THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. An exaggerated degree of obedience as a specific sign military management method (legal aspect).
Glukhov Evgeny A., Candidate of Law, Associate Professor, doctoral student of the Military University, opklex@mail.ru
Abstract: the article analyzes the specifics of military management methods from the point of view of legal relations in the "commander – subordinate" system, identifies such factors of military management as subordination, unity of command, diligence, discipline, as well as their correlation with initiative, creativity and independence. The author focuses on the purposeful education of the qualities of a serviceman necessary to achieve the main goals of a military organization.
Keywords: military management, methods of military management, efficiency, discipline, initiative, teamwork, legal regulation of management, soldier.
2. Institute of Assembly in the Armed Forces of the Russian Federation: problems of legal regulation.
Zaikov D.E., Associate Professor of the Department of Civil Law, International Private Law and Civil Procedure, Law Institute of the Russian University of Transport, Candidate of Law Sciences, opklex@mail.ru
Annotation. The article examines the problems of the legal status of the regulation of the institution of assemblies in the Armed Forces of the Russian Federation on the example of the officers' meeting and the general meeting of civilian personnel of military units, and suggests ways to resolve them.
Key words: officers' meeting, labor collective meeting, community, powers, officers, employees.
3. Reimbursement of federal budget funds spent on military and special training of citizens of the Russian Rederation expelled from military universities.
Pomerlyan A.N., Deputy Head of the Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation for scientific work - Head of the Research and Editorial and Publishing Department, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Moroz M.I., Senior Assistant to the Head of the Legal Service Novosibirsk Military Order of Zhukov Institute named after the General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru
Annotation. In the articles, the author examines the obligation of citizens of the Russian Federation expelled from military educational institutions of higher education to reimburse federal budget funds spent on military and special training. Analyzing the law enforcement practice, taking into account the legal nature of the said obligation, the author reasonably expresses the opinion about the legal conflict, namely, the inconsistency of the position of law enforcement officers "no contract - no obligation" and the exemption of such citizens from the reimbursement of these funds.
Key words: military service, a serviceman, training at a military university, the obligation to reimburse federal budget funds for training.
4. On additional payments to military personnel: based on military judicial practice.
Mironov V.S., candidate of legal sciences, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation. The article analyzes a number of court decisions on resolving disputes regarding individual payments to military personnel, including in relation to monthly allowances for special conditions of military service and for special achievements in service. Attention is drawn to the need for a common understanding and interpretation of prescriptions in this area of military legal relations.
Key words: military courts, jurisprudence, monetary allowance for military personnel, payments to military personnel, allowances for military personnel.
5. Servicemen’s health protection in terms of the current military service security system.
Tsutsiev S.A., Doctor of Medicine, Retired Medical service Colonel, senior research officer of FSBI “State Scientific Research and Test Institute of Military Medicine”, Ministry for Defence of Russian Federation, opklex@mail.ru
Abstract. The article concentrates on the issue of health maintenance of the Russian Armed Forces’ servicemen in terms of military service securing. In the author's opinion, a tendency towards redirecting of the military authorities’ activity vector has emerged in format of the current security system: the servicemen’s protection from military service hazards has become the basic area of their interest; servicemen’s health remained outside the scope of their attention, that necessarily entailed the transformation of the common social views on human health care.
Key words: security, military service, serviceman, health care, military service factors, harmful factor, hazard, health.
6. The Constitutional Court of the Russian Federation has restored the labor rights of employees from among the teaching staff.
Zaikov D.E., Associate Professor of the Department "Civil Law, Private International Law and Civil Institute" Law Institute of the Russian University of Transport, Candidate of Law, Associate Professor, opklex@mail.ru
Annotation. The article deals with the problem of concluding fixed-term employment contracts with members of the teaching staff that restrict the constitutional rights of such employees, as well as its solution in the order of constitutional proceedings.
Key words: teaching staff, fixed-term employment contract, competition, educational organization, court.
7. Social guarantees for cadets of universities of the EMERCOM of Russia from the category of orphans and children left without parental care, persons from among orphans and children left without parental care.
Shenshina L.A., candidate of pedagogical sciences, Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Annotation: the presented study examines some features of providing social guarantees to orphans and children left without parental care, persons from among orphans and children left without parental care during their education in educational organizations of the Ministry of Emergency Situations of Russia. The main problems of cadets of this social category are analyzed.
Key words: orphans; children left without parental care, persons from among orphans and children left without parental care; persons who lost both parents or a single parent during the training period; EMERCOM of Russia.
8. Morgulenko E.A., candidate of legal sciences, associate professor; Kharitonov S.S., candidate of legal sciences, professor.
Annotation: The article considers examples of the judicial practice of military courts in terms of imposing criminal penalties. Attention is drawn to taking into account the circumstances mitigating and aggravating the punishment, the correct assessment by the court of the nature and degree of public danger of the crimes committed, the indication in the verdict of the motives for the decisions taken on all issues related to the imposition of a criminal punishment, release from it or its serving, etc. Emphasized the need to comply with the requirements of the criminal law on a strictly individual approach to sentencing
Keywords: military courts, criminal punishment, soldier
9. Correlation of rules of Chapter 8 of the Criminal Code of the Russian Federation and non-criminal regulations on the use of weapons.
Lyapin D.O., postgraduate student of the department of criminal law of Russian state university of justice, opklex@mail.ru
Abstract. The article analyzes the legal nature of the rules on the use of weapons by military personnel and other special actors in their relationship with the provisions of Chapter 8 of the Criminal Code. As a result of the study the conclusion is made that such norms provide for an independent circumstance excluding criminality of an act – lawful use of weapons.
Keywords: lawful use of weapons, circumstance excluding criminality of an act, legal responsibility of military personnel.
10. Necessary defense and exceeding its limits: the prospect of legislative improvement.
Tsygankov A. Yu., Associate Professor of the Department of UPiP, Candidate of Law, Moscow Witte University, opklex@mail.ru
Annotation. The article is devoted to the analysis of the new draft law "On amendments to Article 37 of the Criminal Code of the Russian Federation". The study of the problem of the boundaries of the necessary defense allows us to identify the advantages and disadvantages of the legal regulation of circumstances that exclude the criminality of the act, as well as the shortcomings of judicial and investigative practice. The existing approach is criticized, and ways to solve these problems are proposed.
Keywords: criminal Code, circumstances excluding criminality of acts, necessary defense, excess of necessary defense, inviolability of the home.
11. Innovations in the legislative regulation of housing provision for military personnel.
Kirichenko N. S., specialist of the Contract and Legal Department Federal Service of the National Guard Troops of the Russian Federation, opklex@mail.ru
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
Abstract: the article provides an overview of the significant changes made to the Federal Law "On the Status of Military Personnel" regarding the provision of military personnel and their family members with residential premises for permanent residence (funds for its acquisition), as well as office living quarters.
Keywords: serviceman, housing provision of military personnel, housing provision, military service, social guarantees of military personnel.
12. Military law of China
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Melnik N.N., expert in the field of US military law and European countries, PhD, USA, Honorary Advocate of Russia, opklex@mail.ru
Annotation. The article examines the history, theory and development of Chinese military law, military and military-technical cooperation between Russia and China, as well as the methodology and problems of studying Chinese military law faced by foreign scientists.
Keywords: military law, China, development, military-technical cooperation.
13. Prohibition of the dissemination of counter-sanction information.
Doraev M., partner of the Law Office "EMPP", Candidate of Law, opklex@mail.ru
Shabalina A., lawyer of the Law Office "EMPP", opklex@mail.ru
Annotation. The article comments on Article 21.4 of Federal Law No. 46-FZ "On Amendments to Certain Legislative Acts of the Russian Federation" dated 08.03.2022, which introduced bans on the dissemination of counter-sanction information.
Keywords: sanctions, dissemination of information, prohibitions.
14. Оn measures of state support for the national aircraft industry.
Arakelyan K.E., Adviser to the General Director of JSC "RT-Techpriemka", opklex@mail.ru; Arakelyan G.K., 220 VP of the Ministry of Defense of the Russian Federation, opklex@mail.ru
Annotation: The sanctions policy of unfriendly countries in different worlds affected all sectors of the Russian economy. The aircraft industry, as one of the high-tech ones, was touched upon, among other things. In order to reduce the negative consequences of the above-mentioned sanctions policy, the state has taken a set of measures. The article reveals the nature and direction of the measures taken to support the national aircraft industry.
Keywords: aircraft industry, state support measures, sanctions.
15. On increasing the protection of citizens, their property and economic facilities from fires.
Semenova U.S., Inspector of the Department of Regulatory and Technical Department of Supervisory Activities and Preventive Work Main Directorate of the Ministry of Emergency Situations of Russia for the Republic of Crimea, master student of the Institute of Life Safety of St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Shenshin V.M., candidate of legal sciences, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: Based on the adoption of Federal Law No. 276-FZ dated 14.07.2022 "On Amendments to the Federal Law "Technical Regulations on Fire Safety Requirements", the authors reveal the specifics of expanding the conditions for compliance of protection facilities with fire safety requirements, including when using various design justifications, tests, studies, as well as meeting the requirements of special technical conditions and standards organizations; exclusion of outdated, redundant and duplicate fire safety requirements, including requirements for fire safety and fire extinguishing equipment, personal protective equipment, established by the technical regulations of the EAEU; setting the deadline and clarifying the procedure for developing and submitting a fire safety declaration (including in the form of an electronic document signed with an enhanced qualified electronic signature); clarifying the method of transmitting a fire signal from socially significant objects to fire protection units. It is concluded that the adopted amendments make significant changes to the regulatory document and provide for the expansion of the conditions for compliance of protection facilities with fire safety requirements, the exclusion of outdated, redundant and duplicate fire safety requirements, the establishment of a deadline and clarification of the procedure for the development and submission of a fire safety declaration, clarification of the method of transmitting a fire signal from socially significant facilities to fire departments security.
Keywords: emergency exit; safe zone; fire safety; fire section; fire compartment; technical regulations; evacuation; screen wall.