THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. Development of legal regulation of anti-corruption in labor relations.
Zaikov D.E. Candidate of Legal Sciences, pvsvpo@mail.ru
The article analyzes the development of legislation on countering corruption in relation to workers of military organizations and considers its changes in the part of legal regulation of counteraction to nepotism in labor relations. Key words: workers, military organizations, counteraction to corruption, nepotism.
2. The legal model of the mechanism of the improvement of military legislation.
Reznichenko K.L. pvsvpo@mail.ru.
The article analyzes the legal tools that allow the improvement of legislation in various spheres of the state, and the author's legal model for the improvement of military legislation. Key words: mechanism of legal regulation, the mechanism for the improvement of military legislation, legal monitoring, legal review, regulatory impact assessment, assessment of the actual
3. On administrative punishment of servicemen and citizens discharged from military service for the late release of housing: scientific and practical commentary to the bill 04/13/03-17/00062795.
Vorobyov E.G., the candidate of jurisprudence, the senior lecturer, pvsvpo@mail.ru
The new bill of the Ministry of defence of the Russian Federation provides for administrative punishment of servicemen and citizens discharged from military service for failure to release their official premises. This initiative raises legal doubts, as the severity of the service-the housing issue must be addressed by the skillful improvement of the mechanism housing for military personnel and ex-servicemen, not through the introduction of legally questionable punitive norms. Key words: Bill. Military. Service housing. The administrative responsibility.
4. About the changes in judicial practice of eviction citizens discharged from military service from service apartments.
Zhabrovskiy R.A., legal adviser of the military unit, captain, pvsvpo@mail.ru
In this article the author analyzes the changes in judicial practice about eviction citizens discharged from military service from service apartments. Key words: citizens discharged from military service; eviction; service apartments.
5. What is useful to know the soldier, who decided to buy on the "Military mortgage" apartment during the construction phase?
Manannikov D.Y., сandidate of Legal Sciences, pvsvpo@mail.ru
The article deals with topical issues of the implementation of savings and mortgage system housing, taking into account the practice of settlement of disputes arising in connection with the participation of military personnel in the shared construction of apartment buildings, recommendations and explanations of the legislation governing the relationship between the parties in mortgage lending to construction. Key words: military mortgage, military, housing, shared construction.
6. Some limitations of the rights of family members of participants in the cumulative mortgage system.
Shenshin V.M. 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 some cases before members of the family participant savings and mortgage system of housing for military personnel, there are some difficulties associated with the deprivation of their housing, and with the possibility of obtaining a property tax deduction in case of purchase of apartments at a target housing loan with own funds. About these problematic situations will be discussed in this article. Key words: related parties, property tax deduction, mortgage system, family members of the participant savings and mortgage system.
7. Appeal against the illegal refusal to restore the fixed term to submit an application about replacement of military service by conscription with alternative civil service.
Sokolov Y.O., lawer, Rostov-on-Don, pvsvpo@mail.ru
The author examines the facts of the refusals of draft boards to replace military service on call with alternative civil service because of the admission of term of filing the application. At the same time, in violation of the definition of the constitutional court of the Russian Federation from October 17, 2006 No. 447-O, quite often draft boards don't take into account a valid reasons for missing the fixed term. This leads to illegal restriction of the right of citizens in the service without arms. The article contains analysis of judicial practice of appeal against these decisions. Кey words: alternative civil service, draft board, military department, violation of the procedure of taking decision, term of filing the application, beliefs, creed, appeal.
8. On the recognition of the commission of a crime in conditions of armed conflict or military actions by circumstance aggravating the sentence.
Eermolovich Y.N. The PhD in Law, doctoral candidate in criminal law of the Military University, pvsvpo@mail.ru
The article comments on the new changes in the criminal legislation of the Russian Federation regarding the introduction of a new circumstance, aggravating punishment, in case of committing a crime in conditions of armed conflict or military operations. Key words:criminal liability, servicemen, military criminal legislation, military criminal law, aggravating circumstance.
9. Several criminal liability challenging issues on violent actions against military chief.
Stepanenko N. Y., Associate Professor of number 29 (Criminal Law) Military University, e-mail:nestepanenko@yandex.ru; Khakov V. I., military justice officer Military University, pvsvpo@mail.ru
This article explores the concept of " chain of command", as well as several challenging issues in crime studying– violence against chief that will be worth studying for military investigative branches servicemen, prosecutors and military courts. The author shows the new point of view on 334 article of the criminal code of Russia. Key words: violence against military chief, chain of command, elements of crime, new point of view on article of the criminal code of Russia.
10. Nuremberg military tribunal: political-legal results and present.
Shamarov P. V., candidate of military Sciences, master student National Institute name Catherine The Great, pvsvpo@mail.ru
The article analyzes the main results of the international criminal trial in Nuremberg, which has had a fundamental influence on the formation of international criminal law, justice, and its proceedings, as well as promotion of the progressive development and codification of international law.
Key words: International Military Tribunal, litigation, jurisprudence, international law, international criminal law, international humanitarian law.
11. New rules on legal ban on the admission of the goods, occurring from the foreign states, works (services), performed (rendered) by foreign persons, for the purposes of implementation of procurement of goods, works (services) for the country's defense and state security.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru
In the article the author analyzes the new rules on legal ban on the admission of the goods, occurring from the foreign states, works (services), performed (rendered) by foreign persons, for the purposes of implementation of procurement of goods, works (services) for the country's defense and state security. The author critically evaluated the legal definition of the concept of procurement of goods, works (services) for the country's defense and state security. Key words: government procurement; defense procurement; needs of the country's defense and state security
12. Administrative responsibility for non-authorized bank responsibilities in the state defense order.
Karimov A.R., cadet 5 course of the Military University, pvsvpo@mail.ru
This article describes the current problems of administrative responsibility of the authorized officials of the bank for violation of the law on the number 275-FZ "On State Defence Order" requirements for the implementation of the bank support the authorized bank. Analyzes recent changes in the Administrative Code of the Russian Federation in this field. Key words: state defense order, the authorized bank, banking support, administrative responsibility.
13. The possibility of creating a special tribunal for Syria in the context of international experience in the formation of international criminal justice bodies.
Bely I.Yu., Doctor of Law, Professor of the Civil Law Department, Military University, Moscow. pvsvpo@mail.ru
The article discusses the establishment of an ad hoc International Tribunal on crimes against humanity and war crimes committed in the territory of the Syrian Arab Republic with regard to existing international community experience the formation of bodies of international criminal justice, capable of effectively exercising the trial for war crimes and crimes against humanity. Key words: international criminal justice; The ad hoc International Criminal Tribunal for Syria; war crimes; The Rome Statute of the International Criminal Court.
14. Main distinguishing features and the classification of private military and security companies.
Alekseev A. I., 3rd year student of the faculty of law of Ryazan State University named for S. Yesenin, pvsvpo@mail.ru
This article consider the principal positions of understanding of private military and security companies, the tendencies of progress of private military and security companies, the analysis of main classifications of private military and security companies by russian and foreign researchers with author's researching of positions which these researchers had used for creating those classifications, main distinguishing features of private military and security companies, the analysis of shortcomings of these features. Author offers a complex of distinguishing features and the classification of private military and security companies within the conception of understanding of private military and security companies as independent subjects of business for increasing of protection of human rights by creating a competition between goverment's and private organizations. Key words: Private military and security companies, classification of private military and security companies, distinguishing features of private military and security companies, definition of private military and security company, human rights.
15. Legal work to solve the problems of property relations between the military and religious organizations.
Ovcharov O.A., 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 reviewed and analyzed some problems of perfection of legal work in the field of property relations between the military and religious organizations in the implementation of the constitutional right to freedom of religion personnel, possible ways of their solution. Кey words: legal work, the right to freedom of religion, the military clergy, religious property.