THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2


 ISSUE CONTENTS:

 

1. The state of military law: towards a discussion of its concepts, exceptions and ways of development.

Melnik N.N., military expert law of the USA and European countries, PhD (USA), opklex@mail.ru

Abstract. The article examines the state of the Russian military law, provides an analysis of criticism and proposals on ways of its further development.

Keywords: militarylaw

 

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 the issue of bringing to material responsibility of military personnel of flight personnel.

Manannikov D.Y., сandidate of Legal Sciences, opklex@mail.ru

Annotation. The article discusses the issues of bringing to financial responsibility of servicemen of the flight special for unintentional errors in the operation of aircraft and aviation equipment, substantiates the need for the judicial authorities to reduce the amount of funds recovered when this category of crimes is committed by negligence.

Key words: military personnel, flight personnel, material responsibility

 

4. Public Council under the Ministry of Defense of the Russian Federation: features of the legal status.

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 peculiarities of the regulation of the legal status of the Public Council under the Ministry of Defense of the Russian Federation, identifies current problems of legal regulation, and suggests ways to eliminate them.

Key words: public council, public control, members, chairman, regulations, commissions.

 

5. Innovations in legislation regulating the right to wear a dirk after discharge from military service (commentary to Federal Law No. 387-FZ of November 29, 2021 "On Amendments to the Federal Law "On Weapons" and Article 2 of the Federal Law "On Amendments to the Federal Law "On Weapons").

Petrov O.Yu., Candidate of Legal Sciences, opklex@mail.ru

Abstract. The article comments on the provisions of the adopted Federal Law No. 387-FZ of November 29, 2021 "On Amendments to the Federal Law "On Weapons" and Article 2 of the Federal Law "On Amendments to the Federal Law "On Weapons", the amendments of which come into force on November 30, 2022. The author examines the aspects of the upcoming practical implementation of this Federal Law, designed to regulate legal relations related to the turnover of combat cold bladed weapons (cutlasses) and protect the rights of citizens dismissed from state paramilitary organizations with the right to wear military uniforms, providing a legal mechanism that enshrines the right of heads of state paramilitary organizations to transfer cold bladed weapons (cutlasses) for storage and carrying to citizens discharged from the reserve with the right to wear military uniforms, during the period of retirement, as well as inheritance of this right in accordance with the procedure established by law.

Keywords: combat cold bladed weapons, dirk, the right to wear military uniforms, heads of state paramilitary organizations, storage of weapons, carrying weapons, inheritance of rights, federal executive authority authorized in the field of arms turnover, administrative regulations, license for the right to store, carry weapons, arms turnover, accounting of weapons, the period of retirement, responsibility.

 

6. The Constitutional Court of the Russian Federation has restored the housing rights of children born after the death of servicemen.

Kinashenko I.A., graduate student of the Law Institute Russian State University of transport, opklex@mail.ru

Koryakin V.M., Doctor of Law, Professor, Head of the Department of Civil Law of the Law Institute of the Russian University of Transport, Professor of the Military University, opklex@mail.ru

Annotation. The article is a scientific and practical commentary on the Resolution of the Constitutional Court of the Russian Federation No. 52-P dated December 14, 2021, which recognized certain provisions of art. 15.1 of the Federal Law "On the Status of Military Personnel" to the extent that these norms presuppose determining the size of the total area of residential premises provided to family members of a deceased (deceased) serviceman, based on the composition of the family on the date of his death and thus does not provide for the possibility to take into account for the purposes of determining the total area of residential premises (the standard of total area) that child of a serviceman who was born after his death.

Keywords: housing provision; right to housing; need for housing; total area of living space; housing subsidy; children of military personnel.

 

7. Issues of implementation of constitutional housing guarantees by participants of the accumulative mortgage system of housing provision for military personnel.

Nieder S.A., Teacher in the cathedra of Criminal Procedure and Criminalistics of the Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru

Annotation. In the article, the author considers housing guarantees for participants in the accumulative mortgage system of housing for military personnel (hereinafter referred to as NIS). Analyzing the issues of free provision of housing to various categories of citizens at the expense of the state and local budgets, taking into account the social nature of these guarantees, the author reasonably expresses an opinion about the inconsistency of the provisions of the Federal Law "On the accumulative mortgage system of housing for military personnel" dated August 20, 2004 No. 117-FZ (hereinafter referred to as Law No. 117-FZ) of the Constitution of the Russian Federation and the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) in terms of not applying the criterion (condition) of need for residential premises to NIS participants. Also, the author considers the “free” designated purpose of the funds provided to participants within the framework of the NIS (with the exception of the targeted housing loan (CHL)) to be not based on the Constitution of the Russian Federation. The article proposes a variant of resolving the problems under consideration.

Key words: housing guarantees, savings and mortgage system, housing for military personnel

 

8. Novelties of legislation in the field of organizational and administrative relations on the procedure for testing military personnel for assignment (confirmation) of class qualifications and payment of a monthly allowance for class qualifications (qualification category).

Romanov D.A. Head of the Department of Automated Control Systems of the Yaroslavl Higher Military School of Air Defense, Colonel, Candidate of Technical Sciences, Associate Professor, opklex@mail.ru

Koprov V.M. Senior lecturer of the Department of Automation and Computing Facilities of the Yaroslavl Higher Military School of Air Defense, Lieutenant Colonel, Candidate of Economic Sciences, opklex@mail.ru

Shmelev A.V. Head of the Personnel Department of the Yaroslavl Higher Military School of Air Defense, Lieutenant Colonel, opklex@mail.ru

Annotation. The article analyzes the recent changes in the procedure for testing military personnel for assignment (confirmation) of class qualifications and payment of a monthly allowance for class qualifications (qualification category), the authors' views on the upcoming and necessary improvements to the regulatory legal framework affecting legal relations related to the class qualifications of military personnel.

Key words: class qualification, qualification category, qualification class, monthly allowance for class qualification.

 

9. Problemed aspects of the implementation of the legal expertise of draft legal acts on granting training leaves to military services in the activities of legal services of the military governance (military).

Roshchin S.R., assistant to the chief of the federal state institution «Main Center for supporting the activities of the national guard troops of the Russian Federation» for legal work, opklex@mail.ru

Naumov P.Yu., assistant to the head of the Federal state budgetary institution «Center for Military Medical Expertise of the troops of the national guard of the Russian Federation» for legal work, candidate of pedagogical sciences, opklex@mail.ru

Annotation.The legislative discretion of the special legal status of military personnel determines not only the existence of guarantees and compensations in the field of the right to education and related rights (for example, the provision of study leaves, etc.), but also imposes certain restrictions on the possibility of exercising this right. This study is devoted to problematic issues that may arise in the activities of the legal service of the national guard when exercising legal control and advising personnel on legal issues related to clarifying the regulation of the right to training and the provision of study leave in this regard. Based on the study of historical experience and the requirements of regulatory legal acts, aspects related to the exercise by military personnel of the right to education and receiving educational leaves are highlighted.

Key words: legal status; the right to education; study leave; levels of education; magistracy; arbitrage practice.

 

10. Practical aspects of registration of additional insurance payments to certain categories of medical workers in the Moscow region.

Sogiyainen A.A., Doctor of Medical Sciences, Chief, Tellura Vrach-Med LLC, PhD, opklex@mail.ru

Rascheslavsky B.Yu., Honored Doctor of Russia, Senior Researcher of the Federal State Budgetary Institution "4th Central Research Institute" of the Ministry of Defense of Russia, opklex@mail.ru

Abstract. The article discusses the methodological and legal aspects of registration of insurance payments to doctors, middle and junior medical personnel, drivers of ambulances for working with patients with a new coronavirus infection. The authors analyzed the current legislative framework on this issue. The practical features of the registration of this payment are considered: a list of necessary documents, templates of a cover letter, a certificate, an order on the establishment of a medical commission, statements of disagreement with the results of the investigation of the case of the disease are given. Particular attention is paid to the implementation of mechanisms for protecting the rights to receive this payment by these contingents.

Keywords: additional insurance guarantees, medical workers, new coronavirus infection

 

11. Analysis of statistical indicators of the criminal record of servicemen of the Russian Federation for crimes against military service in 2020.

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

Annotation. The article identifies trends in the development of criminality and criminal records of military personnel for crimes against military service, and draws conclusions about the causes of the development of some of the identified trends in criminal records and criminality of military personnel of the Russian Federation.

Key words: criminal law, military criminal law, military law, military criminal law, criminal liability, servicemen, crimes against military service, judicial statistics.

 

12. Inconsistency of the conclusions of the court set out in the judicial act, the factual circumstances of the case, as a basis for canceling court decisions: materials of the judicial practice of military courts.

Kharitonov S.S., Colonel of Justice of the Reserve, candidate of legal sciences, professor, opklex@mail.ru

Sharapov S.N., Colonel of Justice of the Reserve, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Resume: In the article, in relation to the issue of the discrepancy between the conclusions of the court set out in the judicial act, the factual circumstances of the case, as a basis for changing or canceling court decisions in appeal proceedings, examples of frequently recurring significant violations of criminal procedural and criminal laws committed in criminal proceedings are given. cases in garrison military courts.

Key words: military courts; grounds for changing or canceling court decisions; appeal decision.

 

13. On the issue of the copyright holders of the results of intellectual activity.

Zhamoidik K.M., Candidate of Law, Head of the Intellectual Property Management Department of the Joint-Stock Company "United Engine Corporation", opklex@mail.ru

Annotation. The article provides an overview of the amendments made to Part four of the Civil Code of the Russian Federation regarding the definition of the rightholder of the results of intellectual activity related to ensuring the defense and security of the state.

Keywords: results of intellectual activity, copyright holders, defense, security.

 

14. On the introduction of electronic document management in labor relations.

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

Potapov A.V., post-graduate student, opklex@mail.ru

Abstract. The article presents an analysis of the features of the use of electronic document management by employers in labor and directly related relations, taking into account the latest amendments to the Labor Code of the Russian Federation

Keywords: enterprises of the military-industrial complex, electronic document management, implementation

 

15. Once again on the exclusive competence of the courts on sanctions disputes: a commentary on the approach of the Supreme Court of the Russian Federation.

Doraev M.G., lawyer, partner at EMPP Law Office, opklex@mail.ru

Allahverdiev A.H., Junior Associate, EMPP Law Office, opklex@mail.ru

Annotation. The article provides a commentary on the decision of the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation dated December 9, 2021 No. 309-ES21-6955 (1-3) in case No. A60-36897/2020, in which the rules on exclusive competence were explained for the first time Russian arbitration courts in disputes involving persons in respect of which foreign public legal entities have applied restrictive measures (Articles 248.1 - 248.2 of the Arbitration Procedure Code of the Russian Federation). These clarifications will be extremely useful for Russian companies subject to foreign sanctions.

Keywords: sanctions disputes, the Supreme Court of Russia, competence

 

16. About additional professional education as a prerequisite for admission to work as a new type of fire safety training.

Shenshin V.M., Candidate of Law Sciences, Associate Professor, Associate Professor, opklex@mail.ru

Abstract. Since January 1, 2021, new Rules of the fire protection regime in the Russian Federation have come into force and amendments have been made to Article 25 of the Law on Fire Safety. This circumstance served as the basis for the formulation of a new type of fire safety training - instead of passing the fire-technical minimum, some categories of employees need to receive additional professional education as a prerequisite for admission to work. The main document regulating the training of employees in fire safety measures is the Order of the Ministry of Emergency Situations of Russia No. 645 dated December 12, 2007. From January 1, 2022, a new order of the Ministry of Emergency Situations of Russia No. 806 of November 18, 2021 comes into force, by which the previously valid provision is recognized as invalid. The relevance of the order is given by the adopted innovation, which provides for the possibility of implementing programs for fire-fighting instruction and checking the compliance of persons' knowledge (within the theoretical part) remotely.

Keywords: additional professional education; training of citizens; fire safety measures; EMERCOM of Russia.