THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


 ISSUE CONTENTS: 

 

1.  The anticorruption – 2017: some results of improvement of anti-corruption legislation.

V. M. Koryakin, doctor of legal Sciences, Professor, Professor of the Military University, Deputy Director of the Juridical Institute of FGBOU VO " Russian University of transport (MIIT)" , pvsvpo@mail.ru  The article analyzes the main measures taken to improve anti-corruption legislation and its implementation in the country and in the Armed Forces of the Russian Federation in 2016. Key words: corruption; anti-corruption; restrictions and limitations associated with military service; conflict of interests.

 

2.  Military service under the contract: innovations in the legal regulation (a summary of the changes in the regulations on the procedure of military service on the order of conclusion of the contract).

N.S. Kirichenko, Lawyer, pvsvpo@mail.ru  The paper discusses changes to the Provision on procedure of military service in respect of the procedure of conclusion of the contract on passage of military service. Key words: soldier, conscription, contract, military service.

 

3.  Changes in the procedure for the conclusion of contracts on passage of military service.

V. M. Koryakin, doctor of legal Sciences, Professor, Professor of the Military University, Deputy Director of the Legal Institute of the Russian University of transport.  The article presents a scientific and practical commentary to the decree of the President of the Russian Federation from October 8, 2017 No. 469, which amends the regulation on the procedure of military service. The changes relate to the question of Contracting with the soldiers, passing military service on an appeal, of foreign nationals, as well as short-term contracts to perform tasks in emergency situations and to participate in the peacekeeping international security on the territory of foreign States.  Key words: military service; the contract on passage of military service; perform tasks in emergency situations; participation in combating terrorism and maintaining peace and international security.

 

4.  Imperceptible extremism. Or about the prevention of extremism in the army.

Glukhov E.A., Deputy Head of Criminal Procedure and Criminology Department of St. Petersburg Military Institute of the National Guard, Colonel of Justice, Candidate of Legal Sciences; Strokov S. A., head of command faculty, Colonel, pvsvpo@mail.ru   The article reveals the line between freedom of expression, freedom of speech and extremist statements. In order to prevent extremism, the author gives examples of extremist offenses on the part of servicemen, both verbally and by posting records on the Internet. The author comes to the conclusion that it is necessary to introduce a warning of extremism on the part of the command and interaction with law enforcement agencies in this matter.   Key words: extremism, servicemen, social networks, freedom of expression, freedom of speech, judicial practice, prevention of extremism, legal education, incitement of hatred or enmity.

 

5.  Raising the lower limit of seniority for the purpose of military pensions: fiction or unavoidable reality?

Manannikov D.Y., сandidate of Legal Sciences, military lawyer, pvsvpo@mail.ru   The article is devoted to the investigation of the issue of possible increase of military servicemen's lower limit of service for military pensions, on the basis of the current legislation, an analysis of the proposals and conditions determining the right to retirement pension for long service was carried out.  Key words: serviceman, military pension, dismissal from military service, retirement age, lower limit of seniority.

 

6.  On the right of citizens of the Russian Federation on premium weapons.

O.Y. Petrov, candidate of legal Sciences, pvsvpo@mail.ru   In article questions of legal regulation of realization of the right of Russian citizens to premium weapons, the existing regulations and procedures necessary to be performed in the procedure established by Federal Executive authority authorized in the area of arms trafficking.  Discusses issues of responsibility for compliance with the rules of registration, storage, carrying, use premium weapons.  Key words: premium weapons, heads of state paramilitary organizations, storage is a premium weapon, possession of a gun, the Federal body of Executive power authorized in the sphere of turnover of weapon, administrative regulations, the license for the right of storage, carrying of weapons, responsibility

 

7.  Evidence by commanders of military units of the authenticity of the signature on documents relating to personal rights and legitimate interests of servicemen. 

V.V. Titov, lawyer, lieutenant colonel of justice (retired), titviktor @ yandex.ru   The article considers the peculiarities of the testimonies of the commanders of military units of the authenticity of signature on documents relating to the personal rights and legitimate interests of military men.  Key words: military men, commander, military units, signature on the document.

 

8. On the right of the soldier to an additional total area of premises (a comment on the Decision of the constitutional Court of the Russian Federation from November 16, 2017 No. 29-P "on business about check of constitutionality of the paragraph of first point 2 of article 15.1 of the Federal law "On status of servicemen" in connection with the complaint of citizen M. V. Fokin").

I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation, irina.bagdasarian@yandex.ru    The article considers the peculiarities of legal regulation of the provision of the right to an additional total area of premises from 15 to 25 square meters military personnel - teachers of the military professional educational institutions or military educational organization of higher education, the military Department of the state educational institution of higher education. Key words: housing guarantees for servicemen, the right to an additional total area of premises

 

9.  On the issue of exercising the right of servicemen to additional living space for several reasons.

S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru  The article raises questions of legal regulation and judicial practice in the exercise of the right of servicemen to additional living space on several grounds specified in the legislation of the Russian Federation. Key words: additional total area of living quarters, serviceman.

 

10.  On the problem of crimes against defense of Russian Federation.

Y.N. Eermolovich, Candidate of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», pvsvpo@mail.ru   The article deals with the problem of classification, systematization and allocation at the legislative and scientific-theoretical level into a separate group of crimes that encroach on the interests of the Russian Federation in the defense sphere.  Keywords: criminal liability, military-criminal law, crimes against defense, servicemen, criminal law, military law.

 

11.  The new Military penal code of the Kingdom of Spain: the reasons for accepting and characteristic.

N.A. Shulepov, head of the Department of International Law, Moscow State Linguistic University, doctor of legal Sciences, Professor, honored lawyer of the Russian Federation, shulepov-n@mail.ru   The article is devoted the last changes in the military criminal legislation of the Kingdom of Spain. Keywords: military criminal legislation, military crime, liability of members of the Armed Forces.

 

12.  Military-judicial reform 1867 as the first domestic search experience optimal form of combination of interests of individuals and military service in the implementation of military construction in the sphere of Justice.

S.N. Artamonova, Candidate of jurisprudence, Associate Professor of the military administration, administrative and financial law Mlitary University of the Ministry of defence of the Russian Federation svetlart@yandex.ru.  In article are identified by current legal problems related to legislative regulation of the activities of the organs of military justice. Notes the pressing need to identify, study and real registered the specifics of the administration of Justice in the military sphere on the basis of domestic experience.  Key words: military justice, the guarantees of the rights and freedoms of citizens, the reform of the military justice system, doctrinal features of military justice.

 

13.  Administrative liability of officials of organizations for refusing to give the citizens summonses and hindrance to the appearance in a military department.

Y.O. Sokolov, lawer, Rostov-on-Don, , pvsvpo@mail.ru   The article gives a characteristic of the offense "not informing the citizens about the call in a military department or in other institution performing military registration". Responsibility for that offence stipulated in article 21.2 of the Russian code of administrative offences. The main problems are considered which arise in the production of the cases in this category are considered on the examples of judicial practice.   Key words: military department, military obligation,  conscription, military registration, conscript, summons, administrative offence, administrative responsibility of officials, violation of procedural requirements, appeal, protocol, resolution.

 

14.  About the necessity of medical examination military medical commissions of candidates for training in educational organizations with special names "the presidential cadet corps", "Suvorov military corps", "Nakhimov naval corps", "the cadet (naval cadet) military corps".

A.V. Andreev, researcher, Center for legal studies, av_andreevpkk@mail.ru   The article analyzes the main problems arising in the process of checking the validity of candidates for training in educational organizations with special names "the presidential cadet school", "Suvorov military school", "Nakhimov naval school", "the cadet (naval cadet) military corps" for health reasons.  Key words: cadet education, cadet military corps, military medical commissions, the presidential cadet corps, Suvorov military corps, Nakhimov naval corps, the cadet (naval cadet) military corps.

 

15.  Administrative investigation in the troops of the National Guard: the problem of the application of law.

S.V. Polunin, Head of the Department of Constitutional and Administrative Law of the Novosibirsk military institute named after general of the Army I.K. Yakovlev troops of the National Guard of the Russian Federation, Colonel of Justice; M.A. Komissarov, a fifth-year cadet of the Novosibirsk Military Institute named after General of the Army I.K. Yakovleva troops of the National Guard of the Russian Federation, pvsvpo@mail.ru   In the article the authors consider the problem of the practice of the application of law in the process of conducting an administrative investigation into the fact of causing real damage to the property of a military unit.  Key words: material responsibility, terms, administrative investigation, real damage, replacement cost, damaged property, tender, contract.

 

16.  Features of legal regulation for ensuring the legal regime of the counterterrorist operation.

S.A. Strokov, Head of faculty (team) Saint–Petersburg military Institute of national guard troops of the Russian Federation e–mail: strokoff.sergei@yandex.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  In this article the authors consider the problematic issues of legal regulation for ensuring the legal regime of counter-terrorist operations, proposed measures to improve legislation in the sphere of combating terrorism.  Key words: national guard troops, restriction of rights and freedoms, the legal regime of the counterterrorist operation.

 

17.  On some problems of the military-ecclesiastical law-making in the activities of chaplains (questions of perfection of legal work). Part 3. The end.

O.A. Ovcharov, 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.