THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8

ISSUE CONTENTS:

1. The right to education and the provision of educational vacations.
servicemen undergoing military service under the contract: the practice questions.
Kovtkov D., master of the Graduate School of Public Administration (faculty) of Moscow State University named after M.V. Lomonosov, Dimak1982@yandex.ru
The author examines topical issues of implementation of servicemen undergoing military service under the contract, the right to education and provision in this regard, educational vacations.
Key words: education, training, rights and social guarantees, servicemen, military service, educational vacations.

2. On the question of the timing of involvement of military personnel in liability.
N.S. Kirichenko, senior officer of the department of judicial protection and contractual claims work of the Office of Legal Department of the North Caucasian regional command of internal troops of the Russian Interior Ministry, Captain of Justice, pvs1997@mail.ru
Abstract topical issues of pecuniary damage caused to the state, including the fault of the military.
Key words: soldier, liability, guilt, terms, procedure.

3. Collective forms of protection of the rights of servicemen.
Koryakin, V. M., doctor of legal Sciences, Professor of the Military University, Deputy Director of the Law Institute of Moscow state railway University (MIIT)
Тhe article considers the problems of collective forms of protection of the rights of military personnel in both administrative and judicial procedures. The necessity of a more precise legal regulation of the conditions under which permitted collective treatment of military personnel in the courts and in the bodies of state power and military control
Key words: protection of military servicemen's rights; right to appeal; appeal against unlawful actions; class action.

4. Some issues arising in the implementation of measures of social support provided for the families of fallen soldiers.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article discusses legal issues related to the implementation of measures of social support of families of fallen servicemen arising in legal practice.
Key words: widow, deceased, deceased, pension, monthly payments, military service, parents, legislation, rights, privileges, duties of military service.

5. Topical housing questions of the military personnel which were set by citizens during preparation and carrying out hotline with the President of the Russian Federation.
Vorobev E.G., the candidate of jurisprudence, the senior lecturer, Vorobyov-e-g@rambler.ru
On hotline with the President of the country many addresses, including from the military personnel arrived. There are all bases to believe (and the evidence to it is produced in article) that the considerable mass of addresses belonged to problems of housing providing citizens in shoulder straps and conditions of housing and communal services in places of passing of military service. The revealed clot of the actual, but not resolved issues assumes taking measures to further development of the military and social and housing legislation, improvement of practice of its application in interests of citizens, societies and the states.
Key words: President of the Russian Federation. Hotline with the President. Military personnel. Housing providing.

6. Alienation of land plots in Federal ownership through the sale of their local governments individuals illegally (according to the materials of judicial practice involving military organizations).
A.A. Vyskubin, head of the legal department of FSUE "VNIIFTRI", PhD, Lieutenant Colonel of Justice of stock, pvs1997@mail.ru
In this article the situation of alienation of the land plots being in federal property by sale of the specified land plots by local governments to owners of economic constructions – to individuals is considered, and also it is offered by the author to a solution developed to a situation.
Key words: Land plot, purchase and sale of the land plot, reclamation of the land plot from others illicit possession.

7. The Code of Administrative Procedure of the Russian Federation and administrative and civil cases by military courts.
Voronov A.F., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, pvs1997@mail.ru
The article analyzes the changes in the activities of the military courts to hear civil and administrative cases that will entail the entry into force of the Code of Administrative Procedure of the Russian Federation.
Key words: Administrative proceedings, civil proceedings, proceedings in cases arising from public relations, specialized jurisdiction of civil cases to military courts, protection of the rights and freedoms of military personnel.

8. Current issues of reinstatement in the army (military organizations) of the Armed Forces of the Russian Federation illegally dismissed persons of the civil personnel.
V.I. Kovalev, head of the Department of labour law, civil and arbitration process of the Military University, candidate of legal Sciences, Professor, honored lawyer of the Russian Federation, av14141@mail.ru; T. V. Lomakina, associate Professor of labour law, civil and arbitration process of the Military University, PhD in law.
In the article on the example of prosecutorial and judicial practice considers the issues of reinstatement of persons of the civil personnel illegally dismissed under article 81 (2) (reduction of number or staff of workers) of the Labour code of the Russian Federation.
Key words: civilian personnel of the armed forces, reduction of number or staff of workers, dismissal, reinstatement, the execution of the judgment.

9. Issues of improvement of efficiency of control over the use of budget funds in the draft amendments to the Act on the state defence order.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The article is devoted to analysis of the draft amendments to the Act on the state defence order to tighten control over the use of budgetary means. On the author’s opinion the application of the some draft amendments could lead to problems for defence prime contractors.
Key words: government procurement; defense and security procurement; defense contract; sensitive contract; misapplication of funds.

10. Some results of the implementation of the Concept of the federal system of training citizens of the Russian Federation for military service in the territory of Moscow and Moscow region.
Sogiyaynen A.A., Candidate of Medical Sciences; sogalex@ya.ru
This article analyzes the current state of affairs with the strengthening and preservation of the health of future soldiers in the "Concept of the federal system of training citizens of the Russian Federation for military service until 2020". Summarizing the interim results and analyzes regional regulations on this issue by the example of the Moscow Region and the City of Moscow.
Key words: preparation for military service, fitness for military service, health status of young men.

11. New in order of registration and accounting of business trips in the Armed Forces of the Russian Federation.
D.M.Plotnikov, senior lecturer in management of daily operations troops of the Military University, Ph.D., Lieutenant Colonel; M.A.Danilyuk, Deputy Chief of financial and economic service of the Military University, Ph.D, pvs1997@mail.ru
The paper analyzes the changes in the provision of documentary business trips in 2015 different categories of travelers, as well as the features of the reimbursement of employment hotels and subsistence allowance money.
Key words: business trip, traveling certificate, soldier, civilian staff, employee, federal civil servant, booking and hiring of hotels, per diem, the dollar, accounting and tax accounting.

12. Implementation of investment projects military-industrial complex through the mechanisms Public-Private Partnership.
V.P.Nikolaev, professor of management of the economy of production and repair of weapons and equipment of the Military University, Candidate of Economic Sciences, Professor
In article the author characterized forms of the state support of projects of public-private partnership, situation that within the operating standard legal framework implementation of investment projects in defense industry complex with use of mechanisms of public-private partnership is possible locates.
Key words: public-private partnership; defense industry complex; investment project; project financing.

13. Organizational-methodical aspects of performance of public contracts.
N.V.Kandybko, professor of management of the economy of production and repair of weapons and equipment of the Military University, Doctor of Economics, Professor, pvs1997@mail.ru
With the development of the contract system of procurement of products for state and municipal needs are particularly acute problem improving the performance of public contracts, which causes the necessity of development and implementation in the activities of the Contracting authorities regulations and algorithms for managing the implementation of public contracts. This will improve the quality of performance of contractual obligations due to the timely detection and correction of deviations, leveling, risk, audit and monitoring.
Key words: government contract; state customer; contract service; state defense order; government procurement.

14. Provide energy savings in the military budget sector through the development of the institute of energy service contracts.
S.Y.Janson, CEO of «Trust Gidromontazh», PhD, Associate Professor, pvs1997@mail.ru
In article the author analysed evolution of institute of power service contracts, the directions of development of the market of power services and realization of potential of energy saving in the military budgetary sphere are defined.
Key words: military and budgetary sphere; power service contract; energy saving.

15. Comparative analysis of military criminal law The Russian Federation and Ukraine.
Eermolovich Y.N., The PhD in Law, doctoral candidate in criminal law of the Military University Yaroslaverm@mail.ru
The article analyzes the structure of military criminal legislation of Ukraine, identifies her differences from the Russian military criminal law, including a detailed analysis of the general provisions of the criminal responsibility of the military, the system of penalties applied to the military, as well as a comparative analysis of selected compositions and types of crime against military service. The analysis the author identifies a number of characteristics inherent in the military criminal law of Ukraine, said in a positive and negative side of Ukrainian criminal legislation in comparison with Russia, reveals a number of provisions that could be used in the Russian practice.
Key words: criminal liability, militaries, military and criminal legislation, Ukraine.

16. Psychological and legal aspects of judicial examination upon a suicide of the military personnel.
Bocharov V.V., PhD, Head of clinical laboratory in Bechterev Institute, St. Petersburg; Smirnov V.P., senior lecture, Academy of the Prosecutor General’s Office of the Russian Federation, St. Petersburg Law Institution (branch); Smirnova T.G., senior lecture, St. Petersburg State University, tgsmirnova@inbox.ru
On the basis of 74 opinions of the expert authors open psychological determinants of suicides of the military personnel and feature of production of judicial psychological and psychiatric examination for this category.
Key words: suicide, judicial psychological and psychiatric examination, psychological factors of suicide behavior of the military personnel.

17. Institute of exemption from criminal liability in the military criminal law of Russia.
Sudenko V.E. associate professor of Law Institute of MSURE (MIIT), Candidate of Juridical Sciences, docent, sudenko@ya.ru
Abstract. The article analyzes the institution of exemption from criminal responsibility in connection with active repentance. The concerns of exemption from criminal responsibility, stipulated in the notes of the Special Part of the Criminal Code have been considered in the paper.
Key words: crime; criminal law; criminal responsibility; active repentance; exemption from criminal responsibility; special types of exemption from criminal responsibility.