THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 12
1. Anti-corruption-2018: results and prospects.
Koryakin V. M., doctor of law, Professor, Deputy Director of the Law Institute OF the Russian University of transport (MIIT), Professor of the Military University, firstname.lastname@example.org
Тhe article analyzes the main measures taken to improve the anti-corruption legislation and its implementation in the country and in the Armed Forces of the Russian Federation in 2018.
Key words: corruption; anti-corruption; prohibitions and restrictions related to military service; conflict of interests; corruption violations
2. On the issue of sentencing for violation of the statutory rules of the relationship between the military in the absence of relations of subordination.
S.S. Kharitonov, Colonel of Justice of the Reserve, PhD in Law, Professor, email@example.com
The analysis of legal norms and judicial practice on the issue of sentencing for committing crimes related to violation of the statutory rules of the relationship between the military in the absence of subordination between them.
Key words: violation of the statutory rules of the relationship between the military in the absence of a relationship of subordination between them, punishment, reconciliation of the parties, compensation for damage
3. Questions of development of system of military-patriotic education and preparation of citizens on military-registration specialities.
Bagdasaryan I.A., PhD in law, associate Professor, head of Department of military law Military University of the Ministry of defence of the Russian Federation, firstname.lastname@example.org
Тhe article deals with the issues of legislative regulation of the development of the system of military-Patriotic education and training of citizens in military specialties
Key words: military-Patriotic education of citizens, training of citizens in military specialties
4. To a question of public prosecutor's supervision and conducting check by bodies of military prosecutor's office.
Kichigin N.V., senior research associate of the Center of legal researches; Golodnev E.N., research associate of the Center of legal researches, email@example.com
In article features of implementation of public prosecutor's supervision and conducting public prosecutor's checks the Armed Forces of the Russian Federation, other troops, the military formations and bodies created according to federal laws and other regulations in the part concerning observance of the Constitution of the Russian Federation and performance of the laws existing in the territory of the Russian Federation, federal executive authorities in which the military service, by bodies of military management and also compliance to laws of the legal acts issued by military units is provided are considered.
Key words: supervision, public prosecutor's check, bodies of military management, acts of public prosecutor's reaction.
5. Corruption factors in disciplinary legislation – factors reducing the effectiveness of disciplinary practice.
Polunin S.V., Head of the Department of Constitutional and Administrative Law, Novosibirsk military institute named after general of the Army I.K. Yakovlev troops of the National Guard of the Russian Federation, Colonel of Justice, firstname.lastname@example.org
Тhe work analyzes the disciplinary legislation on incentives. Reveals corruption factors in modern disciplinary legislation. Based on the analysis of historical examples and the opinions of legal theorists, the conditions for increasing the effectiveness of disciplinary practice are determined.
Key words: corruption, disciplinary power, abuse, encouragement, disciplinary practice, military discipline.
6. Military courts as a factor in maintaining law and order in the army.
Kharitonov S.S., Colonel of Justice of the Reserve,PhD in Law, Professor, email@example.com
The analysis of the legal norms of legislative acts regulating the activities of military courts in modern conditions. The problematic issues of the activities of military courts and possible solutions to them are noted.
Key words: military courts, law, military law and order
7. About the order of protection of the rights of the military personnel in connection with change of structure of military judicial system.
Tuganov Yu.N., honoured lawyer of the Russian Federation, doctor of legal Sciences, associate Professor, academician RANS; Aulov V.K., candidate of legal Sciences, associate Professor of the chair of the Baikal state University of Economics and law, firstname.lastname@example.org
Тhe authors analyze the directions of development of procedural legislation (CPC, CPC, CAS and administrative Code), in connection with the upcoming changes in the military judicial system. Proposed amendments to the procedural legislation.
Key words: soldier, military courts, procedural legislation, protection of the rights of soldiers.
8. Judicial precedent in law-enforcement activity of the bodies authorized in the field of housing providing the military personnel.
Pichugin, D.G., email@example.com
The article raises the question of the possibility of using judicial practice and judicial precedent in the process of making legal decisions by the bodies authorized in the field of housing provision of military personnel.
Keyords: judicial practice, judicial precedent, the interpretation of the law, right to housing, housing for military personnel.
9. The right of master's students to deferral from conscription for military service.
Y.O. Sokolov, lawer, Rostov-on-Don, 89094322465, firstname.lastname@example.org
In the article the problem of the denial of the right of delay from an appeal on military service of citizens enrolled in master's degree who have reached the age of majority before graduating from school. The author reviews the main arguments of the constitutional court of the Russian Federation in resolving this is-sue.
Key words: postponement of conscription, master's degree, bachelor's degree, draft board, Сonstitutional court.
10. Duty of draft boards to motivate decisions on denial of the right to alternative civil service: law and judicial practice.
Y.O. Sokolov, lawer, Rostov-on-Don, 89094322465, email@example.com
The author considers one of the widespread violations of the legislation on alternative civil service. We are talking about the unjustified failure of draft boards in its passage. The article presents the judicial practice of appealing such decisions in 2014-2018.
Key words: alternative civil service, alternative civilian service, reasoned decision draft board, military department, appeal.
11. Impact of sanctional deformations on the legal basis of military-technical cooperation.
Kudashkin V.V., State Secretary of Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law; Orlyuk V.A., Head of Division, Rosoboronexport JSC, firstname.lastname@example.org
Тhe article deals with researching of the effect on legal principles of military technical cooperation of US and other countries sanctions against Russian companies.
Key words: sanctions, military technical cooperation, the USA.
12. Maintenance of rule of law regime in the system of foreign affairs as the embodiment of consistent law enforcement practice of the Russian state.
N.A. Sinyaeva, Head of the Department of Constitutional (State) and International Law of the Military University of the Ministry of Defense of the Russian Federation, Candidate of Laws, Associate Professor; R.A. Kalamkaryan, Professor of the Department of Constitutional (State) and International Law of the Military University of the Ministry of Defense of the Russian Federation, Doctor of Law, Professor, email@example.com
The paper reveals the significance of consistent law enforcement practice of the Russian state in terms of supporting the regime of rule of law in foreign affairs
Key words: international (public) law, supremacy of law, advanced threats and challenges, contemporary global order, national security (homeland security), integrity of the system of modern international (public) law, multirole military security.
13. «Glasshouse» or British Armed Forces detention facility.
A.G. Vorobyev, senior lecturer, Department of Criminal Law, Military University of Defense Ministry, the PhD in Law, firstname.lastname@example.org
The article examines the specifics of the execution of criminal penalties related to imprisonment in the military detention facility of the British Armed Forces.
Key words: Military corrective training centre, imprisonment, detention, purpose of sentencing, Armed Forces Act 2016.
14. Legal regime of re-export or transfer to third countries of military products supplied to foreign customers.
Kudashkin V.V., State Secretary of Rosoboronexport, Honored Lawyer of the Russian Federation, Doctor of Law; Gerasimenko V.P., Head of Division, Rosoboronexport JSC, email@example.com
Brief annotation: the article is devoted to the research of issues of International Public relations, which are connected with the provision of obligations by duty bearers of foreign countries to use the exported military products from the Russian Federation only for the purposes represented and shall not, without consent of the Russian Federation, re-export or transfer of the equipment to the third countries.
The author examines the legislation in the sphere of military technical cooperation, which regulates the issues of decisions-making of re-export of previously exported military goods to foreign countries and draws a conclusion about the necessity of making amendments to separate legal provisions.
Key words: military technical cooperation, re-export of military goods, End-user Certificate.
15. Problems of observance of the general legal principle of the restoration and protection of the rights and freedoms of man and citizen in the appointment of military personnel to military posts.
Anikushin S.V., Deputy Head of the Acquisition Department of the St. Petersburg Military Institute of the Russian National Guard Troops, Major, firstname.lastname@example.org
Тhe article deals with the content of legal acts regulating the issues of dismissal from military positions and appointment of military personnel to military positions in connection with the initiation of criminal cases against them.
As a result, the author comes to the conclusions about the imperfection of the content of the legal acts under consideration, since their norms do not contribute to the realization by the military of the right to full compensation by the state for damage caused by illegal actions of public authorities or their officials, in cases of termination of criminal cases previously initiated against military personnel on rehabilitating grounds.
In order to solve these problems, the author proposes amendments to the current legislation of the Russian Federation.
Key words: military man, organizational and staff activities, criminal action, rehabilitation, harm.
16. Legal principles of conscription.
Slesarskiy K.I., postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, email@example.com
The article is devoted to the research of legal principles of conscription. The author formulated and analyzed the specific principles which constitute the basis of conscription. In addition to doctrinal understanding the article’s provisions are illustrated by domestic and foreign examples. Although principles of conscription aren’t formulated textually in the norms of conscription law, these principles determine content of conscription law and thereby finding real expression in the law. The author comes to the conclusion about the consistency and balance of conscription’s legal principles.
Key words: legal principle, conscription, conscription law, military service, citizenship.
17. Problems of legal regulation of activity of military clergy in fight (issues of improving legal work).
Ovcharov O.A., candidate of legal Sciences, firstname.lastname@example.org
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 service, military personnel the right to freedom of religion, the military clergy.
18. A meaningless ban and responsibility for its non-fulfillment.
Glukhov E.A., colonel of justice, Candidate of Law Sciences, St. Petersburg military institute of troops of national guard, email@example.com
Тhe article analyzes the norms of legislation on the prohibition of servicemen to engage in other paid activities, except for scientific, creative and pedagogical. The author correlates this prohibition with the activity of leasing (renting) the servicemen's living quarters. On the basis of the above analysis, the author concludes that it is not necessary to apply this prohibition to the relations on the rental of housing (rent).
Key words: serviceman, right to housing, entrepreneurial activity, bans for military personnel, bureaucratic law enforcement, hidden deals.