THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
ISSUE CONTENTS:
1. Features of the application to the military disciplinary sanctions for corruption offences..
Baranenkova I.V., candidate of legal Sciences.
Тhe article contains proposals for improving the legal regulation of application of disciplinary sanctions for corruption offences committed by military personnel (proposals aimed at elimination of practical problems and the formation of a uniform approach to the legal regulation of application of penalties for corruption offences in the legislation that defines the specificity of the professional service (labor) activities of public servants).
Key words: organization of prevention of corruption, anti-corruption standards, corruption offences, disciplinary liability of servicemen, disciplinary sanctions for failure to comply with restrictions and prohibitions, requirements on prevention or settlement of conflict of interests, failure to perform duties prescribed in order to counter corruption.
2. Innovations in the legal regulation of recruitment to the Armed Forces personnel.
I. A. Baghdasaryan, candidate of legal Sciences, head of Department of military law Military University of the defense Ministry, pvsvpo@mail.ru
The analysis of the Federal law from may 1, 2017 No. 91-FZ, according to which persons with secondary vocational education, allowed to conclude the contract on passage of military service without military service by conscription.
Key words: military service; the contract on passage of military service; the manning of the Armed Forces.
3. The dismissal of a serviceman in violation of the contract period expiry of the contract on passage of military service.
Kirichenko N.S., major of justice, officer of national guard troops of Russia, pvsvpo@mail.ru
One of the grounds for early dismissal of a serviceman from military service is dismissal in connection with compliance with conditions of the contract. However, when considering the application of this measure in the period of the contract on passage of military service can be some difficulties. In this article we propose some options to address these difficulties by making changes to the legislation.
Key words: soldier, military service, contract, failure to comply with the terms of the contract, early termination.
4. On the legislative expansion of the circle of citizens entitled to conclude a contract for military service.
Manannikov D.Y., сandidate of Legal Sciences, military Lawyer, pvsvpo@mail.ru
The article considers the actual changes to clause 1 of Article 34 of the Federal Law "On Military Duty and Military Service", according to which citizens and military servicemen who are on military service with an average vocational education have the right to conclude contracts for military service.
Key words: contract, education, serviceman, contract military service.
5. 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 № 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.
6. The constitutional court corrects military pension legislation.
Korjakin 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
The article commented on the legal position of the constitutional Court of the Russian Federation on the consequences of errors committed by the military pension authorities in the appointment of pensions to the persons dismissed from military and law enforcement service. Fix these errors by stopping the payment of pension is deemed not relevant to the constitutional principle of justice, provided that the recipient of the pension act in good faith, and the mistake made by the pension authority, without any fault of the recipient of the pension.
Key words: military pension; provision of pensions of the persons passing military service; military retirement.
7. Increase of pension for the survivors.
E.E. Ananievа, captain of justice, officer of the legal service, pvsvpo@mail.ru
The article presents the review to a new norm of military pension legislation related to the increase in pension for survivor's spouses, parents, children of persons killed in the military and similar services.
Key words: pension, survivor benefits, death (death) of the serviceman.
8. Acts of war and other military actions as a basis for the exemption from the execution of civil law obligations and liability for the failure to execute or improp.
Sokolova E., Senior Lecturer of the Civil Law Department of the Military University, Sokolova2010E@yandex.ruer execution
The article examines various approaches to the understanding of the acts of war as grounds for the exemption of the obligated persons from the execution of civil law obligations and liability for the failure to execute or improper execution. The characteristics of military operations as a circumstance that is not a force majeure are given.
Key words: war, act of war, hostilities, the armed conflict, force majeure.
9. On the legal problems of the division of conjoints’ joint ownership (if one of whom is a military) and determining their shares of it.
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, property, division, share, the Family code of the Russian Federation.
10. Is the voluntary withdrawal from the accumulative mortgage system of servicemen's housing maintenance a deliberate deterioration of housing conditions?
Gaydin, D.J., councel, pvsvpo@mail.ru
Abstract: in the article the author tried to determine whether voluntary withdrawal from a savings and mortgage system of housing for servicemen of the criteria of intentional deterioration of living conditions.
Key words: savings and mortgage system of housing for military personnel, deliberate worsening of housing conditions.
11. On the time limits to pay for goods (works, services), purchased by military organizations (Commentary to the Federal act of 1 May 2017 № 83-FZ).
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru
The author of the article considers the main provisions of the Federal act of 1 May 2017 № 83-FZ "On amendments to articles 30 and 34 of Federal act "On the contract system in the procurement of goods, works, services for state and municipal needs".
Key words: government procurement; government contract; defense procurement; needs of the country's defense and state security.
12. On the practice of the military prosecutor's offices, military investigative authorities and military courts applying the provisions on the measure of a criminal-legal nature in the form of a judicial fine.
Eermolovich Y.N., The PhD in Law, Lecturer of the Military University; Chestnov N.E., Deputy military prosecutor of the Severodvinsk garrison, pvsvpo@mail.ru
The article analyzes the practice of applying the provisions of Art. 76.2 of the Criminal Code and art. 25.1 of the Code of Criminal Procedure of the Russian Federation by the military justice authorities, the problems and contradictions in the application of the newly introduced institute of exemption from criminal responsibility with the appointment of a judicial fine are revealed, conclusions are drawn as to the causes of the judicial and investigative errors.
Key words: criminal liability, servicemen, military criminal legislation, military criminal law, judicial fine.
13. Specific conditions of remuneration of labor in federal autonomous institutions subordinate to the Ministry of Defense of Russia.
Zaikov D.E., pvsvpo@mail.ru
In the article the author considers the development and peculiarities of the legal regulation of the procedure for setting the terms of payment for workers of military organizations that have the organizational and legal form of an autonomous institution.
Key words: workers, military organizations, remuneration of labor, autonomous institutions.
14. Legal bases of the status of frontier of the Republics of Abkhazia and South Ossetia.
Kichigin N.V., research associate Center of legal researches, pvsvpo@mail.ru
Article opens the maintenance of the concepts "delimitation" and "demarcation" of frontier, the subject of legal grounds of the status of frontier of the Republics of Abkhazia and South Ossetia is touched. Stages of registration of frontier of the Republics of Abkhazia and South Ossetia with the Russian Federation and with the Republic Georgia are considered.
Key words: status of frontier, delimitation, demarcation.
15. Military law problems in the field of chaplains and ways of decisions (ways to improve legal work).
Ovcharov O.A. PhD, pvsvpo@mail.ru
The article briefly describes and analyzes the problems of improvement of legal work in the field of defense in light of the constitutional principle of separation of religious associations from the state with regard to the military clergy, and proposed ways to further improve legal work.
Key words: legal work, defence, military clergy, unity of command, military law.
16. Legal aspects of the use of coercive measures by law enforcement officials.
Nazarova I.S., Deputy Head of 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., Associate Professor; Shenshin V.M., lecturer of the Chair of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Institute of the Russian National Guard Troops, Ph.D., pvsvpo@mail.ru
Analysis of the regulatory aspects of the use of weapons, special means and physical strength acquires special significance in the light of the formation, organization and improvement of the new system of law enforcement agencies in Russia. The study of the procedure for the use of weapons, special means and physical strength by servicemen of various federal bodies of executive power, in which the law provides for the passage of military service, seems to be relevant today and can be said quite problematic.
Key words: coercive measures, law enforcement agencies, military service.
17. The role and importance of counter terrorism measures in improving of the Russian law.
Verbitskaya T.V., professor of chair of constitutional law of Ural state law university, aquitania-17@yandex.com
In the article, on the base of international legal instruments, the achievements of Russian doctrine, it is analyzed federal law, by which there have been made changes establishing additional measures to counter terrorism and ensure public safety.
Key words: international terrorism, organized armed crime, international rule of law, international security