THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8

  ISSUE CONTENTS:

  

1.  Legal status of citizens enrolled in military training programs at military training centers.

Kalashnikov V.V., colonel of justice, head of the department of military-legal training of the military training center at the Russian State University of Justice, candidate of legal sciences, associate professor, opklex@mail.ru

Abstract. The subject of this article is the peculiarities of the legal status of citizens studying in military training centers, the authors present their opinion on the issue of their legal status.

Keywords: military training center, trainees, status, military training, students.

 

2.  Legal status of citizens enrolled in military training programs at military training centers.

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

Abstract. The article deals with the problems of development and application of the law of armed conflicts in relation to naval operations, which are relevant, but not resolved to the present.

The article deals with the issues of the state of Russian military law, provides an analysis of criticism and suggestions on the ways of its further development.

Keywords: status of citizens, military training, military educational institutions.

 

3.  Some issues of legal regulation of the transfer of weapons, military and special equipment between federal executive authorities.

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

Abstract. Currently, more and more attention is being paid to the organization of equipping the Armed Forces of the Russian Federation, other troops, military formations and bodies with weapons, military and special equipment. This article discusses the issues of legal grounds and regulation of the transfer of such military property between federal executive authorities. The specified procedure includes issues of coordination of legal acts providing for such transfer, as well as their publication.

Keywords: words: supply of weapons, military service, weapons, military equipment, acts of the Government of the Russian Federation.

 

4. Modern innovations in legislation aimed at improving the status of the Naval Charter of the Navy (commentary to Federal Law No. 173-FZ of June 11, 2022 "On Amendments to Article 4 of the Federal Law "On Defense" and Certain Legislative Acts of the Russian Federation).

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

Abstract. The article comments on the provisions of the recently adopted Federal Law No. 173-FZ of June 11, 2022 "On Amendments to Article 4 of the Federal Law "On Defense" and Certain Legislative Acts of the Russian Federation, the amendments of which entered into force on June 22, 2022. The author examines and presents a scientific and practical commentary on certain innovations in legislation regulating the establishment of the powers of the President of the Russian Federation to approve the Ship Charter of the Navy.

Keywords: federal law, general military regulations of the Armed Forces of the Russian Federation, Internal Service Regulations, Naval Ship Regulations.

 

5.  Legal aspects of medical support for a special military operation.

Koryakin V.M., doctor of Legal Sciences, Professor, Professor 25 faculty FGKWOW in "Military University named after Prince Alexander Nevsky" of the Ministry of Defense of Russia, opklex@mail.ru

Abstract. The article is a scientific and practical commentary on the Federal Law of June 11, 2022. No. 166-FZ "On Amendments to Article 17.1 of the Federal Law "On Defense" and Article 31 of the Federal Law "On the Basics of Protecting the Health of Citizens in the Russian Federation", according to which the issues of first aid to servicemen of the Armed Forces of the Russian Federation, other troops, military formations and bodies in wartime conditions are clarified, conducting military (combat) operations, performing combat (combat training), service-combat (operational-service) tasks in the field of defense.

Keywords: medical support; first aid; medical assistance; special military operation.

 

6.  On some issues of the application by military courts of the legislation on the monetary allowance of military personnel (based on judicial practice).

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

Abstract. The article presents an analysis of current court decisions on resolving disputes regarding monetary allowances and individual payments to military personnel. Attention is drawn to the need for a common understanding and interpretation of prescriptions in this area of military legal relations.

Keywords: military courts, judicial practice, monetary allowance for military personnel, payments to military personnel.

 

7.  Registration as a family member of a serviceman of a spouse's child from a previous marriage to provide official housing (based on materials of judicial practice).

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

Abstract. The article deals with the issue of legal regulation at the legislative level of establishing the fact that a serviceman is dependent on his spouse's children from another marriage to provide official housing.

Keywords: housing provision for military personnel, family member of a serviceman, military service, service housing, legal gap

 

8.  About some problematic issues arising in the implementation of the rights of participants in the mortgage system of housing for military personnel.

Nabiev A.S., Specialist of the Legal Department Federal Service of the National Guard Troops Of the Russian Federation, opklex@mail.ru

Abstract. Currently, the formation and further development of the accumulative mortgage system of housing provision for military personnel is taking place. The article provides a brief analysis of the problems that arise when military personnel exercise the right to housing during the period of participation in the specified system and possible ways to eliminate them.

Keywords: military service, housing provision, accumulative mortgage system.

 

9. Financial literacy of military personnel: legal bases of monetary allowance.

Privetkin A.A., Federal State Public Military Educational Institution of Higher Education «Prince Alexander Nevsky Military University» of the Ministry of Defense of the Russian Federation Professor of the Department of Finance and Banking Management in the Armed Forces, opklex@mail.ru

Abstract. The subject of the article is the legal basis of monetary allowance as the main type of income for military personnel in terms of improving the financial literacy of military personnel. The purpose of the work is to cover the issues related to the system of normative legal acts regulating payment of monetary allowance as a special case of the system of Russian legislation. The study is based on a review and analysis of various documents on the system of law, including federal laws, decrees of the President of Russian Federation, decrees of the Government of Russian Federation, and legal literature. The results of the work show that it is necessary to pay attention to such aspects of the improvement of financial literacy as a systematic understanding of the legal foundations of monetary allowance, the hierarchy of regulatory legal acts, the powers of legislative bodies. The article covers the specifics of the legal regulation of monetary allowance of military personnel and can be used as supplementary material during studying the course «Fundamentals of financial literacy of military personnel», which became mandatory for cadets of military educational institutions in 2021.

Keywords: financial literacy, Financial Literacy Improvement Strategy, military personnel, monetary allowance, system of law.

 

10.   Digital electronic crime as a new subspecies of crimes against the electoral rights of citizens.

Roganov S.A., Doct. Sci. (Law), Associate Professor Saint Petersburg military order of Zhukov Institute of national guard troops, Associate Professor PetrSU, opklex@mail.ru

Bernikov G.O., мaster of PetrSU, opklex@mail.ru

Abstract. The article analyzes the concepts, content and specificity of electoral crimes, due to latency and extreme politicization. Particular attention is paid to the description of the main forms of crimes against the electoral rights of citizens.

Keywords: offense, electoral crime, electoral process, election campaign, electronic voting.

 

11. Changes in the regulatory regulation of intellectual property rights of the Russian Federation, their impact on the organizations of the Defense industry of Russia.

Eremin A.V., Candidate of Law, Director of Corporate Governance and Legal Affairs of RT-Intellectuexport LLC, opklex@mail.ru

Abstract. The article discusses the changes in the regulatory framework governing relations in the field of intellectual property law of the Russian Federation, which took place in the first months of 2022.

Keywords: intellectual property, military-industrial complex, sanctions.

 

12 .  Courts' approaches to waiver and its consequences: traditional approaches and new practice.

Nesmelova V.G., junior lawyer of Popov Law Services, 4th year student of VSUYU (RPA of the Ministry of Justice of Russia), opklex@mail.ru

Abstract. This article discusses the approach of arbitrazh courts to the instrument of waiver of rights, legal consequences and ways to implement that instrument. The waiver of rights granted by both law and contract is considered. In addition, legal nature of the waiver of rights are explored, as well as the similarities of the institute with other legal theories, based on current judicial practice.

 Keywords:  waiver, estoppel, judicial practice.

 

13.  Civil lawsuit of the prosecutor in the sphere of execution of budgetary legislation on state (municipal) agreements (agreements), contracts, including the state defense order: the problem of efficiency.

Lebedeva (Skachkova) A.E., candidate of legal sciences, associate professor, opklex@mail.ru

Abstract. The article discusses the problems of the effectiveness of the prosecutor's exercise of the right to appeal to the arbitration court with claims about the invalidity of state (municipal) contracts (agreements), contracts, including the state defense order.

Keywords: prosecutor, statement of claim, budget legislation, state (municipal) contract, state defense order, public interest