THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9

ISSUE CONTENTS:

1. The Statute of the military police and its application to members of other troops, military formations and bodies.
Tuganov J.N., Honoured lawyer of the RF, doctor of legal Sciences, associate Professor, pvs1997@mail.ru
In the article the author analyzes the provisions of the Charter of the military police governing its use to members of other troops, military formations and bodies. Examines the role and place of the military police in the Armed Forces of the Russian Federation. Analyzes powers and functions of certain officers of the military police in relation to members of other troops, military formations and bodies.
Key words: military discipline, military personnel, military police, other troops, military formations and bodies.

2. The command unity principal in the activity of Internal Troops military management bodies (theoretical and legal aspect).
Komissarov A.V., the Head of the Department of the Civil Law of Novosibirsk Military Institute of the Russian Interior Ministry Forces after the General of the Army I. K. Iakovlev, associate professor, liral1969@mail.ru; Minialenko N.N., the Head of the Post-graduate courses (internal and external teaching) of St.Petersburg Military Institute of the Russian Interior Ministry Forces, candidate of the Law Sciences, Professor, the Honorary Person of the Higher Professional Education of the Russian Federation, minialenko@mail.ru
The article deals with the peculiarities of the implementation of the command unity principal in the activity of the Internal Troops military management bodies. The authors of the article substantiated the necessity of subordination principal inclusion into the Russian Federation legislation concerning the Internal Troops activity.
Key words: Internal Troops; command unity principal; subordination.

3. Indexation of military pensions: challenges and prospects.
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
The article analyzes the problems associated with suspension of the operation of legislation providing for an annual adjustment of pay for military service. The changes in the remuneration included in the calculation of military pensions.
Key words: pay; pension; military pensions; inflation; the budget law.

4. The aspects of legal regulation of the teaching staff social safe-guards at the military higher schools.
I.G. Savin, Professor of the department of the humanitarian and science disciplines of the Ryazan Higher Airborne Command School named after General of the Army V.F. Margelov, candidate of science of law, docent, pvs1997@mail.ru
The article deals with the notion of “social safe-guards”, peculiarities of the social safe-guards realization, which are formed to the teaching staff, holding civilian posts. The legal documents are analyzed and the changes in regulation of the labour rights and the social safe-guards for this category on account of taking new Law of education are elicited.
Key words: social safe-guards, Law of education, social safe-guards of the teaching staff, military educational organizations of the Russia Ministry of Defence higher schools.

5. On some issues arising in implementing the right to receive cash funds additional savings for housing, military men - participants accumulating mortgage system of housing for.
E. N. Trofimov, lawyer specialized law firm number 65 Sverdlovsk Regional Bar Association, Lieutenant Colonel of Justice in stock; N. E. Frunze, consultant offices to implement the savings and mortgage system of housing for military personnel FGKU "Central regional administration of housing," the Ministry of Defense of the Russian Federation, trofimovevgeni@mail.ru
On the basis of a legal analysis of existing housing legislation in the article is the author's view on the solution of the question: how justified the refusal to pay NIS party additional funds due to the fact that his family members are not citizens of the Russian Federation and are not registered in the Russian Federation?
Key words: military service, the military, the Housing Code, the savings and mortgage system housing, a citizen of the Russian Federation, registration at the place of residence or stay.

6. The state housing policy in the Republic of Belarus against members.
V. Berzin, Doctor of Law, berzin1976@mail.ru
The article is devoted to the implementation of state housing policy in the Republic of Belarus in relation to the military.
Key words: state housing policy, government, military, housing for military personnel.

7. The problems of exercising by the military prosecutor its authority in the arbitration proceedings.
Kotov Alexander, senior assistant to the military prosecutor of St. Petersburg garrison, pvs1997@mail.ru
The author in the article highlights the practical issues of the military prosecutor’s participation in the arbitration proceedings and analyzes the most effective methods of judicial protection of state and municipal interests in the sphere of business and economic activity. The author draws attention to the situation when economic disputes interfere with the state’s interests; however, the prosecutor is not entitled to file a lawsuit or send an application in the Arbitration court due to the lack of grounds to join the litigation in process.
Key words: military prosecutor, arbitration process, protection of interests and property, invalidation, vindication claim, negative claim.

8. A brief analysis of the current state of legislation regulating the activities of the military commander to ensure the social and labor rights subordinate civilian personnel.
O.J. Petrov, PhD, pvs1997@mail.ru
The problems of compliance with the labor rights of the civilian personnel of military units and organizations subordinate to the Ministry of Defence of the Russian Federation.
Key words: military unit, civilian personnel, labor and social rights.

9. Comparative analysis of military criminal law The Russian Federation and Ukraine.
Ermolovich 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.

10. Some of the legal issues arising for members of the draft Board when making a conclusion that citizen who have attained 27 years of age has not passed military service, for no legitimate reason.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article discusses the legal issues arising from the members of the draft Board when making a conclusion that citizen who have attained 27 years of age has not passed military service, for no legitimate reason.
Key words: the legality, base, call, exemption, deferral, outstanding conviction, conscript, draft Board, conclusion, decision.

11. Initial (maximum) and sole-sourcing contract prices determination procedure in the field of defense procurement.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The author of the article considers the features of initial (maximum) and sole-sourcing contract prices determination procedure in the field of defense procurement.
Key words: defense procurement and acquisition; government procurement; defense contract; sensitive contract; price formation.

12. Corruptogenic factors in the documentation on public procurement for the needs of military organizations.
S.V. Pascar, legal adviser of the military unit 84841, serg1904@mail.ru
The article discusses corruptogenic factors which can be detected in the documentation on public procurement in the course of anti-corruption expertise of such documentation.
Key words: government procurement, competition, auction, the customer, the documentation of procurement, anti-corruption expertise, corruptogenic factors.

13. Problems of practical application of the measures of civil liability of the parties of the state contract.
V.G. Bogdan, Captain of Justice, pvs1997@mail.ru
Тhe article analyzes the problems arising from the subjects of legal relations in the sphere of procurement of goods, works, services for state and municipal needs in terms of application of measures of civil liability arising from violation of the terms of state contracts. The emphasis is on the analysis of the practice of arbitration courts, the FAS Russia, as well as clarification of the competent authorities.
Key words: measures of civil liability, penalty, fine, state contract, purchases of goods, works, services.

14. On the question of the need for an administrative investigation into the material damage, the presence of this fact excited criminal case.
N.S. Kirichenko, Captain of Justice, the senior officer of the judicial branch to protect and contractual claims work of the Office of Legal Department of the North Caucasian regional command of internal troops of Russia, pvs1997@mail.ru
Article 2 of the Federal Law "On the liability of servicemen" enshrined the concept of "real damage". The questions of compensation for actual damages, for which the commander (chief) of the military unit shall appoint an administrative investigation to determine the causes of the damage, its size and the perpetrators.
Key words: military unit, damage, administrative investigation.

15. 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.