THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6


ISSUE CONTENTS:

1. Differentiation of powers of commanders (chiefs) and the military police in ensuring law and order and military discipline.
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
Оn the basis of comparative legal analysis of the norms of military regulations of the Armed Forces and of the Charter of the military police of the Armed Forces deals with the powers of commanders (chiefs) of military units and the military police law and order and military discipline in the Armed Forces, implemented the separation of these powers.
Key words: rule of law; military discipline; legality; unity of command; military police.

2. A conflict of interest in military service: the nature and qualification problems.
Baranenkov V.V., doctor of law, Professor, pvs1997@mail.ru
The article is devoted to the conflict of interests in the military service in the system of measures on prevention of corruption in the military unit, its nature, characteristics, qualification problems.
Key words: conflict of interest in military service, prevention of corruption, military service, signs of conflict of interests, qualification problems.

3. Administrative and jurisdictional activity of the military police: the analysis of regulations.
Tuganov Y.N., The doctor of jurisprudence, associate Professor, pvs1997@mail.ru
In the article the author analyzes the Statute of the military police and its tasks. Examines the role and place of the military police in the Armed Forces of the Russian Federation. Analyzes the objectives, powers and functions of certain officials.
Key words: military discipline, military personnel, military police.

4. Interaction of internal troops of the MIA of Russia with the military police of the Armed Forces when performing tasks for the protection of public order.
Kalinin S.I., Lieutenant Colonel, assistant Professor of the Military University, pvs1997@mail.ru
Тhe article describes the main directions of interaction of the internal troops of the MIA of Russia with the military police of the Armed Forces in solving joint tasks for the protection of public order and public security, shows the form of this interaction, formulated some problems of legal regulation of this activity.
Key words: internal forces; military police; law enforcement; law and order; public safety.

5. The legal procedure for establishing the amount of compensation to military personnel, who do not have residential premises, expenses for his rent (sublet): for military a simple, for civil а primitive.
Vorobev E.G., the candidate of jurisprudence, the senior lecturer; Pechenev I.V., law professor, candidate scientific degree of candidate of legal sciences, lieutenant colonel, Vorobyov-e-g@rambler.ru
A comparison of the two legal institutions similar in purpose but different in mechanism of regulation of the amount of monetary reimbursement for the lease (sublease) of residential accommodation for civil servants and military personnel. On a new place of military service, they usually do not have premises for permanent residence, however, military and civilian are paid very different amounts of money. This allows to make a conclusion about excessive legal-technical simplicity (primitivism) of the order established for the military, compared with the procedure established for Federal civil servants.
Key words: Military personnel. State civil servants. Housing. Compensation for rental housing. A compensation mechanism. The amount of compensation.

6. On some issues related to the election servicemen permanent residence after discharge from military service, settlements different from the last place military service.
E. N. Trofimov, lawyer specialized law firm number 65 Sverdlovsk Regional Bar Association, Lieutenant Colonel of Justice in stock), trofimovevgeni@mail.ru
Based on the legal analysis of the current legislation in the article the author's view on the solution of the question: what period of time in the procedure of dismissal from military service should be referred to the moment when a soldier may wish to be provided with living accommodation or housing subsidies for the implementation of housing rights of the chosen constant place of residence?
Key words: military service, military, soldier status, place of military service, living room, leaving the military, favorite place of residence.

7. Administrative proceedings: a brief analysis of innovations taking into account the rights of servicemen.
Tuganov Y. N., doctor of legal Sciences, associate Professor, pvs1997@mail.ru
Publication analyzed some of the provisions of the administrative procedure Code. The main focus is made on the specifics of cases involving military personnel.
Key words: judicial system, administrative proceedings, the rights of servicemen.

8. Some legal questions of competition between such constitutional values as national defense and security of the state (public interest) and the right to work, right to education, the right to social security (private interest).
Efremov A.V. head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article discusses the problems associated with the use of provisions of the Constitution of the Russian Federation in various courts and problems of efficiency of the mechanism of direct implementation of constitutional norms, and also addresses conflicts of interest, to prejudge the actual competition constitutional values.
Key words: normative control, the Constitution, by-law, social security, conflict, value, use, direct action, the courts, the judge, legislator, justice.

9. Rule of law by the military prosecutor in the housing sector.
Vorontsov А.А., Senior Counselor of Justice, a senior fellow at the department of prosecutorial supervision and strengthening the rule of law in the economic sphere Scientific Research Institute of the Academy of the Prosecutor General of the Russian Federation; Subanova N.V., Senior Counsellor of Justice. Deputy Director of the Research Institute of the Academy of the Prosecutor General of the Russian Federation, Doctor of Law, 9991888@mail.ru.
This article analyzes the participation of the military prosecutor in the prosecution of cases of economic crimes. Discusses gaps in legislation in this area and ways to overcome them. This article was prepared with the information support ATP "Consultant"
Key words: supervision, prosecution, the military prosecutor, criminal justice, crime, the economy.

10. Principle of ensuring security of supply of products for state needs in the fields of national defense and state security.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
In article the content of the principle of ensuring security of supply of products for state needs in the fields of national defense and state security is revealed. The author highlights current issues of the expression of this principle in the legislation of the Russian Federation on the contract system in government procurement and on defense and security procurement.
Key words: government procurement; defense and security procurement; defense contract; sensitive contract.

11. The mechanism of reduction of the size of monetary compensation for sub-lease of housing to the actual costs of military personnel for hire of residential premises.
V.M. Koprov, Lecturer of the Department of Automation and computing facilities of the branch Military Space Academy A.F. Mozhaiskogo (Yaroslavl), major, Ph.D. in Economics, pvs1997@mail.ru
In the article are planned for implementation in the Ministry of defence of the Russian Federation, the mechanism of reduction of the size of monetary compensation for sub-lease of housing to the actual costs of military personnel for hire of residential premises.
Key words: rent of premises, monetary compensation for sub-lease of housing, the real income of military personnel, the actual costs for hire of residential premises.

12. Financial provision for public services military educational institutions of higher education.
K.B. Belovitsky, competitor Military University, pvs1997@mail.ru
In article the author characterized innovations in financial security of activity of the military educational organizations of the higher education, the procedure of payments of a subsidy for performance of the state task is considered, features of definition of standard costs on rendering the state services by the military educational organizations of the higher education are analysed.
Key words: Military educational organizations of the higher education; state services; state task; subsidy; standard costs.

13. Organization of project financing integrated structures military-industrial complex.
S.E. Zakutnev, professor of management of the economy of production and Remon-ta weapons and equipment of the Military University, Doctor of Economics, Professor, pvs1997@mail.ru
In article the author considered the modified scheme of a project financing of the integrated structures of the defense industry complex based on multitool approach to financing of projects and meaning active participation of the state institutes; use of insurance and guarantees; application of the trust scheme of traffic control of cash flows, «a parallel cash flow», instruments of mezzanine financing, real options.
Key words: defense industry complex; the integrated structures; project financing.

14. Analysis of the financial and economic support manning the Armed Forces of the Russian Federation undergoing military service under the contract.
V.P. Horev, head of the Department of Economic Theory and the war economy of the Military University, Doctor of Economics, Professor; O.E. Goreva, associate professor, senior assistant to the head of educational and methodical Department of Military University, Major, Ph.D., pvs1997@mail.ru
President of the Russian Federation in 2013, has had an important task for the phased increase in the number of soldiers performing military service under contract as enlisted men and warrant officers, in this paper, the dynamics and the analysis of measures aimed at solving this task.
Key words: State, Ministry of Defence of the Russian Federation, budget, reform, planning, system acquisition, Armed Forces.

15. Features pensions of those performing military service members and their families in the Kyrgyz Republic.
R.K. Tynaliev, an associate of the Military University, pvs1997@mail.ru
In article the author characterized standard and legal regulation of provision of pensions of the military personnel and members of their families in the Kyrgyz Republic, the conditions defining the right for different types of pensions and their sizes are analysed, measures for increase of pensions of the military personnel and members of their families in the conditions of growth of cost of life are defined.
Key words: Provision of pensions; Armed Forces of the Kyrgyz Republic; long-service pension; disability pension; pension on the occasion of loss of the supporter; indexation.

16. Offers on introduction of clear and transparent system appointments to pedagogical positions and positions of scientists in the military organizations.
Glukhov E.A., teacher of the St. Petersburg military of institute of internal troops of the Ministry of Internal Affairs of Russia, lieutenant colonel of justice, candidate of jurisprudence; Sivak Alexander Nikolaevich, the deputy chief of the St. Petersburg military of institute of internal troops of the Ministry of Internal Affairs of Russia on scientific work – the chief of research and publishing department, the colonel, the doctor of pedagogical sciences pvs1997@mail.ru
In article the existing order of appointment to faculty positions in the military organizations is considered. The conclusion about a korruptsiogennost of the existing order of appointment to the specified positions in view of absence of criteria by which it is necessary to estimate candidates is drawn, offers on introduction of such criteria are entered.
Key words: military scientists, appointment to military positions, competitive replacement of positions, requirements to teachers, discretion of the commander (chief), military educational institutions.

17. Scientific employees and researchers: the problem of terminology.
D.E. Zaykov, head of the legal service of the FAA "25 Chemmotology Research Institute of the Russian Defense Ministry", PhD, pvs1997@mail.ru
This paper considers the problem of determining the categories of employees of scientific organizations under the Ministry of Defense of the Russian Federation, entitled to receive payments in accordance with the Presidential Decree number 597 in 2012, as well as possible solutions.
Key words: scientists, researchers, the average monthly wage.