THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


ISSUE CONTENTS:

1. Measures to increase the prestige of military service for conscripts should not entail disproportionate restriction of the rights of citizens (commentary on the Decision of the constitutional Court of the Russian Federation of 30 October 2014 No. 26-P).
KoryakinV.M., doctor of legal Sciences, voenpravo@mail.ru
The article analyzes the legal position of the constitutional Court of the Russian Federation on the legal consequences of the recognition of the citizen is not completed military service for conscripts, without legitimate reasons
Key words: public service, military conscription; exemption from military service; the evasion of military service.

2. Grounds forprocessing andsecurityof personal datatroops.
ZaboudkoY.S., the applicant of the Academy of the Prosecutor General of the Russian Federation, yzabudko@yandex.ru
The article discusses issues related to the specifics of data collection and further processing of personal data servicemen and persons civilian personnel, as well as ensuring the security of personal data.
Key words: personal information, soldiers, the bases of the processing.

3. Тhe improvement of military’s realty municipalization as a course of combating corruption.
Okuneva K.D., Dolinsk City Prosecutor’s senior assistant, Sakhalin Region, xenok.86@mail.ru
The article considers the problems of anti-corruption efficiency in the transmission of military’s realty in municipal ownership.
Key words: combating corruption; disposal of the military’s realty; municipalization; anti-corruption legislation.

4. Legal regulation of the turnover of old (antique) weapons abroad and especially its international legal status.
Shelkovnikova E. D., D. Yu.N., Professor, Professor of Department of theoretical and legal disciplines of the law faculty of the Institute of lawMoscow State Linguistic University, pvs1997@mail.ru
The article reviews the essence of theinternational legal regulation ofсirculationof antique arms and especially theirlegal statusin foreign countries.Particularattention is drawn tothe terms ofthe effective application ofthis experiencein the development ofthe legal statusof antique arms in the future Russianlegislation.
Key words: antiques,antique arms,antique arms circulation, cultural value.

5. Underrated military pension of the deceased pensioner and the circle of persons entitled to receive it: legal procedure of succession.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
In article the basic legal problems of the succession procedure in determining the range of persons entitled to receive the pension of the deceased military pensioner lost arising in law-enforcement practice.
Key words: lost pension, military pensioner, a member of the family, inheritance, deceased, death, payment.

6. Legal regulation of activity of defense customer’s inspectors: correction of mistakes.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The last amendments to Provision on defense customer’s representation offices are reviewed in the article. The author specifies the reasons of amending of Provision on defense customer’s representation offices, analyzes the content of the amendments and estimates their influence on efficiency of process of formation of the state defensive order and control of its execution.
Key words: quality control; products of military purpose; defense customer’s representation office; defense procurement and acquisition.

7. Does Russia need the Military Penal Code?
Obrazhiev K.V., Head of the Chair on Criminal Law Disciplines Academy of the Prosecutor General’s Office of the Russian Federation, Candidate of Laws, Assistant Professor, okv79@mail.ru
The article explains the inadvisability of expansion of the existing system of formal sources of Russian criminal law through the adoption of the Military Penal Code; proved that the gap of legal regulation of relations arising in connection with the commission of crimes against the pre-military service in wartime or fighting conditions should be eliminated by supplementing the existing Criminal Code.
Key words: sources of criminal law, the codification of criminal law, military criminal law.

8. About some features of criminalistical characteristic of crimes related to theft of precious metals in the Armed Forces of the Russian Federation.
Kardash I.L., head of the 4-th Department of the Military University, doctor of military Sciences, associate Professor, Colonel; Tomei U.S., seeker of the Military University, captain of justice; voenpravo@mail.ru
The article discusses the features of criminalistical characteristic of crimes related to theft of precious metals in the Armed Forces of the Russian Federation, analyzes the elements of criminalistic characteristics of the theft and the ways of theft of precious metals in the Armed Forces of the Russian Federation.
Key words: forensic characterization, theft of precious metals, methods of theft of precious metals.

9. About some problematic issues of improvement of legislation on the organization of military courts of the Russian Federation and the ways of their solution at the present stage of development of the state.
Fateev K.V., Doctor of Law, Professor; Fateev S.K., student of Russian State University of Justice, pvs1997@mail.ru
The article deals with problematic issues which are connected with organization of military courts and ways to solve them at the present stage of development of the state: availability of protection of the rights of servicemen in courts-martial; ensuring safe working conditions; the problem of punishment to servicemen and the problem of training for military court.
Key words: military court, serviceman, territorial jurisdiction, safe working conditions, personnel training (training).

10. The role of the Supreme Court of the Russian Federation in the fight against terrorism and extremism.
Zatelepin O.K., doctor of legal Sciences, Professor, judge of the Supreme Court of the Russian Federation, Professor of the criminal law Department of the Military University of the Ministry of defense of the Russian Federation, pvs1997@mail.ru
In this the article deals with the activities of the Supreme Court of the Russian Federation in the fight against terrorism and extremism. When it is noted that such activity is undertaken on the basis of the principles and standards developed by international organizations (UN, SCO).
Key words: Supreme court of the Russian Federation, the fight against terrorism and extremism.

11. Right judges of the military court at work: the institutional status and problems of implementation.
Aulov V.K., candidate of legal Sciences, associate Professor of the chair of the Baikal state University of Economics and law; Bystrov P.G., judge of the district military court in the resignation of; Tuganov YU.N., doctor of legal Sciences, associate Professor, a retired judge; pvs1997@mail.ru
The article discusses the problems of implementing a judge of the military court in retirement, the constitutional right to work. The authors consider the possibility of solving the problem - the filing of a complaint to the constitutional Court of the Russian Federation.
Key words: right to work, the judicial system, judges.

12. Rules of tobacco smoking in places of residence, temporary residence and location military personnel.
Vorobyev E.G., the candidate of jurisprudence, the senior lecturer, the colonel of justice, Vorobyov-e-g@rambler.ru
Based on the law combating tobacco consumption soldiers at their place of residence, residence and finding fits into the legal system of measures to strengthen the military law and order, improve the quality and effectiveness of military service, the protection of life and health of citizens in uniform. At the same time, some of the anti-Smoking rules too strict, not taking into account many military and legal realities, and therefore require additional legal correction.
Key words: The law against Smoking. Rights and duties of military personnel.Rules area.Bans on Smoking.Liability of military personnel.Approval of prohibitions and restrictions with the realities of military service.

13. Military Service as a cause of migration flows from the near abroad.
Ulyanov M.V., Researcher, Research Institute of the Academy of General Prosecutor's Office of the Russian Federation.
The article is devoted to this aspect of the relationship between migration flow sand extremist crime, as a characteristic of the individual victims. In particular, argues that one of the causes of migration flow sin the Russian Federation is the intention of military age to avoid military service in the country of origin.
Key words: extremism and extremist activity, migration, conflict potential, and military service.