THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8

 ISSUE CONTENTS:

1.  Certification of military personnel: corruption risks and legal means of overcoming them.

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;

Auls V.K.,   candidate of legal Sciences, associate Professor of the chair of the Baikal state University of Economics and law.

In the article the authors consider the problem of possible corruption risks in the performance of military personnel attestation. Key words: Armed forces, military service, serviceman, dismissal from military service for non-fulfillment of contract conditions.

 

2. Legal regulation of the activity of the commander of a military unit in the order of applying disciplinary sanctions against servicemen and civilian personnel.

Savin I.G., Professor of the Department of Humanitarian and Natural Science Disciplines of the RVVDKU, Candidate of Legal Sciences, Associate Professor, pvsvpo@mail.ru   

The article discusses the activities of the commander of the military unit in order to the application of disciplinary sanctions against military and civilian personnel, a comparative analysis of normative legal acts in this area. On the basis of the analysis of the peculiarities of the procedure of bringing to disciplinary responsibility of military and civilian personnel. Кey words: The procedure of bringing to disciplinary responsibility, the activities of the commander, civilian personnel, disciplinary action, military personnel

 

3. Some peculiarities of conducting administrative investigations in the army national guard of the Russian Federation.

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, vitya-shen@mail.ru 

In the article the peculiarities of the administrative investigation into the overstatement of the extent of the main routes of traffic. Key words: administrative investigation, the damage the soldiers, the commander of military unit.

 

4. On the problem of "legal inequality" in the sphere of social protection of military pensioners who served in the countries of the Commonwealth of Independent States.

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

The article considers the problem of "legal inequality" in the sphere of social security of military pensioners who served in the countries of the Commonwealth of Independent States. Key words: military service, military pensioner, Countries of the Commonwealth of Independent States, social guarantees.

 

5. Report on the activities of the Ombudsman in the Russian Federation in 2016 on the state of protection of socio-economic rights of servicemen and citizens discharged from military service.

Vorobyov E.G., the candidate of jurisprudence, the senior lecturer, pvsvpo@mail.ru 

Report on the activities of the Ombudsman in the Russian Federation for 2016 revealed the unsatisfactory status of the current protection of socio-economic rights of servicemen and citizens discharged from military service. The main source of violations was state inaction, for a long time evading the full implementation of the military-social legislation.  Key words: Ombudsman in the Russian Federation. Servicemen. Citizens, dismissed from military service. Socio-economic rights. Violations by the state.

 

6. Part of the Prosecutor's office and national guard troops, in ensuring the right to freedom of expression and freedom of Assembly and Association.

Merkuriev V.V., Doctor of Laws. Sci., Professor, Research Institute of the Academy of the General Prosecutor's Office of the Russian Federation;

Sokolov D.A., Candidate of Laws. Sciences, Research Institute of the Academy of the General Prosecutor's Office of the Russian Federation, merkuriev_vui@mail.ru 

The article is devoted to the observance of the fundamental rights to freedom of expression, freedom of peaceful Assembly and of Association with others, in terms of the need to ensure the national security of the Russian Federation. Attention is drawn to the fact that the attempts of external forces to initiate type scenario of "color revolution" actually constitute one of the main internal military dangers for our country. Key words: expression, Assembly, national security, extremism, terrorism, Prosecutor's office, national guard.

 

8. On the new legal basis for the defense noncompetitive procurement.

Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru

In this article the author considers the goal of providing government customers the right to purchase transport and some other services associated with a military transportation from a single source. The normative grounds for such purchasing are analyzed. Key words: government procurement; defense procurement; competition; noncompetitive procurement.

 

9.  Responsibility of the serviceman for loss of property.

EermolovichY.N., The PhD in Law, Lecturer of the Military University, pvsvpo@mail.ru

The article comments on the verdict of the Moscow District Military Court against the private A. Khilko, who was accused of committing a crime under art. 348 of the Criminal  Code of the Russian Federation, the author gives a legal and scientific assessment of the court's decision, reveals the problems of the current legislation.  Key words: criminal liability, servicemen, military criminal legislation, military criminal law, loss of military property.

 

10. About the production the commander of the military unit of the Armed Forces of the Russian Federation urgent investigative actions.

Sazonova I.G., Lecturer of the Department of the Criminal Proceeding, Military University of the Russian Federation Ministry of Defense, pvsvpo@mail.ru  

The article analyzes some problematic issues related to the production by the commander of a military unit of the Armed Forces of the Russian Federation as a body of inquiry of urgent investigative actions, including the impossibility of their production in criminal cases for which a preliminary investigation is not necessary, and also substantiates the need to resolve the designated Problems at the legislative level, including by expanding the boundaries of the institution of urgent investigative actions.  Key words: Armed Forces of the Russian Federation, commander of a military unit, inquiry body, urgent investigative actions, preliminary investigation, criminal procedure legislation.

 

11. Annual main extended paid vacation of scientific workers: problems of law enforcement practice.

D.E. Zaikov, Candidate of Legal Sciences, pvsvpo@mail.ru

The article deals with the problems of law enforcement practice of granting to the scientific degree of scientific workers of scientific organizations of the Ministry of Defense of the Russian Federation. Key words: scientific workers, academic degree, vacation, scientific organization.

 

12. Current state and some problems of military criminology.

Kharabet K.V., Candidate of Law, Associate Professor, Professor of the Criminal Law Department of the Military University, Co-Chairman of the Foundation for Scientific Research in the Field of Legal Support for Human Security named after Professor A.A. Ter-Akopov, Colonel of Justice retired, harabet@mail.ru

The article is devoted to the main events in military criminology over the past 20 years, its current state, the author's vision of some of its problems and development prospects. Key terms: crime, deviance, the fight against crime, military criminology, the military prosecutor's office, narcotics, the program to combat crime among servicemen.

 

13. Some issues of legal regulation of  kadet education.

Andreev A.V., researcher, center for legal studies, av_andreevpkk@mail.ru

The article examines  legal problems connected with regulation of kadet education in the Russian Federation. Substantiated proposals for amendments to normative legal acts, related to improving the work of educational institutions. Key word: kadet education, the presidential cadet school, Suvorov military school, Nakhimov naval school, cadet (sea cadet) military corps, cadet class

 

14. To the problem of systematization of military-church norms and legal regulation of military clergy activity.

Ovcharov O.A.., PhD, lecturer, Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru

The article briefly reviewed and analyzed the legal position of problems of systematization of military and ecclesiastical law, discusses the legal documents that regulate the activities of military clergy both from the state and from the Church, offers ways to further improve legal work, taking into account existing historical and international experience.

 

15. The vector of law as a factor in the formation of the competence of Muslim servicemen

Ivaneev S.V., candidate of legal Sciences, associate Professor of constitutional and international law at the University «SYNERGY» (Moscow),  sivaneev@yandex.ru

Тhe author comes to the conclusion that that religion since its th inception, it has been and remains the most archaic form of social consciousness, burdened by mystified notions of being and traditional standards of moral and ideological views, for-canned the whole system of religious dogma. Military scientific and expert community today urgently need to realize that concealment of the fact of the medieval anachronistic the withholding of Islam is contrary to the universal law of the objective changes of any object with its internal contradictions. Key words: Islam, legal training, legal education, worship, freedom of conscience, secularism, religion.