THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
ISSUE CONTENTS:
1. Disciplinary liability of servicemen for corruption: foreign experience and the possibility of its realization in Russia.
I.V. Baranenkova, candidate of legal Sciences, pvsvpo@mail.ru The article considers foreign experience of the prevention of corruption and the possibility of its implementation in Russia, some of the features of disciplinary liability for corruption offences. Anti-corruption legislation, prevention of corruption, corruption offences, attracting servicemen to disciplinary liability, foreign experience and the possibility of its realization in Russia.
2. Another military rank: peculiar properties assignment in the context of disciplinary liability of servicemen.
S.I. Zhuravlev, candidate of legal Sciences, associate Professor, associate Professor, Institute of management and strategic development of the organizations of the Moscow technical University (MIREA), pvsvpo@mail.ru The article is devoted to legal analysis of the procedure of awarding military ranks to the military and the responsibilities of the commander (chief) not to assign military rank to the expiry of the period of stay of the soldier in the previous military rank. The article describes the features of provision this provision in a separate law enforcement and security services. Key words: military service, military service, military ranks, the order of assignment of military ranks.
3. Failure by the driver of the vehicle the requirement to undergo medical examination for intoxication: features law enforcement.
I.S. Nazarova, Deputy head of the Department of constitutional and administrative law of the faculty (team) Saint–Petersburg military Institute of national guard troops of the Russian Federation, candidate of law.N., associate Professor; 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, pvsvpo@mail.ru In this article the authors examine aspects of the legal regulation of enforcement under article 12.26 of the administrative code. Key words: vehicle driver, a medical examination, intoxication, judicial practice.
4. Provision of servicemen and citizens discharged from military service, premises under the contract to the property free of charge.
V.M. Koryakin, Doctor of Law, Associate Professor, Professor of the Military University. A.V. Kudashkin, 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 to the property free of charge. Key words: military personnel, premises, social hire, provision of property for free.
5. About features of legal regulation of provision of housing for servicemen transferred to the reserve, the legislation of the Russian Federation.
I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru The article considers the peculiarities of legal regulation legislation of the Russian Federation questions of providing with premises of the military men transferred to the reserve, analyzes the enabling legislation for the provision of housing for servicemen transferred to the reserve in the Irkutsk region; assess the compliance of some legal acts of the Irkutsk region, governing the provision of housing for discharged military personnel, Federal law. Key words: provision of accommodation to military personnel, retired, one-time cash payment for the purchase or construction of residential premises, the state housing certificate.
6. The legal regime of the assets acquired during the marriage by participant of the savings and mortgage system of housing provision for servicemen.
E.A. Svininyh, candidate of legal sciences, associate professor of the department of civil law; O.Yu. Svininyh, candidate of legal sciences, pvsvpo@mail.ru This article is devoted to analysis of judicial approaches to defining the legal regime of the assets acquired during the marriage by participant of the savings and mortgage system of housing provision for servicemen. The authors criticize the position of the judicial chambers of the Supreme Court of the Russian Federation about recognition of these assets as a common property of the spouses. Arguments against the criticized approach is presented in this paper. In addition, the authors emphasize the negative consequences of the assignment of the assets acquired during the marriage by participant of the savings and mortgage system of housing provision for servicemen to the common property of the spouses. Key words: serviceman, housing provision, savings and mortgage system of housing provision for servicemen, spouses, matrimonial assets.
7. On the concepts of «nearby settlement» and «place of military service» in the context of housing relations involving military personnel.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru The article analyzes the uncertainty of the concepts of "place of military service" and "nearby settlement" regarding housing relations with the participation of military personnel. Key words: office accommodation, place of military service, nearby settlement, serviceman.
8. Rights to results of intellectual activities of military personnel: issues on cross-sectoral regulation.
G.E. Slepko, Candidate of philological sciences, associated professor, assistant professor of Civil Law Chair, Military University of the Defense Ministry of the RF (Moscow) , pvsvpo@mail.ru The article deals with the contemporary Russian legal regulation of relationship within the sphere both of intellectual property and exclusive and copyrights of the militaries in its correlation to national legislation on state secrets and national security. The author draws attention to the problem of regulating the intellectual rights of the author on the result of intellectual activity subject to the special status of the authors-soldiers, is characteristic of contemporary Russian civil law and normative legal acts, establishes the legal status of military personnel. Key words. Intellectual property, exclusive rights, copyrights, secret invention, military, national security.
9. About on the concept of "international cooperation in the field of combating terrorism".
D.J. Furazhnin, specialist of the Centre for problems of security, pvsvpo@mail.ru The article discusses the concept of "international cooperation in combating terrorism", points out the growing influence of integration structures on international cooperation in the study area. Key words: international cooperation, counter-terrorism, security, integration structure.
10. Administrative responsibility of officials for failure to submit lists of citizens subject to the initial enrollment for military registration.
Y.O. Sokolov, lawer, pvsvpo@mail.ru The author discusses the offense under article 21.1 of the Code of the Rus-sian Federation about administrative offences "not informing in a military de-partment or in other institution performing military registration, lists of citizens subject to initial statement on military accounting" and the practice of bringing officials to justice for the offence. Key words: military department, military registration, initial enrollment for military registration, military obligation, conscription, administrative offence, administrative responsibility of officials.
11. The influence of criticism and discussion order to the performance of military control.
E.A. Glukhov, candidate of legal Sciences, pvsvpo@mail.ru The article analyzes prohibitions on criticism and discussion of the orders for the military, revealed the defects of legal technique in the formulation of prohibitions for the military. The author comes to you-water on the uncertainty and ambiguity of many aspects of the criticism and discussion of the order. In addition, there are arguments in favor of improving the efficiency of military administration in the provision of military noclegowym law of constructive criticism orders. Key words: critique and discussion of the order, a soldier from the responsibility, feedback, bureaucracy, initiative, discipline, obeying orders
12. 'Blue' PMSCs: past, present and future.
A.I. Alekseev, 4rd year student of the faculty of law of Ryazan State University named for S. Yesenin, pvsvpo@mail.ru This article is consider the 'blue' private military and security companies – private military and security companies, which are ideological successors of classical mercenaries, 'wild geese' of XX century, according to offered by author division of private military and security companies on 'red', 'blue' and 'green' and their classification. This article is consider historic aspect of appearance and functioning of 'blue' private military and security companies, their co-operation with public and private entities and society, researching modern status of these subjects of law, their distinguishing features, and, basing on found distinguishing features, giving the prognosis of possible evolution of 'blue' private military and security companies in future. Key words: Private military and security companies, classification of private military and security companies, distinguishing features of private military and security companies, mercenaries, private military companies.
13. Development of domestic legislation in the field of legal protection and use of secret inventions.
D.T. Nesterenko, Senior Investigator of the Department of Inquiry and Disciplinary Practice Military Commandant's Office of St. Petersburg; A.V. Kudashkin, Doctor of Law, Professor, pvsvpo@mail.ru The article examines the development of Russian legislation in the field of the use and legal protection of secret inventions, as well as both the problems found in legislation regulating issues related to secret inventions, and solutions to identified problems. Key words: invention, legislation, state secret, society, patent, patent owner.
14. On some problems of the military-ecclesiastical law-making in the activities of chaplains (questions of perfection of legal work). Part 2. Continued.
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, pvsvpo@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.
15. Proportion of purchases in the field of state defense orders and in the field of military-technical cooperation.
V.V. Kudashkin, State Secretary of Rosoboronexport JSC, Doctor of Laws, pvsvpo@mail.ru The article is devoted to development of the methodological approaches, which allow solving the issue of ambiguity of dissemination of the Federal law of July, 18 2011, №o. 223-FZ "On procurement of goods, works and services to certain types of legal entities" on the specific relations, which are connected to military cooperation. Proposed approach may be taken to qualify other relations, besides military cooperation, stipulated in p. 4 Clause 1 of the Law On procurement, on which the Law doesn't apply. Key words: procurement, military cooperation, state defensive order, exhibition, cooperation, military products.