THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. Legal framework for military police of Russian Federation Armed Forces to counter drug trafficking: change in legislation.
Mintyagov Stanislav Andreyevich, postgraduate officer, captain Military University Ministry of Defence of the Russian Federation, pvsvpo@mail.ru
The article discusses the legal basis of the military police of the Armed Forces of the Russian Federation to combat illicit trafficking in narcotic drugs and psychotropic substances in the Armed Forces of the Russian Federation, as well as a scientific and practical commentary on some provisions of the regulations governing this activity of the military police.
Key words: military police, drug addiction, powers.
2. Features of implementation of Federal state control (supervision) in the sphere of arms turnover by troops of national guard.
Shenshin V.M., Deputy head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military Institute of troops of the national guard of the Russian Federation, K. Yu.N.; Gontarenko I.A., 5th year cadet of the faculty (command) of the St. Petersburg military Institute of the national guard of the Russian Federation, pvsvpo@mail.ru
Federal state control (supervision) over the observance of legislation in the field of arms trafficking, as a task entrusted to the national guard troops, has its own specifics, expressed in the application of a large number of normative legal acts regulating social relations in this field of activity. In the present article, the authors considered the features of the legal regulation of some issues in the field of arms trafficking and the implementation of Federal state control (supervision) at the same time. The researchers point to the need to make a number of changes and additions to a number of normative legal acts regulating social relations in the field of arms trafficking, in order to improve the activities of the Department, provides statistics on the conditions aimed at tightening the legislation.
Key words: national guard troops, control (supervision), weapons.
3. On the reform of the judicial system and its procedural aspects.
Voronov A.F., Doctor of Legal Science , Professor, Honored Lawyer of the Russian Federation, Professor of Law Faculties of Moscow State University, Moscow State Linguistic University, pvsvpo@mail.ru
The article analyzes the changes in the Federal constitutional laws "Оn the Judicial System of the Russian Federation", "Оn military courts of the Russian Federation", "Оn courts of General jurisdiction in the Russian Federation" related to the creation of Cassation courts of General jurisdiction, Apellate courts of General jurisdiction, Military cassation court and Military appellate court. Changes in the judicial system are inextricably linked with future changes in procedural legislation – the article states.
Key words: Judicial system, courts of General jurisdiction, military courts, civil proceedings, administrative proceedings, proceedings in commercial courts, cassation, appeal, cassation courts, appellate courts.
4. The problems of supervision and investigation by the military justice authorities of criminal cases of housing fraud committedby military personnel.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru
Some fraudulent schemes for receiving servicemen's living quarters from the state in the context of supervision and investigation by the military justice authorities of criminal cases are considered. The problems arising in the qualification of the above criminal acts are shown.
Key words: crime, fraud, fraud in the housing sector, serviceman, investigative practice, prosecutorial practice, prosecutor's supervision, military courts.
5. Criminal liability for evasion from passage of alternative civil service.
Sokolov Y.O., lawer, Rostov-on-Don, pvsvpo@mail.ru
The article deals with the corpus delicti, responsibility for which is provided part 2 of article 328 of the criminal code "Evasion from passage of alternative civil service of the persons released from military service."
Key words: alternative civil service, criminal liability, corpus delicti, punishment, employment contract.
6. Application of Article 264.1 of the Criminal Code of the Russian Federation with respect to servicemen in the context of abuse of rights and evasion of the perpetrator of liability: issues of investigative and prosecutorial and judicial practice in the interests of strengthening law and order in the Armed Forces of the Russian Federation
Kharitonov S.S., Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru
The article analyzes the articles of administrative, criminal and procedural legislation regarding the involvement of servicemen in responsibility for driving in a state of intoxication and for driving a person who is deprived of the right to drive a vehicle in a state of intoxication. The shortcomings of the relevant legal norms that allow guilty to escape punishment are shown. Proposals on the improvement of legal norms are justified, which will make it possible to exclude the possibility of abuse of rights and evasion from administrative and criminal responsibility by guilty servicemen.
Key words: crime, administrative offense, administrative prejudice, violation of traffic rules, serviceman, bringing servicemen to account for driving in a state of intoxication, dismissal from military service, investigative practice, prosecutorial practice, prosecutor's supervision, military courts.
7. Circumstances mitigating and aggravating administrative responsibility for offenses in the field of conscription and military registration.
Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru
The article deals with the circumstances mitigating and aggravating administrative responsibility for offenses in the field of military registration.
Key words: administrative offence, administrative responsibility, mitigating circumstances, aggravating circumstances, military registration, conscription, military department, appeal, protocol, resolution.
8. The peculiarities of the suspension of the obligatory medical insurance upon call (admission) for military service.
Sogiyainen A.A., MD, major of medical service in retirement, researcher 4 CRI of the Ministry of Defense of Russia; Chicherin L.P., MD, Professor, Ch. sci. Comp. FGBICU "National Research Institute of Public Health. N.A. Semashko»; Rascheslavskiy B.Y., colonel of medical service in retirement, senior researcher 4 Central Research Institute of the Ministry of Defense of Russia; Sogiyainen J.M., Head of the Ministry of Emergency Situations № 6 FGBUZ CICC №119 FMBA of Russia, pvsvpo@mail.ru
This article is devoted to the analysis of the modern system of compulsory medical insurance in the light of Federal Law No. 268-FZ of July 29, 2018 "On Amending Certain Legislative Acts of the Russian Federation and Recognizing the Paragraph 11 of the second part of Article 16 of the Federal Law" On Individual ( personified) accounting in the mandatory pension insurance system ". The issues of interaction between military commissariats and territorial MHI funds, the procedure for suspension and termination of the insurance policy, responsibility of servicemen for receiving medical services on invalid documents are considered.
Key words: medical aid, compulsory medical insurance system, military personnel.
9. Labor rights of employees of military organizations are restored: wages for work on weekends and non-working holidays are to be paid in full.
Zaikov D.E., Associate Professor of the Department of Civil Law and Civil Procedure of the Law Institute of the Russian University of Transport, Candidate of Legal Sciences, pvsvpo@mail.ru
In the article the author considers the problem of applying the provisions of Part 1 of Art. 153 of the Labor Code of the Russian Federation to employees of military organizations and analyzes Decree of the Constitutional Court of the Russian Federation of 28 June 2018 No. 26-P «On the case on the verification of the constitutionality of part one of Article 153 of the Labor Code of the Russian Federation in connection with complaints of citizens DV. Apukhtina, K.K. Bagirov and others».
Key words: worker, military organization, pay, day off, holiday non-working day.
10. Problems encountered in the realization of the right to education by military personnel.
Zhabrovskiy R.A., legal adviser of the military unit, major, pvsvpo@mail.ru
In this article the author analyzes the legislation of the Russian Federation in the sphere of providing military personnel by benefits and guarantees related to education.
Key words: military man, education, benefit, guarantee.
11. The problem of adaptation of soldiers.
Shenshin V.М., Deputy head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military Institute of troops of the national guard of the Russian Federation, K. Yu.N.; Polunin V.P., Head of the Department of fire and physical training of the Volgodonsk branch of the Federal state Educational institution of higher education "Rostov law Institute" of the Ministry of internal Affairs of the Russian Federation; Loginov S.N., Senior lecturer of the Department of fire and physical training of the Volgodonsk branch of the Federal state Educational institution of higher education "Rostov law Institute" of the Ministry of internal Affairs of the Russian Federation, pvsvpo@mail.ru
This article deals with the problem of adaptation of military personnel to the conditions of military service. For military service, the armed forces of Russia called on a contingent of young people who fall into extreme conditions for life. It should be noted that some soldiers do not have high criteria for physical, social and mental development that would allow them to adapt painlessly to new conditions. The most difficult period in military service is adaptation. It was during this period that the internal world of the individual was being rebuilt, as well as the adaptation of life to the requirements of the military environment. Further service will depend on the successful completion of this period. A particularly important aspect of this period is how the soldier builds relationships with others, how he behaves in conflict situations, and what mechanisms of psychological protection uses.
Key word: adaptation, military personnel, reflection, relationships, stress, aggression
12. On the problem of legislative support in Russia activities of the military clergy (questions of improvement of legal work). Part 1.
Ovcharov O.A., candidate of legal Sciences, pvsvpo@mail.ru
The article briefly discusses and analyzes some problems of improving the legal work in the field of legislative regulation of state-Church relations in the implementation of the military clergy of their powers in the religious sphere and proposes possible solutions.
Key words: legal work, the right of servicemen to freedom of religion, military clergy, military service, separation from the state.
13. Improving the legal regulation of the state border protection of foreign States by border authorities.
Kichigin N. V. senior researcher, center for legal studies, pvsvpo@mail.ru
In the article the peculiarities of activities of boundary bodies on the territory of foreign States (Republic of Armenia, Abkhazia and South Ossetia. The analysis of the content of legal sources regulating the activities on the protection of the state border of foreign States by border authorities. According to the results of the analysis, the author identified areas for improving the legal regulation of the activity in question. The issues of interaction of the authorized bodies of a foreign state with the border authorities in the countries of their dislocations were also touched upon.
Key words: Legal regulation, protection of the state border of a foreign state, international treaties (agreements).