THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4
ISSUE CONTENTS:
1. Use (application) of the armed forces on the territory of a foreign state: terminological aspect.
Koryakin V.M., pvs1997@mail.ru Тhe article is devoted terminological analysis of the rules of military law, which stipulates the use and application of Armed Forces on the territory of foreign States. Key words: use of the Armed Forces; the use of Armed Forces; the armed conflict.
2. Some of the legal issues that arise when converting military pensions to citizens, retired from the military service.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, pvs1997@mail.ru The article describes some of the legal issues that arise in practice when converting military pensions to citizens, retired from the military service. Key words: military service, pension, retiree, a district coefficient calculation, dependent, welfare.
3. Evidence and proof affairs to establish the fact of finding a dependent.
V.V. Kalashnikov, pvs1997@mail.ru On the basis of judicial practice are considered the questions of evidence and proof in cases associated with the recognition of the fact of being dependent soldier. Key words: military, dependents, proof.
4. Prosecutorial supervision of the rights of military servicemen, those retired from the army and their families to housing.
Major General A. Nikitin, Head of the 2nd Supervision Directorate of the Chief Military Prosecutor's Office, PhD in Legal Studies, Honored Lawyer of the Russian Federation, Associate Professor 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 violations in the provision of housing for military servicemen, those retired from the army and their families revealed by the Russian Chief Military Prosecutor's Office during prosecutorial supervisions in 2012. The author underscores the necessity for extra measures to improve the efficiency of prosecutorial supervision and its preventive functions. Author's suggestions to change the current legislation of the Russian Federation are particularly worth considering. Key words: prosecutorial supervision, Chief Military Prosecutor's Office, military servicemen, provision of housing, military authorities, processing of appeals and complaints.
5. Obtaining permanent housing during the period of military service the military, the first contract for military service after 1998.
Glukhov E.A., Colonel of Justice, teacher St. Petersburg Military Institute the Ministry of Internal Affairs of Russia, PhD in Law, pvs1997@mail.ru In this article the author reveals the contradictions of the legislation on the term of vesting of certain categories of military personnel in recognition of their need of permanent housing . The conclusion on the legality of providing servicemen who have signed the first contract for military service after January 1, 1998 , permanent housing if they have 20 years of seniority in the military service prior to dismissal from service. Key words: permanent housing for servicemen , date of the first contract , corruption-factors , the relationship of permanent housing for servicemen and discharge from military service , elected domicile .
6. Provision of office premises servicemen - participants accumulating mortgage system that acquired accommodations at the expense of the target housing loan in the village, not a place of military service.
Kovtkov D.I., consultant of the division of the Legal Department of the Ministry of defence of the Russian Federation, adviser of the state civil service of the Russian Federation of the third class, pvs1997@mail.ru The article is devoted to the topical issues of providing participants with the accumulation-mortgage system for servicemen, acquired accommodations by means of a trust of a housing loan in the village, not being a place of military service, service dwellings or payments to such servicemen of monthly monetary compensation for employment (sub-lease) premises. Key words: serviceman, right of ownership, office accommodation, housing providing participants of accumulative and mortgage system, place of military service, cumulative mortgage system of housing provision for military personnel.
7. Legal regulation and payment of lump-sum payments to purchase or build housing for servicemen: positive and negative innovations deral.
Kichigin N.V., the legal counsel of the border Department of the FeSecurity Service in the Republic of Armenia, pvs1997@mail.ru In the article the legislation governing the procedure of calculation of the lump-sum payments for the acquisition or construction of housing for servicemen, given the positive and negative sides of innovations, explained the latest changes to the Federal law «On the status of military personnel» in the part concerning the realization of the right of a
serviceman on housing. Key words: lump sum cash payment, the right to housing, the calculation of the norm meters, especially the provision of subsidies.
8. Miscarriage of justice or the protection of the rights of servicemen? (to the question about participation in the accumulation-mortgage system of the housing provision for servicemen).
Gaydin D.Y., Legal Division Federal Security Service of the Russian Federationpvs1997@mail.ru In the article analyzes judicial precedent on the case contestation of actions of the military government, connected with refusal in inclusion in the accumulation-mortgage system of the housing provision for servicemen. Key words: the accumulation-mortgage system of the housing provision for servicemen, litigation of actions of the military government, the Military collegium of the Supreme Court of the Russian Federation.
9. Factors contributing to the organized criminal activity of persons of military age, specific to counter it.
M.A.Sokolov, Research Institute of the Academy of the General Prosecutor of the Russian Federation, pvs1997@mail.ru The analysis of the comparison of the level and intensity of crime to the age groups of the Russian population , which shows that the criminalization of behavior most distinguished persons of early youth age ( from 18 to 24 years), that is, persons of military age. Key words: inductee, crime, counter.
10. Military commissariat’s activities during state control and responsibility for its obstruction.
Y.A. Sokolov, senior assistant on legal working the chief of the department military commissariat Rostov-on-Don area on Proletarian and Pervomayskу district Rostov-on-Don, pvs1997@mail.ru The military commissariats authorities considered in state control of jurisdictional sphere and bringing guilty to responsibility for infringement of the law related to non-compliance with the requirements of controlling authority and obstruction of its activities, and elements of these offences are considered in the article. Key words: military commissariat, monitoring, control, military registration, administrative responsibility, elements of offence, punishment.
11. Some legal issues of compliance with labour legislation, arising in the military commissariats.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, pvs1997@mail.ru The article describes some of the legal issues of compliance with labour legislation, arising in the military commissariats. Key words: employer, employee notification, contract, agreement of the parties, the statement, responsibilities, term, additional paid leave, dismissal.
12. Current legislation does not provide a basis for recovery of the debt amount in litigation with employee using sick leave in advance, if an employer when calculating actual inability to make deduction for unearned vacation days due to lack of credits when calculating.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, pvs1997@mail.ru The article provides a brief review of the jurisprudence that legislation does not provide a basis for recovery of the debt amount in litigation with employee using sick leave in advance. Key words: employer, employee, employment contract, the advance agreement of the parties, a statement about responsibility, debt retention, parental leave, dismissal.
13. Creating a service contract (contract manager) state customer - the law enforcement agency.
Kirillov P.V. candidate of legal Sciences, pvs1997@mail.ru The article examines how to create a service contract, contractual appointment manager, their credentials. The author points out features of the disclosure in the position of the service contract authority and responsibility of its staff. Key words: law enforcement agency; provision (regulation) on contract service; requirements for employees on contract service.
14. Some issues regarding education and training of recruiting kyrgyz young people in a modern society and their impact on crime of kyrgyz military personnel.
R.A. Ormokoev, associate chair of criminal law the Military University, Colonel of Justice, pvs1997@mail.ru The article considers of problem issues of education and training of recruiting Kyrgyz young people in a genesis of crime of military personnel of the Kyrgyz Armed Forces and also the impact on family formation and development of cultural and moral characteristics of Kyrgyz military man. Key words: education, training, kyrgyz young people, military crime, Kyrgyz military, the Armed Forces.
15. Price of contract and product price as conditions of the defense contract.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ruIn the article the notions of "price of defense contract" and "defense product price" are scrutinized. The correlation between price of defense contract and defense product price is defined. The special attention is drawn to an order and conditions of defense product prices’ application. The author comes to conclusion that cost-based concept of defense product price formation has some defects. In connection with this, the author offers to include the cost-plus-incentive-fee price into the legal list of defense product price’s types. Key words: government contract; defense procurement and acquisition; price formation; products of military purpose; government procurement.