THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1
ISSUE CONTENTS:
1. The anticorruption – 2016: the priority is to strengthen control over the compliance with anti-bribery prohibitions, restrictions, and performance of additional responsibilities of anti-corruption character.
V. M. Koryakin, Doctor of Law, Associate Professor, Professor of the Military University, deputy director of the Law Institute of VPO “Moscow State University of Posts Emperor Nicholas II», Korjakinmiit@rambler.ru The article analyzes the main measures taken to improve anticorruption legislation and its implementation in the country and in the Armed Forces of the Russian Federation in 2016. Key words: corruption; anti-corruption; restrictions and limitations associated with military service; conflict of interests.
2. Federal service of national guard troops of the Russian Federation: legal framework legal status.
Kirichenko N.C. Captain of Justice, senior officer of separation of judicial protection and contractual and legal claims work department work of the North Caucasus District troops Russian National Guard. nikolay_kirich@mail.ru In 2016, Russia had established new law enforcement agencies – the Federal service of national guard troops of the Russian Federation. This paper presents a brief overview of the legal framework for the activities of the Agency. Key words: soldier, military service, military unit of the Russian guard, Department.
3. The interaction of the military police of the Armed Forces of theRussian Federation and the Federal service of national guard troopsof the Russian Federation when performing tasks in the field of safetyof road traffic.
Mintages S. A., A., lieutenant, associate chair of the military administration, the administrative and financial rights of the Military University, stas21965@mail.ru This article presents organization forms and legal bases of interaction of the bodies of military police of Armed Forces of the Russian Federation and the Federal service of national guard troops of the Russian Federation in performing their tasks to ensure road safety. Key words: military police of the Armed Forces of the Russian Federation; national guard troops of the Russian Federation; interaction; social, military automobile inspection; road safety.
4. Novelties of the law «About bases of system of prevention of offenses in the Russian Federation»: questions of the theory of the prevention of military offences.
Chief Scientific Officer Russian State University of justice, professor of the Russian Customs Academy, Doctor of Law, Professor, Honored Lawyer of the Russian Federation. yurijtuganov@ yandex.ru; Aulov V. K., Professor, Baikal state University of Economics and law, candidate of legal Sciences. The article discusses the prevention of misconduct of the military personnel, subject to the requirements of the Federal law “About bases of system of prevention of offences in the Russian Federation”. Key words: prevention, military men, a disciplinary offence, educational work.
5. Actual problems of establishment of the legal connection of a child and a father - the military.
Slepko G.E., PhD (Candidate of philological sciences), assistant professor, Chair of Civil Law, Military University of the Defense Ministry of the RF (Moscow), geslepko@rambler.ru The article deals with the actual and practice significant themes of the legal regulation both of the ascertainment of the legal connection between a child and a father and problems of the protection of parental rights of the military serviceman. Key words: marriage, family, parent, child, affiliation, the military, legal regulation, presumption, the Family code of the Russian Federation.
6. Law on accumulative mortgage system requires perfection.
Shenshin V.M., Lecturer in Constitutional and Administrative Law, Faculty of (command) of the St. Petersburg Institute of Military Forces of the Russian Federation National Guard, PhD, e-mail: vityashen@ mail.ru; Shnyrov A.E., 3 Associate postgraduate course time and correspondence courses) Faculty training of highly qualified personnel and additional professional education of the St. Petersburg Institute of Military Forces of the Russian Federation National Guard, e-mail: shnirovae@yandex.ru Before the participant savings and mortgage system there is a range of problems, one of which at the time of completion of repayment of the loan is the debt to an authorised Federal body. Form of analytical accounting contains a set of information contained on the personal savings account provides one element of which is the debt participant savings and mortgage system. Such liability arises as a result of the accumulation of income listed on a personal savings account, which the party has not disposed of after obtaining a Certificate on the right to obtain a target housing loan. Key words: annuitant payment, differential payment, the debt participant savings and mortgage system, personal savings account, property tax deduction, mortgage system, the right to housing, refinancing.
7. About the illegal conscription of citizens who are military service replaced with alternative civilian.
Sokolov Y.O., Senior Assistant Legal pa-bot head of the department of the military commissariat of Rostov region Proletarian and Pervomaisky district of Rostov-on-Don, Akvilon180028@yandex.ru The article considers violations of the constitutional right of citizens to replace military conscription with alternative civil service. We are talking about cases when call-up commissions contrary to their own resolutions about replacement of military service with alternative civil service is sending citizens in the Armed Forces. Key words: alternative civil service, draft board, the call for military service, beliefs, creed, military department.
8. Problems attraction to a disciplinary responsibility of military organizations of workers for violation of anti-corruption legislation.
Zaykov D.E., Candidate of Legal Sciences, Email: pvsvpo@mail.ru The author considers the problem of the relation of labor law and anti-corruption legislation by the example of the involvement of employees of the military organization to disciplinary action for violation of anti-corruption legislation, and makes proposals to eliminate existing contradictions. Key words: workers, military organization, disciplinary responsibility, corruption.
9. Of statistical data on convictions of officers of the Armed Forces from 2000 to 2015.
Eermolovich Y. N., Analysis, doctoral student in criminal law Military University, Candidate of Legal Sciences, Yaroslaverm@mail.ru In this article identified the negative and positive trends in the development of crime and criminal records of officers of the Armed Forces, the prevalence and dynamics of different types of crimes committed by officers of the Armed Forces, conclusions about the causes of some of the identified trends in crime and criminal records of servicemen of the Armed Forces. Key words: criminal liability, servicemen, officers, military criminal legislation, military criminal law.
10. On the issue of criminalization of offenses against the law enforcement service similar of crimes against military service.
Merkur’ev V.V., Head of the department of public prosecutor’s supervision and the rule of law in federal security, international relations and counteraction to extremism, Research Institute of the Russian Academy of General Prosecutor’s Office Doctor of Law, Professor., merkuriev-vui@mail.ru The article considers the problem of crimes committed by law enforcement personnel, reveals contradictions and gaps of existing legislation, proposed ways of improving the current legislation on criminal responsibility for crimes against the law enforcement service. Key words: law enforcement service, servicemen, the military criminal law, crimes against the law enforcement service.
11. Applying by unit commander supervision of unit’s command: problematic issues.
Sazonova I.G., Lecturer of the Department of the Criminal Proceeding Military University of the Russian Federation Ministry of Defense Email: i.g.sazonova@mail.ru In article identified problems facing the unit commander at realisation supervision of unit’s command. On the basis of existing legislation, science literature and law existing enforcement practices, author comes to conclusion about the need correction of order of election and applying supervision of unit’s command also making changes in the existing legislation. Key words: unit commander, agency of inquiry, measure of restriction, supervision of unit’s command, criminal procedural legislation.
12. Some issues on legal regulation of defense procurement for logistical support of the Armed Forces of the Russian Federation.
Svininyh E.A., PhD, Associate Professor, E-mail: pvsvpo@mail.ru In the article the author analyzes the practice of expanding the scope of purchases as a tool of logistics of the Armed Forces of the Russian Federation. In order to mitigate the risk of a reduction of the state defense and security an implementation of the author’s principles of works and services acquisition and selecting of the corresponding legal forms of military logistics in the national legislation is offering. Key words: outsourcing; contracting out; government contract; government procurement; defense procurement and acquisition; defense contract.
13. Initiation of an investigation by the International Criminal Court of war crimes committed in the year 2008 in South Ossetia.
Belyy I.Yu., Professor of the Department of Civil the rights of the Military University, Doctor of Law, Associate Professor, Email: pvsvpo@mail.ru This article discusses the circumstances contributed to the beginning of the investigation by the International Criminal Court of war crimes committed in the year 2008 on the territory of South Ossetia, as well as possible problems of this investigation. Key words: The Rome Statute of the International Criminal Court, war crimes, armed conflict in South Ossetia.
14. Some international legal aspects naval activities of the States. The concept of liability in international Maritime law.
Petrov O. Y., Candidate of Legal Sciences, Email: pvsvpo@mail.ru The article considers the international legal aspects of the implementation of the naval activities of States in the oceans, in areas of high shipping activity, in the presence of a large number of vessels, captains and crews which have different levels of seamanship and international legal training that does not exclude the possibility of different marine accidents and incidents. Considers issues of non-contractual liability for damage from collisions, which provide that the liability of the shipowner comes with a number of conditions, which form together the legal structure of the Key words: international law of the sea, international Convention, a warship, international terrorism, international legal training, responsibility in international law of the sea, accident, ship collision, a causal relationship, the tort, the commander of a warship.
15. The military bureaucracy: will there be someone who will fight?
Glukhov E. A., Senior Lecturer of the St. Petersburg Military Institute of Internal Troops of the MIA of Russia, Lieutenant Colonel of Justice, PhD, E-mail: pvsvpo@mail.ru The article examines the tendency of increasing the number of documents, and distract troops from their duties in everyday activities of military organizations. Thus, it is concluded that waste time on such activities to the detriment of military training. The author believes that the military government is becoming more bureaucratic. The military themselves are unable to resist this trend as much dependent on his leadership, but rather a high level of social protection forces many of them inlet, whirlpoo introduced to any system of government. Key words: military, bureaucracy, a waste of time, unity of command, the dependency of a subordinate commander, the possibility of punishment for ordinary things and misdeeds of subordinates, loyalty, investigation of injuries, personal plans.
16. On the problem of implementation of the commander of the powers in the field of religious relations (questions of perfection of legal work).
Ovcharov O.A., PhD, chair of the military administration, the administrative and financial rights of the Military University of the Russian Ministry of Defense, E-mail: pvsvpo@mail.ru The article briefly reviewed and analyzed some problems of perfection of legal work in the field of church-state relations in the implementation of the commanders of their powers in the sphere of religion and suggests possible solutions. Key words: legal work, military personnel the right to freedom of religion, the military clergy, religious associations.