THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. Some problematic issues in the sphere of legal regulation of production of inquiry, carrying out trial and administrative investigation in the military organizations.
Zorin O.L., PhD of Law, lieutenant- colonel, the assistant of the head of the department of the research center of the Air Force Academy (Voronezh), olozor06@rambler.ru; Bakovich M.N., PhD of Law, docent of the Air Force Academy (Voronezh)
In article features of production of inquiry, carrying out trial and administrative investigation in the military organizations, the legal problems connected with their implementation are considered.
Key words: inquiry, trial, administrative investigation, military police.
2. Prevention of corruption in the military organization of the Russian state: myths and reality (historical-legal, spiritual and moral Foundation for the prevention of corruption in the military organization of the state).
Baranenkova I.V., candidate of legal sciences, pvs1997@mail.ru
Тhe article examines the historical, legal, spiritual and moral Foundation for the prevention of corruption in the military organization of the state, historical aspects of the development of corruption in Russia and abroad, sale of officer's patents in the armies of Europe, the appointment of the officer positions in Russia.
Key words: corruption in the military organization of the state, historical-legal, spiritual and moral foundations of prevention of corruption, enclosure, sale officer of patents, production officer ranks.
3. On some problems related to the lack of legislative recognition "good reason", are the basis for early discharge from military service on the Board the proper choice.
Ivkin S.А., the senior officer group statistical reports and methodical work of the department of legal management of the North Caucasian regional command-foot Russian Interior Troops, Lieutenant Colonel of Justice, pvs1997@mail.ru
The article concerns the problem of the absence of the Federal Law of March 28, 1998 № 53-FZ "On Military Duty and Military Service" fix "good reason", are the basis for early discharge from military service at their own request.
Key words: Federal law, military service, military unit, military, law report, Examination Board, a decision respecting the-tional reasons, dismissal.
4. To the question about the financial responsibility of military personnel transferred to a new place of military service.
Kirichenko N.S., Senior officer of the legal work of the Office of the North Caucasian regional command of internal troops of the Russian Interior Ministry of Justice Captain, pvs1997@mail.ru
The article contains some suggestions for changes in the legislation regulating the procedure of bringing to liability of a soldier transferred to a new place of military service at the time of detection of damage in a military unit.
Key words: soldier, liability transferred to a new duty station, additions to the law "On liability of servicemen", the damage.
5. The right of persons brought to responsibility for corruption offences, to receive legal assistance.
Koryakin, V.M., doctor of legal Sciences, Professor of the Military University, Deputy Director of the Law Institute of Moscow state railway University (MIIT), pvs1997@mail.ru
Тhe features of the realization of the right to receive qualified legal assistance to military personnel called to disciplinary liability for corruption offences. The necessity to formalise this right
Key words: legal aid; corruption offense; Commission on observance of requirements to service behavior and conflict of interests; the certification Commission.
6. The problem of allocating land plots to soldiers: legal aspects.
O.U. Feoktistova, associate Professor of labor law, civil and arbitration process of Military University, PhD in law, feoktistovaou@mail.ru
Тhe article considers the issues of granting land by military personnel on the basis of the entered into force of the new provisions of the Land code of the Russian Federation.
Key words: parcel, the procedure for granting land plots, land ownership, land lease, gratuitous use of land.
7. Questions calculating seniority for a pension soldiers and law enforcement officers occurring in practice.
Efremov A. V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article examines the problems associated with the calculation of seniority for a pension soldiers and law enforcement officers occurring in law enforcement.
Key words: seniority, calculus, soldier, application, office, pensions, military rank, seniority, preferential calculus.
8. Fighting collusion in defence procurement procedures.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The possible variants for improving the Russian legislation on the contract system to increase the efficiency of counteraction to collusion in the market of defense procurement and acquisition are discussed in this article.
Key words: defense procurement and acquisition; government procurement; cartel; anticompetitive agreements; collusion.
9. The methodology of the examination carried out in the military organizations in the public procurement.
S.V. Pascar', the methodology of the expertise carried out in military organizations in public procurement, serg1904@mail.ru
The article describes the organization and carrying out of expertise of the delivered goods, the results of work done, services rendered, as well as individual stages execution of the contract, the tender documentation, applications for participation in the competitions carried out in during the pre-qualification of bidders, evaluation of of conformity by the additional requirements of participants in the competition, held during the procurement for the needs of military organizations.
Key words: methods, expertise of the delivered goods, the results of work done, services rendered, the individual stages execution of the contract, tender documentation, application for participation in the tender, pre-qualification, additional requirements.
10. Perspectives of distinction of competence of head of military unit and military police organs as inquiry organs in Russian Federation Armed Forces.
Sazonova I.G., Lecturer Department of Criminal Procedure of the Military University, pvs1997@mail.ru
Due to extension of list of inquiry organs, in this article the possible variants of distinction of competence of persons with new participant of criminal proceeding — head of organ of military police and head of military unit of Russian Federation Armed Forces are explored.
Key words: military police, commander of the military unit, inquiry, criminal process.
11. Features of the application of the institute of amnesty to servicemen of the Russian Federation.
Eermolovich Y.N., the PhD in Law, doctoral candidate in criminal law of the Military University, Yaroslaverm@mail.ru
The article analyzes the theory and practice of the institution of amnesty for the Soviet and Russian legislation to servicemen. Based on the analysis the author identifies the specifics of the institution of amnesty for servicemen of the Russian Federation.
Key words: criminal liability, militaries, servicemen, soldiers, military criminal law, amnesty.
12. Declarative order in recalculations of military pensions: the judicial detective about legal consequences of illegitimacy of the come true justice.
Vorobev E.G., the candidate of jurisprudence, the senior lecturer, Vorobyov-e-g@rambler.ru
The existing military and pension legislation differentiates legal institutes of revision and recalculation of pensions which often unreasonably mix up. On the example of one pension dispute are shown arisen thereof problems, the idea of creation of the mechanism of recovery of legitimate rights in cases of their obvious violation even if such violations weren't revealed by judicial control is offered.
Key words: Military pensions. Application of coefficient to the sizes of pensions. Revision of pensions. Recalculation of pensions. Protection of the pension rights.
13. Withdrawal of land plots for state needs Russian Federation.
A.V. Kazankov, lawyer, Colonel of Justice stock, pvs1997@mail.ru
The article discusses the powers of the Federal bodies of Executive power in decision-making on withdrawal of land plots for state needs of the Russian Federation, in the light of changes made to the Land code of the Russian Federation.
Key words: withdrawal of land plots, the land code of the Russian Federation.
14. Ways of improving legal regulation of the fundamentals of the application of the requisition in the period of the military situation in Russia.
Shnyakinа T.S., teacher of the Military University, tasha.87@mail.ru
In this article the key issues are identified in the possible application of the requisition in the period of the military situation in Russia. Suggestions are made for the improvement of organizational and legal regulation of the use of the requisition in the period of the military situation in Russia.
Key words: military situation, requisition, military authorities, civil law, military law.
15. To the question of the inconsistency of certain provisions of the Civil code of the Russian Federation Federal constitutional "On martial law".
S.I. Dodomatov, captain of justice, adjunct of the Civil law Department of the Military University, ansor7707@mail.ru
The article is about discrepancy in formulation of subitem 3 item 1 of the article 202
of the Civil Code of the Russian Federation and antiomy of this legislative rule to federal constitutional law of 30 January 2002 № 1 federal constitutional law «Law of the Constable and Marshall». In the article are offered ways of solution of this problem.
Key words: statute of limitations; military personnel; martial law; legislation.
16. On some issues of military procuratorial bodies anti-corruption expertise of legal acts.
Kharitonov S.S., PhD, professor, pvs1997@mail.ru
The problem questions of implementation powers to conduct anti-corruption expertise of legal acts by the military prosecutor's office
Key words: anti-corruption expertise of normative legal acts; military Prosecutor's Office.