THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2


ISSUE CONTENTS:

1. Whether a soldier is obliged to include in the income statement and expenditure information about their participation in non-profit organizations?

Korjakin V.M., doctor of legal Sciences, associate Professor, Professor of the Department of military administration, administrative and financial law of the Military University, Korjakinmiit@rambler.ru 

The article deals with the controversial issue concerning the order of filling of the fifth section of the income, expenses, assets and liabilities, which is annually obliged to provide military personnel occupying positions included in the lists approved by the Minister of defence of the Russian Federation. We are talking about inclusion in this reference information about the participation of the military in non-profit organizations.  Key words: anti-corruption; data on revenues and expenditures; prohibitions and restrictions related to military service; commercial organizations; non-profit organizations.

 

2. Rule of law in the Russian Federation Armed Forces, other troops, military formations and agencies, which provides for military service.

Merkur'ev V.V. Doctor of Law, Professor 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, merkuriev-vui@mail.ru

This paper discusses the problematic issues of the rule of law in the Armed Forces and the military organization of the Russian Federation as a whole, offered his own definition military justice. Key words: military service, soldiers, military criminal law, rule of law, military police, military prosecutors, military courts, the military investigating authorities.

 

3.  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.

 

4.  FSB of Russia as a subject, performing the function of pensions of persons discharged from military service. 

Ananiev, associate, employee of Research Center of the Russian law issues "Equitas",ketrin111_85@mail.ru 

The article deals with premises of implementation on pensions provision of the persons discharged from military service by Federal Security Service of Russia. The author proves need of creation of uniform pension body for intelligence agencies, earlier being Managements of KGB of the USSR is proved. Key words:provision of pensions, intelligence agencies, state secret.

 

5. 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: vitya-shen@mail.ru

Shnyrov A.E., 3 Associate postgraduate course (full-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.

 

6.  About the right of а serviceman who is the spouse of other serviceman involved in the accumulative-mortgage system of housing provision for other forms of housing as member of military man family.

Pichugin D.G. candidate of laws denispichugin@list.ru 

 

7. Alternative military service: a choice that needs to be protected.

Sokolov Y.O., lawyer.,  Akvilon180028@yandex.ru

 

8.  Commentary on the decision of the Constitutional Court on №ovember 8, 2016 № 22-P «On the case on the constitutionality of paragraph 3 of Article 5 and paragraph 5 of Article 8 of the Federal Law «On the material liability of servicemen» in connection with the citizen complaint D.V. Bataragina».

Eermolovich Y. N. The PhD in Law, doctoral candidate in criminal law of the Military University Yaroslaverm@mail.ru

The article commented Decision of the Constitutional Court on №ovember 8, 2016 № 22-P, the author provides a legal and scientific assessment of the decision by the court, identified the problems of the current legislation, the ways of their solution. Key words: criminal liability, material liability, servicemen, criminal law, military law.

 

9. Commentary on the decision of the Constitutional Court on №ovember 8, 2016 № 22-P «On the case on the constitutionality of paragraph 3 of Article 5 and paragraph 5 of Article 8 of the Federal Law «On the material liability of servicemen» in connection with the citizen complaint D.V. Bataragina». 

Tuganov J.N., Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Academician of the Academy of Natural Sciences, chief researcher RPMU;

Aulov V.K.,Associate Professor of the Baikal State University of Economics and Law, PhD

E-mail: yurij-tuganov@yandex.ru

 

10.  The Constitutional Court of the Russian Federation clarified some questions of compensation of material damage in the military full size.

Kydyraliev K.E. Constitutional Court of Russian Federation about compensation of military damage property in full size.

The article analyzes the Russian Constitutional Court decision of 8 №ovember 2016 № 22-П. Key words: material liability; damages; proceedings.

 

11.  Analysis of the financial support for the troops through the territorial financial authorities of the Russian Federation Ministry of Defence.

Horev V.P., Doctor of Science (Economics), Professor, Head of Department of Economic Theory and the war economy, Federal state treasury military educational facility of higher education «Military University».  Goreva O.E., major, Candidate of Science (Economics), associate professor, Senior Assistant Chief of Training and Methodological Department Federal state treasury military educational facility of higher education «Military University».

 Financial support of troops (forces) is an integral part of the activities of the Armed Forces of the Russian Federation, an important factor in ensuring the national defense and state security. However, recent experience has shown that the development of an optimal system of financial support for the troops (forces) in the conditions of market relations, it was one of the most difficult tasks in the process of reforming the state's military organization. The article deals with the modern system of financial and economic support for the Army and navy of the Russian Federation, in particular the territorial and sectoral principles of financial security, identified a number of strengths and weaknesses in its centralization. Key words:financial security, the Russian Federation Armed Forces, territorial financial bodies, managers of budgetary funds, budgetary funds, military units.

 

12.  Conception of understanding of private military and security companies as way of protective human rights: utopia or future?

Alekseev A. I, 3rd year student of the faculty of law of Ryazan State University named for S. Yesenin mrparabellum@yandex.ru

This article consider the principal positions of russian and foreign researchers about understanding of private military and security companies, the principal problems of these positions, and also the article propose a conception of understanding of private military companies as way of protecting of human rights by creating a competition between government and private military and security companies. Also article propose a plan of actions for legal regulation of legal status of private military and security companies on international and national levels, maybe even without adoption of new laws, by the recognition of private military and security companies as subjects of international law with membership in international organizations and creating of coordinating management organization of private military and security companies.

Key words:Private military and security companies, self-regulate organizations, subjects of international law, human rights, coordinating management organizations.

 

13.  Modern constitutionalism and its importance in solving the problems of legal education of Muslim soldiers. 

 Ivaneev  S. V., PhD, Associate Professor of Constitutional and International Law "Synergy" University (Moscow), president of the nonprofit organization «XXI century citizens of the Association for the development of secularism and humanism", sivaneev@yandex.ru 

The author concludes that the whole system of legal Sun-Power-Muslim soldiers should be based on scientific E rovozzrenii because in today's global offensive of Islam in the secular space is needed to offer society dignify the struggle for freedom of thought, of mind, scientific democratic mirovozzre-set for education and human dignity. Preventing recurrence vulgar and militant atheism req-Dimo develop and publish a teaching aid for the formation of legal culture and legal education of servicemen-Muslims. Key words: Islam, legal education, legal education, worship, freedom of conscience, secularism, religion.

 

14. Legal problems of service chaplains: the legal work to improve the military-religious relations.

Ovcharov O. A., PhD, lecturer, Military University of the Ministry of defence of the Russian Federation, o.oleg.1968@mail.ru

This article briefly reviewed and analyzed the problem of improving the legal work in the field of military-religious relations, including some aspects of the institution of military clergy, its name, activities, status and material security, the ways of further improving the legal work, taking into account domestic and foreign experience. Key words: legal work, the military clergy, assistant to work with the faithful soldiers, worker priest.

 

 

15.  Publicly-legal aspects of military law.

Yagolovich I.I. Military University, PhD, jurla@mail.ru

The article military law is characterized as public law. Weaknesses of the concept of military law as a complex branch of law. The proposals on improvement of legislation on military security in the light of reducing the negative effects of sanctions imposed by EU and USA in relation to strategic enterprises of the defense complex of the Russian Federation. Key words: military law, public law, sanctions.