THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. Some questions of passage of military service, military prosecutors.
Korjakin V. M., doctor of legal Sciences, associate Professor, Professor of the Military University, Deputy Director of the Law Institute of FSBEI "Moscow state transport University of Emperor Nicholas II"Korjakinmiit@rambler.ru Article represents the scientific-practical commentary to the Federal law from 19 December 2016 No. 434-FZ, which amended the law on Prosecutor's office of the Russian Federation in the part concerning the procedure for passing of military service by servicemen of military Prosecutor's office. Key words: Prosecutor's office of the Russian Federation; bodies of military Prosecutor's office; military service; transfer to a new place of military service
2. Problems Institute of control over the compliance of individual costs, replacing corrupt dangerous positions, their earnings.
Zaykov D.E., PhD pvsvpo@mail.ru In the article the author analyzes the shortcomings of the legal regulation of the legal institution of control over the compliance of individual spending, replacing corrupt dangerous positions, as well as an assessment of the relevant jurisprudence. Key words: fight against corruption, expenses, income, property transactions.
3. Witnessing the commanders of military units of the authenticity of copies of documents and extracts from them.
Titov V.V., lawyer, lieutenant colonel of justice (retired). titviktor @ yandex.ru The article considers the peculiarities of the testimonies of the commanders of military units of fidelity of copies of documents and extracts from them relating to personal rights and legitimate interests of military men and civilians working in these military units. Key words: military men, commander, military units, copies of documents.
4. Features of interaction of internal Affairs bodies of the Ministry of internal Affairs of the Russian Federation and of national guard troops of the Russian Federation in public order protection and ensuring public safety.
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 Today, management science and other related science are actively explored one of these management categories as interaction. The specified legal Institute need to be considered in isolation, not only from a scientific point of view. Therefore, it is important to consider the interaction of internal Affairs bodies and troops of the national guard, as a complex, multidimensional phenomenon that gives these actors the need for better and more effective solution of tasks defined by the law. Key words: interaction, national guard troops, the bodies of internal Affairs.
5. Some problems of indexation of money allowances of servicemen and military pensions.
Korjakin V. M., doctor of legal Sciences, associate Professor, Professor of the Military University, Deputy Director of the Law Institute of FSBEI "Moscow state transport University of Emperor Nicholas II"Korjakinmiit@rambler.ru The article is devoted to the analysis of the impact of the decisions on suspension until 2018 the actions of the legislature rules on the indexation of money allowances of servicemen and pensions to the persons dismissed from military service, and the families of killed (dead) servicemen. Key words: monetary allowances, the indexation of money allowances, inflation, military pensions.
6. Features of the treatment of the information component medical secret in modern conditions.
Sogiyaynen A.A., Candidate of Medical Sciences; sogalex@ya.ru This article analyzes the current state of affairs with the protection of the information component of medical confidentiality. Analyzed departmental regulations on this issue in the ambulatory-polyclinics but the Ministry of Defence. We consider the order of examination of the patient or his legal representative to medical documentation reflecting the patient's state of health (in the light of the Russian Federation Ministry of Health order on June 29, 2016 №425n). Key words: medical documentation, medical secret, out-patient care.
7. Problems of legislative regulation of the issues of providing servicemen and members of their families premises.
Igonina N. A., Head of Department of the Scientific Research Institute at the Academy of the Prosecutor General's Office of the Russian Federation, Candidate of Juridical Sciences. e-mail: (igonadezhda@yandex.ru.); Erezhipaliev D. I., Senior Research Associate, Research Institute, Academy of the Prosecutor General's Office of the Russian Federation, Candidate of Juridical Sciences, associate Professor of General jurisprudence and legal fundamentals of security National Research Nuclear University «MEPhI» e-mail: (damirastr@mail.ru); Dobretsov D. G., Leading researcher at Research Institute of Academy of the Prosecutor General’s Office of The Russian Federation, Candidate of Laws (PhD in law) e-mail: (denisdobretsov@mail.ru) The article based on the analysis of current legislation and law enforcement practice deals with the topical issues in the sphere of military men and members of their families living quarters. Suggests ways of solving them. Key words: housing law, military, housing, needy.
8. About the unlawful restriction of the right to alternative civil service.
Y.O. Sokolov, lawer, Rostov-on-Don, 89094322465, Akvilon180028@yandex.ru. Draft boards refuse many citizens to replace military service on call with alternative civil service. The reason is that citizens did not inform to the military departments about their beliefs and religion at once, when they got registered in the military department. But citizens are not obliged to do so. The article gives a legal assessment of such actions of draft boards, analyses judicial practice of appealing such decisions by citizens. Key words: alternative civil service, constitutional right, draft board, beliefs, creed, application, military registration, decision on refusal, military department.
9. Problems of improving the prison system, appointed by the military.
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. The article analyzes the development trends in the Russian penal system, appointed by the military, reveals the relationship of criminal policy and the system of military punishment and laws of development of the military and prison policy in the Russian Federation. Based on the analysis of the current legislation and practice the author reveals the concerns and contradictions penal system, appointed by the military, as well as offering options for the military prison system in the Russian Federation. Key words: military, criminal liability, criminal policy, military and prison system, military punishment.
10. The development of Russian legislation on liability for the theft of military officials entrusted property and abuse of their powers of selfish interest.
Stepanenko N. E. Associate Professor of Criminal Law of the Military University of the Ministry of Defence Russian Federation/ E-mail: nestepanenko@yandex.ru. Bogonostsev S. S. Assistant Military Prosecutor Saratov garrison. E-mail: Sergeybnv@rambier.ru This article explores the concept of "theft of another's property entrusted to the military officials" and "abuse of authority of selfish interest" in terms of the Council Code of Tsar Alexei Mikhailovich "(1649), military Marking of Peter I, the Charter of the military penal 1839 , the criminal codes of the RSFSR in 1922, 1926 and 1960 and the Criminal Code in 1996. Specify on the distinctive features of the criminal responsibility for these acts at different stages of historical development of the Russian state. Key words: property entrusted to the offender, the theft of another's property, abuse official powers, selfish interest.
11. Problems of practical application of the measures of civil liability of the parties of the state contract, carried out in the interests of military organizations.
Bogdan V.G., captain Justice., E-mail: pvsvpo@mail.ru In article the last changes in the legislation on purchases of goods, works, services for the state and municipal needs regarding providing the performance of obligations connected with creation of federal contract system are analyzed. The emphasis is placed on the experience received as a result of practice of application of the Federal law 94-FZ. Key words: measures of civil liability, penalty, fine, state contract, purchases of goods, works, services.
12. Powers of the Russian defense Ministry in the field of preparation and training of foreign military experts.
Zorin O.L., PhD of Law, lieutenant- colonel, docent, MESC AF «N.E. Zhukovsky and Gagarin Y.A. Air Force Academy» (Voronezh), olozor06@rambler.ru; Bakovich M.N., PhD of Law, docent, MESC AF «N.E. Zhukovsky and Y.A. Gagarin Air Force Academy» (Voronezh); Belyaev R.V, lieutenant-colonel, MESC AF «N.E. Zhukovsky and Y.A. Gagarin Air Force Academy» (Voronezh). In article features of a military and technical cooperation in the field of rendering services of the Russian Defense Ministry in preparation and training of the foreign military personnel are revealed. Key words: military and technical cooperation, foreign serviceman.
13. Recognition terrorists as subjects of international humanitarian law is unacceptable.
Cherniadeva N.A., Candidate of Legal Sciences, Associate Professor, Department of Labor and the International Law Perm State University, 15, Bukirev st. 164990, Perm E-mail: chernyadnatalya@yandex.ru The problem of subjective status of the participating terrorists military confrontations there are in international humanitarian law. This issue has gained high importance due to the intensification of the terrorist threat and the evolution of terrorist tactics by single actions to large-scale paramilitary performances. The author argues with the supporters of the version that the terrorists should covered under the rules of international humanitarian law. Key words: fight against terrorism, international humanitarian law, combatants, international legal protection of human rights.
14. The multiwriting at registration of small injuries of the military personnel or bureaucracy when conducting inquiry.
E. A. Glukhov, senior teacher of the St. Petersburg military institute of troops of National guard of Russia, lieutenant colonel of justice, Candidate of Law Sciences. Kudashkin A. V., doctor of jurisprudence, professor, professor of Military university. In article the practice which developed in military departments in any is considered, even the most insignificant case of traumatizing the serviceman to see essential elements of offense and to carry out a criminal procedure inspection as Art. 144-145 of the Code of Criminal Procedure of the Russian Federation. At the same time in military unit two sets of duplicative documents are created: materials of administrative investigation and materials of criminal procedure check. Authors show bureaucracy of this process and its low performance, in some cases even uselessness. Offers on elimination of excessive actions and decrease in level of bureaucratization are provided. Key words: serviceman, injury, investigation of injuries, verification of the message on a crime, military investigators, non-staff obligations, baculine system of accounting, military prosecutor's office, monkey business.
15. The emergence of conjoints’ joint ownership if one of whom is a military.
Slepko G.E., Candidate of philological sciences, assistant professor, senior of the Chair of Civil Law, Military University of the Defense Ministry of the RF (Moscow), geslepko@rambler.ru; Strazhevich Yu.N., Candidate of juridical sciences, assistant professor senior of the Chair of Civil Law and Labor Law, Surgut State University (Surgut), nushaaa@mail.ru. The article deals with the actual and practice significant theme of the legal regulation of conjoint property relations on the occasion of grounds and conditions for origins of joint ownership if one of conjoint has a special legal status of the military. Key words: marriage, family, conjoint, the military, legal regulation, property, the Family code of the Russian Federation.
16. On the structure of the legal status of military personnel.
Polunin S.V. Head of the Department of Constitutional and Administrative Law, Novosibirsk Military Institute of the Army General IK Yakovlev, Russian troops National Guard, Colonel of Justice. E-mail: s-polunin@list.ru Vasiliev A.S. student, Novosibirsk Military Institute of the Army General IK Yakovlev, Russian troops National Guard E-mail: gashed007@gmail.com The paper provides a systematic, theoretical and legal analysis of the Federal law «On status of military personnel», different viewpoints rights theorists. The conclusions about conformity of a legal definition of the normative content of the legal status of military personnel. Key words: status, military, law, legal basis, guarantees, rights, duties, responsibilities, structure, standard fastening.
17. The legal work in the field of military-service relations of the US military clergy, England and Canada.
Ovcharov O . A., PhD, lecturer, Military University of the Ministry of defence of the Russian Federation, address: 109033, Moscow, ul Volochaevskaya, d. 3/4, o.oleg.1968@mail.ru tel: 8-916-601-26-97 The 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 military performance, the legal status, the conclusion about the further improvement of the legal work, taking into account the analysis and generalization of international experience (USA, UK and Canada). Key words: legal work, the military clergy, priest, employee, officer.