THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5


 ISSUE CONTENTS:

1. Appeal to the court and in law enforcement bodies: right or duty?
VM Koryakin, LL.D., pvs1997@mail.ru  The article examines the right of servicemen and military organizations to appeal to the court and in the law-enforcement bodies for protection of the broken rights; are analyzed the problems, connected with the criminal prosecution of persons who committed crimes, related to the cases of the private-public prosecution, when there is no statement of the victim. Key words: judicial protection; criminal prosecution; the private-public prosecution; the statement of the victim.

2. On entering the mobilizable human reserve.
S. Zhuravlev – Candidate of Law, Associate Professor MGUPI; zhur-serg@mail.ru; Kremenskov MN – PhD student, lawyer; bukamarina@rambler.ru Тhis article is dedicated to the analysis of a  new trend in the military activities of the state – the mobilizable human reserve. The article deals with the characteristics of entering military service as a reservist and signing contracts with reservists. Key words: entering military service, military service, reserves of the Armed Forces of the Russian Federation, mobilizable human reserve.

3. Partially capable military.
Glukhov EA, Colonel of Justice, teacher SPVI MVD of Russia, PhD in Law, Shahbazov RA, Major of Justice, Senior Lecturer SPVI MVD Russia, PhD, pvs1997@mail.ru   This article examines the status of young cadets of military schools in the public and civil spheres of relations, and general conditions of the onset of full civil capacity and features of its implementation for the cadets of the military and educational institutions. Key words: military educational institutions, students of military schools, emancipation, minors, minor civil capacity, rights and responsibilities of students.

4. Social security of the military servants, held military service under conscription, and their families.
Antipeva N.V., counsellor of Department of the labour legislation and social protection of the Constitutional Court of the Russian Federation, associate professor, omsknva@mail.ru   Basic elements of the system of compulsory military servants and their families social security, which includes different types of benefits, compensations, pensions are analyzed in the article. The author defines principles and conditions of this types of social services assignment. Key words: military servant, compulsory military service, social security, benefits, compensation, pension, recompense, incapacity for work, loss of breadwinner.

5. On some issues of recognition of war veterans of Russian citizens and provide them with social protection measures.
Ilmeneykin P.V., lawyer, pvs1997@mail.ru  In article separate problems of recognition of the military  personnel and the citizens who were taking part in operations abroad and in the territory of Russia, by veterans of operations, and their legal regulation in standards of the legislation of the Russian Federation are analyzed. Key words: military personnel, citizens, operations, participants, veterans, disabled people, measures of social support, law.

6. Some issues that arise when providing legal guarantees for social support of citizens, according to veterans of the great patriotic war, hostilities, as well as to widows of these veterans.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, pvs1997@mail.ru   The article deals with the legal issues arising in the judicial practice in the provision of social support for veterans, their widows and families of martyrs (dead) veterans. Key words: veteran, social support, incentives, guarantee, payment, widow of, a family member of a veteran.

7. The establishment of a lump-sum cash payments for the purchase or construction of residential premises as the only form of housing provision for servicemen is unacceptable.
Gaydin DY, Legal Counsel Division FSO Russia,  Gaidin_du@mail.ru  In this article critically evaluated the idea of  establishing a money grant as the only and the main form of housing provision for servicemen, analyses the background and possible negative consequences of such establishment, as well as the question is raised of the importance of the natural shape of provision of housing.  Key words: money grant, housing,  dismissal from service, a favorite place for residence.

8. To a question about the order to provide office accommodation in the bodies of the Russian FSB.
NY Baydin, the Association of Lawyers of Russia, pvs1997@mail.ru   This article analysis one of the most important elements of  housing support of Russian Federal Security service bodies officers i.e. the way of how the que for service dwelling space getting forms. Key words: service  dwelling space, bodies of FSS of Russian Federation, legal regulation.

9. Changing the order and method of execution of a judgment.
Kalashnikov Anna, lawyer, pvs1997@mail.ru   The paper studies the issue of execution of court decisions in cases relating to housing for military personnel, by changing the method and procedure of its implementation, as one of the unclaimed currently capable of solving the housing problems of servicemen who received the decision of the court for many years, can not fulfill it, and quit. Key words: change the order and method of enforcement of the judgment, housing soldiers.

10. Institute of Civil Service in the Ministry of Defence of the Russian Federation and other federal bodies of executive power, where federal law provides for military service.
Sсhedrinov K.S., Researcher of the problems of organizing prosecutorial activities of the Research Institute of the Academy of the General Prosecutor's Office, the candidate of jurisprudence, pvs1997@mail.ru  This  paper examines the main and the most relevant, in our view, the issues related to the legal regulations concerning the civil service in the Ministry of Defence of the Russian Federation and other federal bodies of executive power, where federal law provides for military service, and analyzes existing problems of today relations in this area, suggest measures to overcome them.  Key words: military service, the civil service, the legal status of civil servants.

11. Some questions about the possible inheritance of lump-sum cash payments to veterans for the purchase of housing.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, pvs1997@mail.ru    This article describes the possibility of inheritance of close relatives of Veterans of lump-sum cash payments for purchase of housing, which leads to problems in practice. Key words: Heritage mass, veteran benefits, housing, the heirs of the testator.

12. How to pay mobrezerv?
Koprov V.M. Lecturer of the Department of Automation and computing facilities of the Military Space Academy A.F. Mozhaiskogo (branch Yaroslavl), Ph.D. in Economics, captain, pvs1997@mail.ru. The article deals with the creation of the mobilization of manpower in the formation of a new concept of training and accumulation of mobilization of human resources. Key words: supply the Armed Forces, the mobilization of manpower, mobilization of human resources, cash payments to reservists.

13. The procedure of forming the fund allowance for troops in the Ministry of Defence of the Russian Federation.
The author analyzed the RF Government Decree of October 1, 2012 № 1000 «On the order of formation of the fund money allowances for servicemen of the federal executive body, in which federal law provides for military service» from the viewpoint of its application in the Ministry of Defense. Key words: foundation allowance for troops, the budget process in the Ministry of Defense.

14. Wives of severance pay.
K.V. Simonovskiy, Military University, Ph.D. in Economics, Major, pvs1997@mail.ru  The article deals with the appointment and payment of severance pay to wives of servicemen, military service under the contract, in the event of termination of the employment contract due to moving troops to a new place of military service in another locality. To avoid problem situations focus on the legal issues of dismissal military spouses and accuracy of her work record. Key words: wives of severance pay, employment history, reference, the average monthly wage.

15. Procedure for payment of allowances for special achievements in the service.
Koprov V.M. Lecturer of the Department of Automation and computing facilities of the Military Space Academy A.F. Mozhaiskogo (branch Yaroslavl), Ph.D. in Economics, captain, pvs1997@mail.ru.   This article sets forth the allowance for special achievements in the service under the new system of money allowances for servicemen, analyzes  the allowance for special achievements in the service of the various ministries. Key words: premium, special achievements in service, the new allowance.

16. On some problems of the civil-legal liability for damage caused by a terrorist act.
VM Koryakin, LL.D., pvs1997@mail.ru   The paper deals with the legal problems of compensation of harm, caused to life, health and property of citizens as a consequence of a terrorist act. It is proved the invalidity of the idea of laying on of such liability to the relatives of the dead terrorist Key words: compensation for damage; terrorism; civil liability; family members of a terrorist.

17. On some questions liability of the military unit for property damage caused by ultra-hazardous military sources.
E. Sokolova, Senior Lecturer of the Civil Law Department of the Military University of the Ministry of Defense Federal State Public Military Institution of Higher Education The article considers some issues arising due to damage caused by ultra-hazardous military sources.  The author underscores that property damage can be inflicted on individuals and legal entities as a result of both legal and illegal activities of military units and offers a differentiated approach to such damages depending on the legal treatment of such actions. Author's suggestions to change the Civil Code of the Russian Federation are particularly worth considering. Key words: ultra-hazardous military source, military unit, compensation of damage, illegal, fighting, drills and maneuvers.