THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11
ISSUE CONTENTS:
1. Problems of improvement of legal regulation of counteraction corruption in the Armed Forces of the Russian Federation
D. E. Zaykov, PhD, pvsvpo@mail.ru The article examines the issues of improving the legal regulation of anti-corruption in the normative legal acts of the Ministry of Defense of the Russian Federation. Key words: counteraction to corruption, workers, organizations, order.
2. News of legal regulation of liability of soldiers for the damage.
Е.А. Kapitonova, PhD (candidate of juridical sciences), associate professor at the criminal law chair of the law department of Penza State University, e-kapitonova@yandex.ru The article examines the new provisions of the law concerning the liability of military personnel for the damage that were adopted in July 2017. Particular attention is paid to the conditions and procedure for bringing to account the full extent of the damage. There are contradictions in the norms of the law, concrete proposals are being formulated to improve the legal regulation in this area. Key words: soldiers, the legal status of military personnel, military liability, damages military units, full liability.
3. To dismiss or not to dismiss?
Zhabrovskiy R.A., legal adviser of the military unit, major, rzhabrovskiy@mail.ru . In this article the author analyzes propositions of Russian law about military service by female soldiers during the mobilization. Key words: military service; mobilization; female soldier.
4. Some of the issues the material responsibility of a commander for the illegal order of dismissal of the military man (worker).
N.S. Kirichenko, major of justice, officer of national guard troops of Russia, nikolay_kirich@mail.ru The problematic issues of recruiting servicemen to material responsibility in the event of the cancellation of the order of the head of the military command authority on the dismissal of a serviceman subordinate to him from military service (dismissal of a person of civilian personnel) are considered. Key words: serviceman, dismissal from military service, material responsibility.
5. Innovations in the legal regulation of the material liability of servicemen (commentary to the Federal law of July 18, 2017 N 170-FZ "On amendments to article 5 of the Federal law "About a liability of military personnel").
I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation, irina.bagdasarian@yandex.ru Abstract: the article discusses changes in the legal regulation of full material liability in connection with the Decision of the constitutional Court of the Russian Federation dated November 8, 2016 No. 22-P, the base of the onset of full material liability of servicemen. Key words: material liability of servicemen, the base of the onset of full material responsibility of the military personnel, the presumption of innocence.
6. About the novel legislation on military pay (commentary to the Federal law of July 18, 2017 N 174-FZ "On amendments to article 3 of the Federal law "On military pay and provide them with separate payments".
I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation, irina.bagdasarian@yandex.ru Тhe article discusses changes in the legal regulation of lump-sum payments to servicemen. Key words: military pay, lump-sum cash payment.
7. The crime of soldiers in a combat situation.
Ivanov A.L., head of Department of criminal law and criminology FGCO IN the «Academy of the Investigative Committee of the Russian Federation», candidate of legal Sciences, associate Professor, pvsvpo@mail.ru. The peculiarities of crime in wartime and in a combat situation, which are associated with a significant impact on all social processes, including criminal. Key words: military, crime fighting situation.
8. Provision of servicemen and citizens discharged from military service, premises under the contract of social hiring and to the property free of charge.
Koryakin V.M., Doctor of Law, Associate Professor, Professor of the Military University; Kudashkin A.V., Doctor of Law, Professor, pvsvpo@mail.ru. The article describes the procedure of providing servicemen and citizens discharged from military service, premises under the contract of social hiring and to the property free of charge. Key words: military personnel, premises, social hire, provision of property for free.
9. On the use of maternity capital for the purchase by military personnel of a dwelling in the framework of a military mortgage (commentary to the Resolution of the Government of the Russian Federation of May 25, 2017 No. 627 "On Amendments to Certain Acts of the Government of the Russian Federation on the Issues of the Accumulative and Mortgage System of Housing for Servicemen").
Manannikov D.Y., сandidate of Legal Sciences, pvsvpo@mail.ru. The article discusses topical issues of using maternal (family) capital by servicemen participating in the accumulative mortgage system when purchasing residential premises using the means of a targeted housing loan. Key words: maternity capital, military mortgage, serviceman, target housing loan.
10. About the most correct term of subjects of business, which renders military, security and similar services.
A.I. Alekseev, 3rd year student of the faculty of law of Ryazan State University named for S. Yesenin, mrparabellum@yandex.ru. This article considers general positions of researchers to the most correct term of subjects of business, which renders military, security and other similar services, analysis of the most popular word constructions, which are included in the most popular terms in this moment. Also this article considers recommendations for the most correct using of terms of subjects of business, which renders military, security and other similar services in narrow and broad meaning for definition of legislate status of these subjects by transforming of existed law of Russian Federation, and the most correct using in science literature. Key words: private military companies, private military and security companies, terminology, private military firms, private military and security organizations.
11. To the question of legal regulation of the activities of security agencies on the territory of a foreign state (for example, the organization of military-medical commissions).
N.V. Kichigin researcher, Centre for legal studies. The paper considers the peculiarities of the activities of security agencies on the territory of a foreign state through the directions of medical maintenance. Also issues of cooperation between the authorities of a foreign state with the security agencies in the places of their dislocation (Armenia, Abkhazia, South Ossetia). The article analyzes the court practice on administrative cases in the subject. Key words: border authorities, military-medical Commission, an international Treaty (agreement).
12. Limitations on employment of citizens, not passing military service on an appeal.
V. M. Koryakin, doctor of legal Sciences, associate Professor, Professor of the Military University, pvsvpo@mail.ru Аrticle represents the scientific-practical commentary to the Federal law of July 26, 2017 No. 192, which set a 10-year ban on state and municipal service to persons passed military service on an appeal without good reason. Key words: military service; governmental employment; evasion of military service.
13. Deprivation of the right to alternative civil service because of a change of residence: how to appeal?
Y.O. Sokolov, lawer, Rostov-on-Don, Akvilon180028@yandex.ru. The article considers the problem of repeated filing an application to replace military conscription with alternative civil service in the case when a citizen changed his place of residence. This circumstance may lead to the illegal refusal of the draft board in recognition of the constitutional right of the citizen to alternative civil service. The author analyzes provisions of the law which can be use to defend this right in court. Key words: alternative civil service, draft board, military department, the change of residence, violation of the procedure of taking decision, term of filing the application, beliefs, creed, appeal.
14. Influence of decisions of the European Court of Human Rights on interpretation of legal standards by supervisory authority.
L.P. Rybka Associate Professor, Department of History and International Relations, Central Russian Institute of Management, branch of the Russian Presidential Academy of National Economy and Public Administration, Candidate of Sciences (Law). The analysis of the statutory legal acts allowed to reveal why some personnel bodies and supervisory authority break legislation, which resulted in the reasonable conclusion as for the necessity to interpret legal standards in accordance with the decisions of the European Court of Human Rights. Key words: the European Court of Human Rights, supervisory authority, interpretation of legal standards, worthy serviceman, formal reply, conflict of interest, measures to prevent corruption.
15. On some problems of the military-ecclesiastical law-making in the activities of chaplains (questions of perfection of legal work).
O.A. Ovcharov, 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 describes and analyzes some problems of improvement of legal work in the area of Church-state relations in the implementation of the commanders of the military clergy and their authority in the religious sphere and possible ways of their solution. Key words: legal work, military personnel the right to freedom of religion, the military clergy, military service.