. The article examines the development and fundamental changes of German military law, the reasons why it has not been codified, as well as the human dimension of military law and the social function of the State.

 

Keywords: military law, military law of Germany

 

 

 

9. On some historical and legal aspects of the development of US military-criminal legislation.

 

A.G. Vorobyev, head of the department of criminal law, Military University of Defense Ministry, the PhD in Law, opklex@mail.ru

 

Annotation. The article considers the main stages of the development of US military-criminal legislation in the context of the evolution of its sources, as well as taking into account the impact of a number of social, political and military factors. A new periodization of the history of US military criminal law is proposed.

 

Keywords: military law, articles of war, military punishments, Military correctional facilities, Uniform Code of Military Justice.

 

 

 

10. On reducing the volume of social guarantees for officers studying in military educational organizations in full-time education.

 

Glukhov E.A, Candidate of Law, Associate Professor, opklex@mail.ru

 

Koryakin V.M., Doctor of Law, Professor, opklex@mail.ru

 

Abstract. The article analyzes the legal status of officers improving their qualifications in educational organizations of the Ministry of Defense of Russia, compared with the legal status of the same military personnel before admission to training. The spheres of life in which the rights of students are limited in comparison with the rights of other military personnel are identified. The author shows the reasons and conditions contributing to a decrease in the volume of social rights of this category of military personnel, their impact on the formation of the mentality of students and adjuncts and on the prestige of obtaining additional professional education.

 

Keywords: students, adjuncts, military universities, restrictions of rights, Article 55 of the Constitution of Russia, adaptability, bureaucracy, military administration, the right to housing, the right to rest.

 

 

 

11. Freedom of information is the most important condition of information warfare.

 

Polunin S.V., Head of the Department of Constitutional and Administrative Law, Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, colonel of justice, Novosibirsk, opklex@mail.ru

 

Korobeynikov E.E., Cadet of the Faculty of Special Forces, Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, Novosibirsk, opklex@mail.ru

 

Abstract. The article attempts to assess the Russian legislation for compliance of certain legal rights (rights and freedoms) of a person and a citizen with the consumers of social development. from the point of view of ensuring national security. The constitutional human right to freedom of information was subjected to a substantive study. Freedom of information is an integral part of the information society, at the same time, in modern conditions, issues of information protection, information security have acquired special significance in the system of ensuring the national security of Russia. The conducted research allowed the author to conclude that in the conditions of the escalation of information confrontation, information weapon, and the freedom of its dissemination is the most important condition for an information war.

 

Keywords: information war, freedom of information, soft power, information security, national security of the Russian Federation.

 

 

 

12. Military clergy in the context of the Russian Constitution and the new National Security Strategy of Russia. Part 2.

 

Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru

 

Abstract. The article briefly discusses and analyzes certain problems of improving legal work in the field of state-church relations when recreating the institution of military clergy in the military, taking into account the significant changes that have occurred in the Constitution of Russia and the new National Security Strategy of Russia, and also taking into account the institutions of religious associations, possible ways of solving them are proposed.

 

Keywords: legal work, morale, the right of military personnel to freedom of religion, military clergy, Constitution, Strategy, historical memory, continuity, ideals, faith in God, spiritual and moral values.

 

 

 

13. Topical issues of the national system supplier development.

 

Arakelyan K.E., opklex@mail.ru

 

Annotation. In the era of the production of high-tech products, the importance of cooperation between manufacturers of its constituent parts (components) is increasing.

 

The ability of suppliers to guarantee the quality of components largely determines the ability of manufacturers of high-tech (aviation, missile, medical) products to meet the needs of customers. Thus, supplier development issues become large-scale.

 

The article presents the mechanisms of state and sectoral regulation of the development of suppliers in Russia.

 

Keywords: military-industrial complex, national system, supplier.

 

 

 

14. The procedure for setting prices for products supplied under the State Budget has changed.

 

Saidov R.A., independent expert on public procurement, as well as supplies carried out within the framework of the state defense order, opklex@mail.ru

 

Popov I.A., expert of the 7th qualification level on public procurement, opklex@mail.ru

 

Abstract: The relevance of this article is due to the adopted and effective Decree of the Government of the Russian Federation dated August 23, 2021 No. 1388 "On Amendments to the Regulation on state Regulation of prices for products supplied under the state defense order".

 

Keywords: state defense order, product price, order.

 

 

 

15. On maintenance payments to finance defense customer's representation offices of the Russian Ministry of Defense and their control bodies.

 

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru

 

Abstract. The author describes amendments to the Decree of the Russian Government No. 804 dated August 11, 1995 "On defense customer's representation offices of the Ministry of Defense of the Russian Federation". The author analyzes the new legal provisions on the rate of maintenance payments to finance defense customer's representation offices of the Russian Ministry of Defense and their control bodies. The circle of subjects obliged to pay money is determined. Special attention is paid to the action of the new rules on payments in time.

 

Key words: military-industrial complex, products of military purpose, quality control, defense customer's representation office, defense procurement.

 

 

 

16. Antitrust Compliance at the Ministry of Defense of the Russian Federation.

 

Zaikov D.E., Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Candidate of Legal Sciences, opklex@mail.ru

 

Annotation. The article discusses the prerequisites for the introduction and features of the legal regulation of the institute of antimonopoly compliance in the Ministry of Defense of the Russian Federation, which aims to comply with the requirements of antimonopoly legislation and prevent its violations.

 

Key words: competition, the Ministry of Defense of Russia, antimonopoly compliance, violations, risks.

 

 

 

17. Banking and treasury support: comparative analysis.

 

Korablev I.V., lawyer of the Defense industry organization, opklex@mail.ru

 

Abstract: The article presents a comparative analysis of the banking and treasury support of the state defense order according to the main criteria and transactions from personal and individual accounts.

 

Keywords: military-industrial complex; treasury support.