THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. To the issue of special administrative-legal means of counteraction of corruption in the Armed Forces of the Russian Federation.
I.A. Baghdasaryan, candidate of legal Sciences, head of Department of military law Military University.
In the article the special administrative-legal means of counteraction of corruption in the field of movements of military personnel on military service: the competitive order of replacement of individual military posts; the formation of a personnel reserve and work with it; the application in practice of the military personnel policies of the Institute guarantee. The assessment of corruption risks in the sphere of movements of military personnel in military service, their level of prevalence in this area, the establishment of causes and conditions, motives for the reproduction of corrupt relations helps to identify gaps in the legislative regulation of combating corruption, the problems arising in the practice of their implementation, and shortcomings in organizational, resource, ideological support for this activities and thus the development of measures adequate to the existing opportunities and needs of the military organization of the state.
Key words: corruption, competition procedures for filling military positions, personnel reserve, personal guarantee, anti-corruption.
2. Features security troops of the national guard of the legal regime of use and protection of separate natural resources.
V.M.Shenshin, Lecturer in constitutional and administrative law of the faculty (team) Saint-Petersburg military Institute of national guard troops of the Russian Federation, candidate of law.N., e-mail: vitya-shen@mail.ru
Drawing society's attention to issues of environmental development of Russia, preservation of biological diversity and ensure environmental security becomes relevant. Questions of land use depending on the specific natural resources by military units of national guard troops of the Russian Federation (legal entities) require some explanation.
Key words: military unit, the troops of the national guard, environmental management, environmental safety.
3. Topical issues of legal regulation of the organization the submission of military personnel information about the location of publicly available information in information - telecommunication network «Internet».
Tuganov Y. N., honoured lawyer of the Russian Federation, doctor of legal Sciences, associate Professor, chief researcher of the Russian University of justice yurij-tuganov@yandex.ru;
Zhuravlev S. I., candidate of legal Sciences, associate Professor, associate Professor, Institute of management and strategic development of the organizations of the Moscow technical University (MIREA)
This article focuses on the changes and additions to the legislation of the Russian Federation related to the introduction of a military function to provide to the authorized body information placed in the Internet in the public domain.
Key words: the Rights and duties of military personnel, restrictions of the rights of servicemen on the free placement of information, personal and otherwise closed for public access data.
4. The level of social protection of citizens employed from the military service, in the modern conditions of reforming military legislation.
Danichev N. V. Candidate of Pedagogical Sciences, Professor of the Chair of Constitutional and Administrative Law of the Novosibirsk Military Institute of the Russian National Guard
Lomakina I.G. Candidate of Law, Associate Professor of the Chair of Constitutional and Administrative Law of the Novosibirsk Military Institute of the Russian National Guard
Social security and protection of servicemen is significantly different from the social security of ordinary citizens of the country, which is due to the special importance and complexity of the military personnel. But is there that impressive list of guarantees, including special benefits, additional benefits and compensations, when a serviceman leaves the service for various reasons. Analysis of scientific and educational literature, judicial practice allows us to conclude that there are a number of theoretical and practical problems. The article gives a comparative analysis of the volume of social guarantees that are reputed to the serviceman and the person discharged from service, as well as to members of their families.
Кey words: compensation, benefits, payments, persons discharged from military service, veterans of military operations. agreement, rent, lifelong rent, the lifelong content with the maintenance.
5. Use and use as constituents of proprietary and contractual rights in respect of immovable property of the military institution.
Eremeev V.Y., consultant of the military unit 55002, info5928@gmail.com
The article concerns issues of correlation and interpretation of the concepts of use and enjoyment in relation to the powers in respect of property held by a military organization at a certain proprietary right or contract.
Key words: military establishments, real estate, use, use, property law, contract law.
6. Protection of the rights and interests of family members by the institution of alimony obligations: analysis of the legal positions of the Constitutional Court of the Russian Federation.
Ityasheva I.A. Head teacher of the Civil Law and Labor Law Chair, Surgut State University (Surgut)
Strazhevich Yu.N. Candidate of juridical sciences, assistant professor, assistant professor of the Civil Law and Labor Law Chair, Surgut State University (Surgut)
Slepko G.E. Candidate of philological sciences, associated professor, assistant professor of Civil Law Chair, Military University of the Defense Ministry of the RF (Moscow), geslepko@rambler.ru
The article deals with the legal regulation of alimony obligations, including those involving military personnel, taking into account the legal positions of the Constitutional Court of the Russian Federation and corresponding gaps in family and military legislation.
Key words: alimentation, alimony, serviceman, monetary allowance, clothing allowance need, income.
7. Housing provision for servicemen: concept, forms, guarantees.
Koryakin V.M., Doctor of Law, Associate Professor, Professor of the Military University; Kudashkin A.V., Doctor of Law, Professor
In the article of the theory and practice of legal regulation, the concept, forms and guarantees for the provision of housing for the servicemen are considered.
Key words: servicemen, housing provision, guarantees.
8. About the organisation of passage of alternative civil service in the modern conditions: a brief review of the resolution of the Government of the Russian Federation of July 4, 2017 No. 789.
Tuganov Y. N., honoured lawyer of the Russian Federation, doctor of legal Sciences, associate Professor, chief researcher of the Russian University of justice yurij-tuganov@yandex.ru;
Zhuravlev S. I., candidate of legal Sciences, associate Professor, associate Professor, Institute of management and strategic development of the organizations of the Moscow technical University (MIREA)
This article focuses on changes and amends to the Provision on alternative civil service, associated with the change the time of passage of such service and activities of the employer, in which the citizen passes alternative civil service, associated with the prosecution of the persons evading from passage of alternative civil service.
who is a citizen of alternative civil service connected with the prosecution of the persons evading from passage of alternative civil service.
Key words: Labor activity, alternative civil service, the passage of alternative civil service.
9. The main violations of the procedure of bringing to administrative liability of officials of organizations for failing to disclose information about employees to the military department.
Sokolov Y.O., lawer, Rostov-on-Don, 89094322465, Akvilon180028@yandex.ru
Officials of the organizations under current law are required to report to the military department information on employment (study) and dismissal (expul-sion) of citizens who are subject to military registration. It is necessary for fast search and to inform citizens, if they will call up for military service, including at the announcement of mobilization. For failure to fulfill this requirement of the law prescribes liability under part 3 of article 21.4 of the Code of the Russian Federation about administrative offences. But employees of the military depart-ment allow systematic violations of the law when considering these cases. In this article we consider their nature and consequences.
Keywords: military department, military registration in organizations, mili-tary obligation, conscription, administrative offence, administrative responsibil-ity of officials, violation of procedural requirements, appeal, protocol, resolution.
10. The removal of organs or tissues from persons deprived of freedom in the conditions of armed conflict as a form of cruel treatment of prisoners of war (Art. 356 of the Criminal Code of the Russian Federation).
Dorogin D.A., Nozhenko M.O.
In this article the problems of qualification of lifetime and postmortem removal of organs or tissues from persons deprived of freedom in the conditions of armed conflict are considered. Taking into account the requirements of international and Russian criminal law, as well as the practice of international judicial bodies the authors conclude that this act must be regarded as a form of cruel treatment of prisoners of war prohibited by Art. 356 of the Criminal Code of the Russian Federation. The article also substantiates the need to improve Russian criminal legislation.
Key words: human organs and tissues; removal of human organs and tissues; armed conflict; a person deprived of liberty; prisoners of war; international humanitarian law; cruel treatment.
11. Commentary to the Federal Law of July 18, 2017 No. 170-FZ "On Amending Article 5 of the Federal Law "On the Material Responsibility of Servicemen".
Eermolovich Ya.N. The PhD in Law, Lecturer of the Military University
The article comments on the Federal Law of July 18, 2017 No. 170-FZ “On Amending Article 5 of the Federal Law" On the Material Responsibility of Servicemen”, the author gives a legal and scientific assessment of the adopted law, identifies the problems of the current legislation, suggests their ways solutions.
Key words: criminal liability, material liability, servicemen, criminal law, military law.
12. The Concept of «Military Object» in Russian Law: Issues of Terminological Certainty.
SokolovaE.,Senior Lecturer of the Civil Law Department of the Military University, Sokolova2010E@yandex.ru
The article raises the issue of the legislative consolidation of the concept of the "military object" in the Russian Federation.
Key words: military object, the object of military infrastructure, causing harm.
13. The military forgot to include in the system the provision of public services in the implementation of their social rights.
E.A. Gluкhov, senior lecturer of the St. Petersburg Military Institute of the National Guard troops, lieutenant colonel of justice, candidate of legal sciences
In the article questions of application of the legislation on state services by servicemen and citizens, dismissed from military service are considered. The author comes to the conclusion that military organizations have been eliminated from this sphere of relations on the issue of realizing social guarantees for personnel.
Key words: state services, service state, servicemen, bureaucracy, discrimination, social rights, applicants' requests, military control bodies.
14. Problems of military clergy activity in military legislation and ways to solve them (questions of perfection of legal work).
Ovcharov O.A., сandidate of Law, chair of the military administration, the administrative and financial rights of the Military University of the Ministry of Defense of the Russian Federation, o.oleg.1968@mail.ru
The article briefly examined and analyzed some problems of improving legal work in the field of state and church relations when commanders and military clergy implemented their powers in the religious sphere and suggested possible ways to solve them.
Key words: legal work, military personnel the right to freedom of religion, the military clergy, religious associations.
15. Legal culture of the military service as a factor of counteraction in the conditions of globalization of the conflictogenic potential of islam.
Ivaneev S. V. candidate of legal Sciences, associate Professor of constitutional and international law at the University «SYNERGY» (Moscow), President of the nonprofit organization «Association of citizens of the XXI centu ry for the development of secularism and humanism», sivaneev@yandex.ru
In conditions when many ideologists of the unity of the Islamic world are trying to turn the Muslim communities living in the territory of non-Islamic states into an instrument of Islamization of secular societies, the importance of technologies for the multifaceted integration of members of Islamic communities into the life of secularized states, where the formation of legal culture among Military personnel is a factor in countering the manifestation of the conflict potential of Islam in the context of globalization.
Key words: Islam, legal culture, cult, freedom of conscience, secularity, religion.