THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9

 ISSUE CONTENTS:

 

1. About some of the legal consequences of the dismissal of the military personnel and those civilian personnel in connection with loss of trust.

I.A. Baghdasaryan, candidate of legal Sciences, head of Department of military law Military University; V.M. Koryakin, doctor of legal Sciences, associate Professor, Professor of the Military University;  pvsvpo@mail.ru

The article presents a scientific and practical commentary to the Federal law from July 1, 2017 №. 132-FZ, which provides for the maintenance of the registry of persons dismissed from service (from work) in connection with loss of trust. This registry is designed to ensure that the basis of dismissal was considered by employers and the military authorities of the subsequent employment of these persons, and also when re-applying for military (government) service.

Key words: loss of confidence; the discharge from military service; termination of employment; the register of persons dismissed in connection with loss of trust

 

2. Material responsibility of military men: theoretical and practical issues.

  A.I. Kouliev, the judge of 224 garrison military court, candidate of legal Sciences.         

The article discusses the involvement of military men in material liability. The examples of judicial practice. Provides practical advice in various legal situations related to liability.

Key words: material liability, actual damage, compensation for damage.

 

3. Legal regulation of placement of information on activity of the educational organizations of the Russian defense ministry on the internet.

O.L.Zorin, PhD of Law, lieutenant-colonel, docent, ESC AF «N.E. Zhukovsky and Y.A. Gagarin Air Force Academy» (Voronezh), olozor06@rambler.ru

In article provisions of regulations regarding features of placement of information on the Internet on activity of educational institutions of the Russian Defense Ministry are analyzed.

Key words:  educational organization, Internet, Ministry of Defence of the Russian Federation.

 

4. Application of norms of administrative law for military legal.

I.S.Nazarova, Deputy head of the Department of constitutional and administrative law of the faculty (team) Saint–Petersburg military Institute of national guard troops of the Russian Federation, candidate of law.N., associate Professor, e–mail: irina-nazarova@inbox.ru; V.M.Shenshin, 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.N., e-mail: vitya-shen@mail.ru

The article analyzes the actions of the commander of a military unit when entering the address of the resolution on administrative violation for an administrative offense, under part 2 of article 12.9 of the administrative code committed by a subordinate military personnel.

Key words: administrative properties, administrative otvetstvennosti national guard troops, material responsibility of military personnel.

 

5. The problems of implementing social guarantees provided by members of families of military contract servicemen.

E.A.Kapitonova, PhD (candidate of juridical sciences), associate professor at the criminal law chair of the law department of Penza State University, e-kapitonova@yandex.ru

The article presents the author's vision of the classification of social guarantees established by law for family members of servicemen who serve under a contract. The contents of these guarantees are briefly studied in relation to three groups of persons – the spouse of a serviceman, his underage children and members of the family as a whole. Based on the analysis of the current legislation and judicial practice, the author identifies gaps and contradictions in the sphere of implementation of such guarantees. Specific proposals are being formulated to improve the legal regulation in this area.

Key words: servicemen, members of the serviceman's family, social guarantees, social protection, housing subsidy

 

6. Contract service allowance through the perspective of European standards.

LP.Rybka, Associate Professor, Department of History and International Relations, Central Russian Institute of Management, branch of the Russian Presidential Academy of National Economy and Public Administration, Candidate of Sciences (Law)

Having analyzed the statutory legal acts and offence causes of employers the author reasonably concludes that it is necessary to make some amendments to labour legislation in order to protect the rights of the working people in the budget sphere (ex-servicemen in reserve, retirement and those who hasn’t attained their pension age) in terms of the problem caused by non-payment of allowance for the years of military service by contract and the problem of concluding a labour contract without regard for the length of military service,

Key words: contract service allowance; violation of recruitment rules; labour contract of unlimited duration; European standards.

 

7.  Again to the question about the meaning of registration at place of residence to realization of the rights of servicemen.

R.A.Zhabrovskiy, legal adviser of the military unit, captain, rzhabrovskiy@mail.ru

The article is devoted to some negative aspects that may be to arise in payment of monetary compensation for renting an apartment.

Key words: military man, monetary compensation, renting an apartment

 

8. The application of normative legal acts of constituent entities of the Russian Federation, acts of local authorities in the implementation of housing rights of servicemen and members of their families.

V.V. Titov, lawyer, lieutenant colonel of justice (retired), titviktor @ yandex.ru

In the article features of application of normative legal acts of subjects of the Russian Federation, acts of local authorities in the implementation of housing rights of servicemen and members of their families.

Key words: Militarymen, living quarters, normative legal acts of the constituent entities of the Russian Federation, bodies of local self-government.

 

9. Peculiarities of conclusion of energy supply contracts or contracts for the sale of electric energy military units of national guard troops of the Russian Federation.

I.S.Nazarova, Deputy head of the Department of constitutional and administrative law of the faculty (team) Saint–Petersburg military Institute of national guard troops of the Russian Federation, candidate of law.N., associate Professor, e–mail: irina-nazarova@inbox.ru; V.M.Shenshin, 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.N., e-mail: vitya-shen@mail.ru

This paper investigates the characteristics of electrical energy procurement for the military units of national guard troops of the Russian Federation from official suppliers. The authors note that the previous method of procurement (procurement from a single supplier) is modified in such a way that the request for proposals.

Key words: national guard troops, a guaranteeing supplier, the energy supply contract, the contract of purchase and sale of electric energy, the only supplier.

 

10. Changes in the order of passage of alternative civil service.

V.M. Koryakin, doctor of legal Sciences, associate Professor, Professor of the Military University

The article presents a scientific and practical commentary to decree of the Government of the Russian Federation of July 4, 2017 No. 789 that amended the regulations on an order of passage of alternative civil service. The changes relate to issues of legal liability of persons performing alternative civilian service as well as providing them with holidays.

Key words: alternative civil service; the duration of alternative civilian service; notice of investigating authorities; the granting of leaves for the persons, passing alternative civil service.

 

11. Issue joint orders as a form of interaction of the Ministry of defense of Russia with other state bodies in the sphere of lawmaking.

Rybakovа M.A., Advisor of the Legal Department of the Ministry of defence of the Russian Federation

The article deals with the preparation and issuing joint orders of the Ministry of defense of Russia and other state authorities, the peculiarities and the procedure of their preparation. Identified some problems in this sphere and the ways of their solution.

Key words: norm-setting activities; interaction; joint order.

 

12. On some problems of the military-ecclesiastical law-making in the activities of chaplains (questions of perfection of legal work).

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, o.oleg.1968@mail.ru

The article briefly describes and analyzes some problems of improvement of legal work in the area of Church-state relations in the implementation of the commanders of the military clergy and their authority in the religious sphere and possible ways of their solution.

Key words: legal work, military personnel the right to freedom of religion, the military clergy, military service.

 

13. Why depreciate the Russian diplomas.

E. A. Glukhov, senior lecturer, Saint-Petersburg military Institute of National guard troops, Lieutenant Colonel of justice, candidate of legal Sciences

The article analyzes the public on the danger of issuing biased ratings of teachers by learners. The author concludes that the state is struggling with this phenomenon only in the case of a teacher receiving bribes. The reasons of this phenomenon.

Keywords: objectivity of grading, the teacher a bribe, corruption in education, public risk of bias assessment, causes of bias.

 

14. Payment of the regional factor servicemen undergoing military service in the highland areas outside the territory of the Russian Federation.

D.I.Kovtkov, PhD in law, adviser of the division of the Legal Department of the Ministry of defence of the Russian Federation, adviser of the state civil service of the Russian Federation of the second class, Institute of Legislation and Comparative Law under the Government of the Russian Federation.

In the article the author discusses the question of payment of regional factor servicemen undergoing military service in the highland areas outside the territory of the Russian Federation. According to some of the military administration, the establishment of the regional coefficient servicemen undergoing military service in the highland areas on the territory of foreign States, is impossible, because the acts of the Government of the Russian Federation are obligatory for execution on the territory of the Russian Federation. In this regard, the application of the law by acts of the Government of the Russian Federation on the territory of foreign States, or against military personnel of the Russian Federation in the territory of a foreign state, it is impossible. In turn, the author of the article makes a compelling argument in favor of not only the opportunities but also the need to extend on the military men passing military service in mountainous areas on the territory of foreign States the provisions establishing regional rates for military service in mountainous areas.

Key words: soldiers, military service, allowance, service conditions, payments.