THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
ISSUE CONTENTS:
1. The Institute planned replacement of the servicemen and some issues of corruption.
Baghdasaryan I.A., head of the Military Law Military University; Koriakin V.M., Doctor of Law, Professor of Military Administration, Administrative and Financial Law Military University, pvs1997@mail.ru In the article the characteristic of the Institute planned replacement of the servicemen undergoing military service in areas with severe climatic conditions, as well as in military units stationed outside the Russian Federation. Identified and described the factors contributing to the emergence of corruption in the planned replacement of the servicemen. Key words: military service; planned replacement of the servicemen;; transfers of military personnel; corruption; factors contributing to corruption.
2. Institute of planned replacement troops and some connected questions his corruption.
Kalashnikov V.V., Head of Studies - deputy head of the military department of the Russian State University of justice, PhD, Lieutenant Colonel of Justice, vpravo@mail.ru. We consider some problematic aspects of the complaints relating to the review of military personnel. The author argues that the involvement of officials responsible for this work to administrative liability for violation of the terms of consideration of applications will facilitate more effective rule of law and strengthening the credibility of the Russian Defense Ministry. We justify the need for more active involvement of the military prosecution in this direction. Key words: administrative responsibility, the timing of consideration of appeals, administrative responsibility.
3. About priorities of prosecutor’s activity with respect to legality in the Armed Forces of the Russian Federation and other military structures.
V.P.Pyabtsev, professor, LL.D.; R.U.Nemzorova, a post-graduate student of the Academy of the Prosecutor General’s Office of the Russian Federation, nimmanem@rambler.ru There are presented based on analysis some priorities of prosecutor’s activity with respect to legality in the Russian Armed Forces in the sphere of defence contracts, social protection of military men, fight with corruption and other crimes in the article. Key words: military prosecutor’s office; Armed Forces of the Russian Federation; priorities of the activity with respect to legality; fight with corruption; defence contracts; legal education of military men.
4. Organization of work on the prevention of corruption in the department.
Baranenkova I.V., PhD, researcher at the Centre for Legal Research, pvs1997@mail.ru The article discusses what the officer should do in order to effectively organize the prevention of corruption in the assigned unit. Key words: military organizations, anti-corruption measures, the authority of the commander.
5. Features of the application by military courts of certain legal norms of the Housing Code of the Russian Federation.
Tuganov YU.N., doctor of legal Sciences, associate Professor, judge of the district military court in the resignation of, academician of the Russian Academy of natural Sciences; Bystrov P.G., judge of the district military court in the resignation of, kud64@mail,ru The article analyzes the jurisprudence examination military courts cases related to the provision of military personnel living quarters. The authors show the possibility of resolving conflicts between legal norms of the Federal law of 27 may 1998 No. 76-FZ "On status of servicemen" and the provisions of the Housing code of the Russian Federation. The authors propose to solve the problem of competition rules to use the decisions of the courts of the Russian Federation. Key words: right to a home, a family member of a soldier, the courts, the judicial system, judge.
6. Decisions of the appellate authority in the consideration of the Prosecutor on the acquittal.
Senicheva I.S., attorney office of the General criminal justice Department at the General Prosecutor's office of the Russian Federation, isukhomlinova@list.ru; Khaliulin A.G., doctor of legal Sciences, Professor, head of Department of the Academy of the Prosecutor General of the Russian Federation, kaf-ord@mail.ru In this article a list of court decisions, which may take the military court of appeal on a review of the military prosecutor’s appeal on acquittal, judgment by the court of first instance. Key words: criminal trial, the military prosecutor, acquittal, appeal, types of court decisions.
7. The functions of the prosecutor in charge of the maintenance of the district (naval) military court jury.
Agabaeva A.V. post-graduate student, Saint-Petersburg law institute (branch) of Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation»; Nikolaeva T.G. Doctor of Sc., Professor, Saint-Petersburg law institute (branch) of Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation». The paper analyzes the function of the prosecutor realized them in criminal cases in the district (naval) military court with a jury, it is concluded that in addition to the criminal prosecution of the prosecutor and law enforcement functions. Key words: military prosecutor, prosecution, jury, functions of the prosecutor, military court.
8. The involvement of military personnel to legal liability: the ratio of the criminal procedure and administrative and procedural mechanisms.
Subanova N. V., Deputy Director of the research Institute of the Academy of the Prosecutor General of the Russian Federation. Candidate of legal Sciences. Senior Advisor of justice, 9991888@mail.ru Based on the analysis of fixed codified acts peculiarities of criminal procedure and administrative and procedural status of military personnel as special subjects of criminal and administrative responsibility addressed some of the issues provide universally recognized human rights involve legal liability of individuals (on the basis of the principle non bis in idem) given the similarity of emerging mechanisms of relationships. Key words: criminal procedure, administrative procedure, crimes, administrative offences, military personnel, responsibility, special subject.
9. On the prospects of development of the military police in Russia.
Sharikhin A.E., Dr., Professor at Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation», profaltx54@yandex.ru The article opens matters concerning legal control improvement in the activity of Russian military police authorities taking into account Russian Federation military doctrine provisions and foreign experience. Key words: Military doctrine, military police, foreign experience, legal control.
10. Legal consequences of the performance of work (rendering of service) in the interests of military organizations without the conclusion of the government contract.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru The judicial practice in cases relating to the unjustified enrichment of military organizations is analyzed in the article. In author’s opinion, performance of work or rendering of service by a business entity without a government contract with a military organization should not be absolute reason for denial of the redress an unjust enrichment. The unjust enrichment claim shall be satisfied in the case of unconscionable behavior of military organization. Key words: unjust enrichment; unjust enrichment claim; government procurement; contracting out.
11. The Decision of the military Prosecutor in a criminal case, made by the indictment.
A.G. Khaliulin, doctor of legal Sciences, Professor, head of Department of the Academy of the Prosecutor General of the Russian Federation, kaf-ord@mail.ru. Discussed the application of norms of the Criminal procedural code of the Russian Federation in the study of military Prosecutor of criminal cases received from the indictment, and making a decision about the direction of the criminal case to the court or to return the criminal case for further investigation. Key words: military Prosecutor, a criminal case, indictment, decision making.
12. Concept and objectives of criminal punishment: problems of modern interpretations.
Dolbnin A.I., Deputy Attorney Lipetskaya area, a graduate student of the Academy of the General Prosecutor of the Russian Federation, niigp@msk.rsnet.ru This article analyzes the nature, content, features and objectives of criminal punishment, it is proved that the use of criminal Naka zaniya against military has significant characteristics, which, unfortunately, is not reflected in the current criminal legislation-for. Key words: criminal penalties, goals, penalties, content on Kazan, the specifics of military punishment.
13. Domitsily military personnel and the iractive electoral right.
Vorobyev E.G., the candidate of jurisprudence, the senior lecturer, the colonel of justice Frequent discrepancy of a place of continuous accommodation of the military personnel (domitsily) with a place of passing of military service generates difficulties in implementation of their active electoral rights at regional and municipal level. It assumes entering into the current legislation of changes and the additions eliminating obstacles in this form of participation of citizens in administration of the state and local government. Key words: Military personnel. Electoral rights. Availability of participation in elections. Domitsily. Residence. Place of military service. Improvement of the legislation on elections.
14. Prosecutor's supervision as a training course for the training of military lawyers: some questions of history and modernity.
S.S. Kharitonov, PhD, Professor Reveals some issues of prosecutorial supervision as an academic discipline in the relationship of various branches of law, military law and related disciplines. Keywords: public prosecutor's supervision; academic discipline.