THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6

 ISSUE CONTENTS:

 

1.  Anti-Corruption: New Ways (Commentary to Federal Law No. 64-FZ of April 3, 2017).

E. Zaikov, Candidate of Legal Sciences, E-Mail: pvsvpo@mail.ru
In the article, the author, from a critical point of view, considers the amendments introduced by Federal Law No. 64-FZ of 3 April 2017 into regulatory legal acts related to the improvement of the legal regulation of combating corruption.
Key words: counteraction of corruption, conflict of interests, information on incomes, positions.

 

2. About the requirements for the person appointed to conduct the proceedings.

D.M. Mikhalev, employee of the center of research of problems Russian law Equitas, pvsvpo@mail.ru

The article discusses the requirements for the person appointed to conduct the proceedings, kinship proceedings between the conductive and to whom conduct of the proceedings, the number of trials are simultaneously in production from one person.

Key words: soldier, proceedings, the person appointed to conduct the proceedings.

 

3. On the right to wear a dirk after retiring from military service.

O.Y. Petrov., Candidate of Legal Sciences, pvsvpo@mail.ru
The article comments on the provisions of the adopted Federal Law ¹ 37-FZ of March 28, 2017 «On Amendments to the Federal Law «On Arms», whose amendments come into force on July 1, 2017. Questions of responsibility for observance of the rules of registration, storage, wearing, use of cold blade weapons (daggers) are considered.
Key words: military cold bladed weapons, dagger, the right to wear military uniforms, heads of state paramilitary
organizations, storage of weapons, carrying weapons, inheritance of law, federal executive authority authorized in the sphere of arms turnover, administrative regulations, license for storage, carrying Weapons, turnover of weapons, period of retirement, responsibility.

 

4. On the preparation for the military service sergeant composition of the Armed Forces of the Russian Federation, other bodies of troops and military formations In this paper the authors analyze provisions of Federal law  governing the training of sergeants, petty officers of the reserve for military service. Focuses on the article 20.2 of the Federal law of April 3, 2017 No. 61-FZ.

Yu.N. Tuganov, Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Professor of the Russian Customs Academy, Chief Researcher of the Russian State Justice of Justice;

S.I. Zhuravlev., Associate Professor of the Department of organizational and personnel work in public authorities of the Institute of Management and Strategic Development of the Moscow Technical University (MIREA), Candidate of Legal Sciences, Associate Professor, pvsvpo@mail.ru.

Key words: armed forces, joining the military, training soldiers, sergeants, sergeants of a stock.

 

5. Medical and medico-psychological rehabilitation in the system of medical provision of military personnel:
methodological and organizational aspects.

A.A. Sogiyainen– MD, PhD, pvsvpo@mail.ru.

This article analyzes the legal regulation of medical and medical-psychological rehabilitation of military personnel. Examines the troops that are subject to rehabilitation, the procedure of organization and holding of these events in the light of the order of the Minister of defense from January 27, 2017 No. 60 “On medical-psychological rehabilitation”.
Key words: medical rehabilitation, medical and psychological rehabilitation.

 

6. Peculiarities of realization by the military men under the contract of the constitutional right to rest.

A.R. Kuznetsov., graduate student of the Moscow Law Academy., Å – mail: pvsvpo@mail.ru
In the work issues of implementation by servicemen under the contract of their constitutional right to rest are considered. The analysis of the legal norms that regulate the procedure for providing days off for performing duties in overtime and on weekends and holidays, as well as for engaging servicemen in activities that can be conducted without taking into account the limitation of the total duration of weekly office hours, is analyzed.

Key words: Servicemen, the constitutional right to rest, the performance of military service duties, overtime, weekends and holidays, events without taking into account the total duration of the weekly work time, additional days of rest.

 

7. On improving the Federal security service of the Russian Federation of the organization of pension provision of persons, dismissed from military service and members of their families.

E.E. Ananyeva, The captain of justice, legal officer, E-Mail: pvsvpo@mail.ru
The article is devoted to the improvement of normative legal base of the Federal security service of the Russian Federation in the field of pension provision of persons, dismissed from military service and members of their families. Given the review of the Instruction about organization of work in the organs of the Federal security service on pension provision of persons discharged from military service and members of their families, approved by the order of FSB of Russia from February 14, 2017 No. 87.
Key words: military service; pensions; Federal security service; military and pension authorities.

 

8. Savings and mortgage system of housing for military.

V.M. Koryakin, doctor of legal Sciences, personnel improved associate Professor, Professor of the Military University, Deputy Director of the Legal Institute of Moscow state transport University of Emperor Nicholas II., E-Mail: pvsvpo@mail.ru
The article represents a commentary to the Federal law of March 7, 2017 No. 32-FZ “On amending articles 5 and 15 of the Federal law “About accumulative and mortgage system of housing for military personnel””. This law extends the circle of military personnel, which when re-entering the military service restored savings available on their personal savings accounts to dismissal from military service.
Key words: savings and mortgage system of housing support, personal savings account, the basis of dismissal from military service.

 

9. The question of securing the acceptance procedure by the Ministry of defense of Russia of the decision on recognition of a premise premises, premises suitable (unsuitable) for residence and an apartment house emergency and subject to demolition or reconstruction.

N.V., Kichigin researcher, Centre for legal studies, pvsvpo@mail.ru
The article gives a review of the order of the Minister of defence of the Russian Federation of January 11, 2017 n. 11. The procedure of assessing the compliance of premises to the requirements of the Housing code of the Russian Federation, as well as their inclusion in the category unsuitable for residing of citizens.
Key words: Housing code of the Russian Federation, the right of economic maintaining, operational management of the housing stock.

 

10. On granting additional guarantees to citizens discharged from military service on separate grounds (Scientific and practical commentary to the Federal Law From March 7, 2017, No. 32-FZ “On Amendments to Articles 5 and 15 of the Federal Law” On the Accumulative-Mortgage System of Housing for Servicemen “).

D.Y. Manannikov., ñandidate of Legal Sciences, pvsvpo@mail.ru

The article deals with the issues of the functioning of the accumulative mortgage system of servicemen’s housing maintenance, taking into account the latest changes in the legislation, with respect to the expansion of the list of grounds for dismissal, which allow a citizen to restore the accumulations previously accrued under the military mortgage program at the previous duty station when signing a new contract.
Key words: Military mortgage, military serviceman, grounds for dismissal from military service, target housing loan.

 

11. Necessary defense: the problem of the timeliness of defensive operations in the event of threat of assault.

V.V. Merkuriev, Professor of Criminal Law and Criminology Department of the Faculty of Law of VLI of the FPS of Russia Doctor of Law, Professor Senior Advisor of Justice;

I.A. Tarakanov, Docent of Criminal Law and Criminology Department of the Faculty of Law of VLI of the FPS of Russia Candidate of Law lieutenant colonel of internal service, pvsvpo@mail.ru
The article is devoted to the specifics of establishing the timeliness of defensive actions in cases when socially dangerous encroachment is not yet being implemented, but there is a real threat of its fulfillment. The possibility of a defending person to determine from when he has the right to inflict harm to an intruder who has not yet transferred to active action is being investigated. The signs of the behavior of an infringing person are analyzed, which make it possible to conclude that there was a real threat of an encroachment. On the basis of the study, it is proposed to add to the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 19 of 27.09.2012 «On the application by courts of legislation on the necessary defense and harm during the arrest of the person who committed the crime».
Key words: necessary defense, socially dangerous assault, threat of assault, presence of infringement, timeliness of defensive actions, the reality of the threat, legitimacy of causing harm.

 

12. Problems of the criminal liability for insulting the military.

N.E. Stepanenko Associate Professor of number 29 (Criminal Law) Military University; V.F.Dubrovsky, military justice officer Military University, pvsvpo@mail.ru
The article explores the concepts of «insulting a serviceman», the social, legal and criminal legal characteristics of this crime. It is indicated on the «dividing lines» between insulting the serviceman and adjacent convoys.
Key words: An insult to a serviceman, a humiliation of a serviceman, a public danger, the composition of a crime, the qualification of a crime.

 

13. Legal work to improve the activities Military clergy in combat conditions.

O.A. Ovcharov., PhD, lecturer, Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru
The article briefly reviewed and analyzed the problems of improving the legal work in the field of military-religious relations, incl. Some aspects of the legal support of the military clergy in the conditions of armed conflict, examined the existing  domestic legal and practical experience, proposed ways to further improve the legal work, taking this experience into account.
Key words: Legal work, military clergy, assistant to work with religious servicemen, clergyman, fighting, duties.

 

14. Interrogation staff in Russian Armed Forces and CIS member states: law comparative analysis.

Sharikhin A.E.., Professor of the Department of Public Prosecutions Academy of the Prosecutor General’s Office of the Russian Federation. Professor, pvsvpo@mail.ru
This article describes the functional experience of military interrogation staff in CIS member states and at the same time highlights the interrogation staff activities problems in the Armed Forces of Russian Federation. Taking into consideration the law comparative analysis, author comes to conclusion that it is necessary to draw the attention on the positive foreign experience to be able to create better interrogation staff structure of Russian Armed Forces.
Key words: Armed Forces of Russian Federation, Armed Forces of CIS member states, interrogation staff, military base commander, military police, interrogation, investigation activity.

 

15. The security troops of the national guard environmental security.

V.M. Shenshin., Lecturer at the Chair of Constitutional and Administrative Law of the Faculty (command) of the St. Petersburg Military Institute of the National Guard of the Russian Federation, Ph.D., e-mail: pvsvpo@mail.ru
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.