THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4
ISSUE CONTENTS:
1. Gross misconduct: issues of development and enforcement.
Koryakin V. M., doctor of legal Sciences, associate Professor, Professor of the Military University, Deputy Director of the Legal Institute of Moscow state transport University of Emperor Nicholas II, pvsvpo@mail.ru
Discusses the amendments made to the list of gross misconduct, as well as some issues related to their qualifications and disciplinary penalties for committing them.
Key words:military discipline, infraction, serious disciplinary misconduct, disciplinary action.
2. Classification of prevention measures of military disciplinary offenses.
Gapon R. A., specialist of the Centre for problems of security, Gapon.ra@yandex.ru
The article examines the prevention of disciplinary offences of military personnel and offered their classification that divide the measures in question on the basis of different criteria: the nature and content, purpose, time of implementation and scale of applications.
Key words: soldiers, military discipline, disciplinary offences, prevention, classification.
3. International legal status and jurisdiction of a military ship.
Petrov O. Y., candidate of legal Sciences, pvsvpo@mail.ru.
The article considers the international legal aspects of military marine activity of the States in the World ocean, the status of the military ship of state of his immunity, privileges and powers granted it a special status in international law of the sea.
Modern international military features of navigation, the rules of international Maritime law, defining the status of a warship, providing a function representative of the flag state, which gives him an international legal immunity, require high-quality training of commanders of warships, their crews in international law of the sea.
Reveals the aspect of the necessity of defining the term warship.
Key words: international law of the sea, international Convention, a warship, international terrorism, international legal training, the status of a warship in international Maritime law, immunity, privileges, powers, commander of a warship.
4. On some issues of public prosecutorʼs supervision over the implementation of laws Rosgvardiey.
Vinokurov A.Yu., Doctor of Law, Professor, Chief Researcher, Research Institute of the Russian Academy of General Prosecutorʼs Office, pvsvpo@mail.ru
The author expresses opinion on certain matters relating to the supervision of the prosecutor of the execution of the laws have recently formed the federal executive body –Rosgvardiey, said object corresponding to the direction of supervisory activity.
Key words: implementation of laws, the subject of supervision, public prosecutor's supervision, the distinction between the competence of prosecutors, Rosgvardiya.
5. Dismissals and movements of staff at reduction of military formations in the highest degrees of combat readiness.
Glukhov E.A., senior teacher of the St. Petersburg military institute of troops of National guard of Russia, lieutenant colonel of justice, Candidate of Law Sciences, pvsvpo@mail.ru
In article the legal regime of reduction of military units in the highest degrees of combat readiness and the accompanying personnel actions is analyzed. The author comes to a conclusion about a contradiction to the modern legislation of dismissal during the specified period of time of the female military personnel having children up to 16 years, faces of civil personnel, and also illegality of not dismissal of the persons who served conscription term and term of the contract on passing of military service. The author compares the mode of carrying out mobilization, wartime and the mode of the transfer of military units in the highest degrees of combat readiness.
Key words: combat readiness, the highest degrees of combat readiness, mobilization, dismissal of staff, war laws, state of wartime, reassignment of the military personnel, involuntary servitude
6. Affiliation between the ministry of defence of the russian federation and subordinate federal government institutions.
Efimov A.V., Lecturer of Civil Law Department of Russian State University of Justice, av_efimov@inbox.ru
The article discusses the participation of the Ministry of Defense of Russian Federation in the legal relationship as a federal body of executive power and as a legal entity. The functioning of the organizations of the Russian Federation Armed Forces, acting in public circulation as institutions, due to their subordination to the Ministry of Defense of Russian Federation. However, influence of the Ministry of Defense of Russian Federation to the subordinate institutions involved in the civil turnover only fragmentary guided by the principles and norms of civil law.
Key words: affiliation, economic dependence, Ministry of Defense of Russian Federation, public sector of economy, legal entity, institution.
7. To the question of liabilityof soldiers for the damage.
Kapitonova Y.A., PhD (candidate of juridical sciences)associate professor at the criminal law chairof the law department of Penza State University, e-kapitonova@yandex.ru
The article examines the conditions and procedure for the involvement of military personnel to the liability. The author reveals the gaps and contradictions of the process of bringing soldiers to liability on the basis of the analysis of the current legislation. Specific proposals on improvement of legal regulation in this sphere are formulated. The author pays special attention to the decision of the constitutional Court of the Russian Federation dated November 8, 2016 No. 22-P and its importance for the protection of the soldier’s rights.
Key words: soldiers, the legal status of military personnel, military liability, damages military units
8. On the powers of the military (officers) of the Federal service of national guard troops of the Russian Federation at occurrence (penetration) into the living room.
Kudashkin A.V. doctor of legal Sciences, Professor; Kirichenko N.S., The captain of justice, a senior officer of the Department of judicial protection and legal claims of Department of legal work of the North-Caucasian district troops of the national guard of Russia nikolay_kirich@mail.ru
The Federal law «About the army national guard» members of Regardie empowered, including on the occurrence (penetration). Pursuant to the provisions of the Law, the Federal service of national guard troops of the Russian Federation issued an order approving the procedure for informing military personnel (employee) regardie of their direct commander (chief), the owner of the premises and (or) in it citizens and the Prosecutor on the case occurrence (penetration) into the living room.
Key words: soldier, employee, Regardie, penetration into the living room.
9. Requirements for the acts of response of the military prosecutor as components of the principle of legality of the criminal pre-trial proceedings.
Kolomeets E.V., prosecutor of legal statistics department of the Omsk region prosecutor's office, competitor of Criminal Procedure and Criminalities Department of the St. Petersburg Law Institute (branch) of Federal Establishment of Higher Education «Academy of the Office of the Prosecutor General of the Russian Federation», ikolom@yandex.ru
Based on the analysis of the legislation and the basic provisions of criminal procedure science the author analyzes the requirements for the acts of the prosecutorial response in the criminal pre-trial proceedings. It is concluded that the mandatory conditions to be met without exception acts of response are components of the principle of legality in criminal proceedings.
Key words: acts of prosecutorial response requirements, the criminal pre-trial proceedings, the legality, validity, motivation.
10. Scientific-practical commentary to the Presidential Decree of 02.01.2017, the number 5 on the Amendments to the Regulations on the procedure for military service in the Disciplinary Regulations of the Armed Forces.
Ovcharov O. A., PhD, lecturer, Military University of the Ministry of defence of the Russian, o.oleg.1968@mail.ru
The article briefly commented on the changes to the Regulations on the order of military service and the Disciplinary Regulations of the Armed Forces, is a brief analysis of some of the contradictions and inconsistencies, problems, both theoretical and practical problems and solutions are discussed issues of further improvement of the legal work in the field of defense. Key words: military service, a military post, a military rank, infringement, criminal proceedings, disciplinary offense.
11. Administrative legal status of entity in administratively – tortious relations with border guard authorities.
Svininov O.Yu., Lawyer of the Center for the Study of the Problems of Russian Law "Equitas" Candidate of Legal Sciences, pvsvpo@mail.ru
The article is devoted to actual issues border guard authorities procedure of subjecting to administrative liability of entities .
Key words:entity, border guard authorities, administrative liability, entity´s fault, official person, the compositions of administrative offences
12. Legal risks of medical activities in modern conditions.
Sogiyainen A.A., MD, PhD, sogalex@ya.ru This article is devoted to analysis of legal risks in the provision of medical services. Discusses aspects of patient rights in military hospitals, current legislation regulating the relations between medical institution and patient. The analysis of the jurisprudence and especially the involvement of the contractor responsible for failure to render (improper rendering of) medical services.Recommendations for minimizing the risks of litigation.
Key words: quality of medical care, medical care, protection of patient’s rights.
13. Administrative responsibility of officials of the military department for violation of the procedure of consideration of applications of citizens.
Sokolov Y.O., lawer., Akvilon180028@yandex.ru. The author gives a description of the major violations, which allow officials of military department when they are considering appeals of citizens. Failure to comply with the legal procedure provides liability of the article 5.59 of the code of Russian Federation on administrative law violations. The instances of its application are considered on examples from judicial practice.
Key words: consideration of applications of citizens, timing of the review, application, complaint, administrative offence, administrative responsibility, official, military department.
14. On the implementation of expenses incurred by organizations and individuals associated with the receipt of citizens in the mobilization manpower.
Tuganov J. 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)
In the publication the authors comment on the Decision of the Government of the Russian Federation of 16 January 2017 number 10 associated with the reimbursement of expenses incurred by organizations and citizens of the Russian Federation in connection with realization of the Federal law "On military duty and military service".
Key words: armed forces, soldier, human mobilization reserve, active reservist.
15. The security troops of the national guard environmental security.
The author reveals the features of environmental security with refraction on the objects of national security. The characteristic activities of the troops of the national guard, as an element of national security in the sphere of ensuring environmental safety.
Key words: national guard troops, national security, ecological safety.
16. The new source military criminal law of Great Britain.
Shulepov N.A., head of the Department of International Law, Moscow State Linguistic University, doctor of legal Sciences, Professor, shulepov-n@mail.ru
The article is devoted the last changes in the military criminal legislation of Great Britain.
Key words: military criminal law, Armed Forces, subject of military law.