THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. Changes in the order of passage of alternative civil service.
V. M. Koryakin, doctor of legal Sciences, Professor, Professor of the Military University, pvsvpo@mail.ru
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: medical examination; military duty; military service.
2. Organizational-legal bases of activity of the military police of the Armed Forces of the Russian Federation: changes in legislation.
S.A. Mintyagov captain, postgraduate officer of Military administration, administrative and financial law Department of Military University; P.M. Ivanov teacher of Military administration, administrative and financial law Department of Military University, PhD in military sciences, associate Professor, pvsvpo@mail.ru
Тhe article presents a scientific and practical commentary to some provisions of the decree of the President of the Russian Federation from 22.01.2018 No. 16. This act legislatively introduce military police units, which are part of military units (connections), the location, and the duties and powers of the commanders of such units. Key words: military police; сharter duties; powers.
3. The register of persons who have lost confidence: problems of formation.
Tuganov Yu.N. honored lawyer of the Russian Federation, doctor of legal Sciences, Professor, academician of RANS, Professor of the Russian customs Academy, pvsvpo@mail.ru
In the article, the authors explore such legal institution of anti-corruption - the Registry of persons dismissed in connection with loss of trust. Discusses novella, as amended by the Federal act of 1 July 2017 No. 132-FZ Federal law to Federal laws, including the Federal law "On military duty and military service". Identified legal defects of procedure procedure of entering persons in the register and the options to address them. As well as the possibility of applying this procedure to the military. Key words: corruption, a soldier, civil servant, the loss of confidence.
4. Expanding of the list of the banks carrying out the payment of military pensions.
E.E. Ananyeva captain of justice, pvsvpo@mail.ru
The article is a review to a new norm of military pension legislation related to the expansion of the list of the banks carrying out the payment of pensions to the persons passing military service, and members of their families. Key words: pension legislation, the military pensioner, the Bank.
5. Actual questions of payment of monetary compensation instead of providing additional days of rest when military personnel perform special tasks in the territory of the Syrian Arab Republic (based on the materials of judicial practice).
Manannikov D.Y., сandidate of Legal Sciences, pvsvpo@mail.ru
In the article urgent issues of monetary compensation are considered instead of providing additional days for servicemen in the performance of special tasks in the territory of the Syrian Arab Republic, on the basis of the practice of military courts, explanations of the requirements of the current legislation are given. Key words: monetary compensation, additional days of rest, military service
6. Specificity of monetary allowances and wages in the context of collecting money from a soldier: the legality and analogy of decisions.
Kharitonov SS, Candidate of Law, Professor, pvsvpo@mail.ru
Тhe article compares the legal nature of the monetary allowance of a serviceman and the salary of an employee and justifies the erroneous application of the norms of labor legislation in terms of the analogy of the monetary allowance of servicemen and the salary of an employee as a reason for refusing the demands of the financial bodies of the Ministry of Defense of Russia to return money to the federal budget. Key words: money allowance of servicemen; employee's salary; return to the budget of funds
7. Commentary to the Federal Law "On Amending Article 228.1 of the Criminal Code of the Russian Federation" of December 31, 2017 No. 494-FZ.
Y.N. Eermolovich Doctor 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 comments on the Federal Law of December 31, 2017 No. 494-FZ "On Amending Article 228.1 of the Criminal Code of the Russian Federation", the author gives legal and scientific assessment of the adopted law, identifies the problems of the current legislation, suggests ways to solve them. Key words: criminal liability, servicemen, military criminal legislation, military criminal law, military law, military legislation, drug trafficking.
8. On the goals of the criminal justice procedural activities of screens of military units at the stage of initiation of criminal proceedings.
Yu.N. Tuganov honored lawyer of the Russian Federation, doctor of legal Sciences, Professor, academician of RANS, Professor of the Russian customs Academy; A.V. Ponomareva Fellow, Centre for the study of problems of Russian law «Ekvitas», pvsvpo@mail.ru
In the article the essence of the stage of initiation of criminal proceedings, its importance in the implementation of the objectives of criminal justice. The results of a sociological survey, carried out by the author snow, that the doctrinal value of stage of initiation of criminal proceedings is differs from its understanding, which has developed among law enforcers. To determine the reasons for this contradiction, the author analyzes the approaches to determining the stage of initiation of criminal proceedings, established in the legal science, as well as a comparison of the restrictions that a person can be subjected to at various stages of pre-trial proceedings. In conclusion, the author justifiers the thesis that the stage of initiation of criminal proceedings is on the one hand procedural guarantee of the person from illegal criminal prosecution, and with another means to optimize the preliminary investigation bodies. Key words: screens of military units, stage of initiation of criminal proceedings, purpose, criminal proceedings.
9. The issues of legal regulation of voluntary preparation of citizens to military service (a comment to the Decree of the President of the Russian Federation from 27.12.2017 N 637 «About modification of some acts of the President of the Russian Federation»).
I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation.
Тhe article discusses changes in the legal regulation of the issues of training of sergeants, petty officers, soldiers, sailors reserve for the education and training programs. Key words: military training of sergeants, petty officers of the reserve, soldiers, sailors; training; military training; medical examination; Military oath
10. The quorum for a meeting of the draft board - a condition of the legitimacy of its decisions.
Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru
The article discusses the established by the legislation on military service and alternative civil service requirements for the numerical composition of draft boards in the conduct of its meetings in matters of their competence. Given the judicial practice of appeal decisions and conclusions of the commissions made in the absence of a quorum. Key words: draft board, quorum, alternative civil service, military conscription, military department, appeal.
11. The composition of the offence under article 21.3 of the Russian code of administrative offences.
Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru
The article discusses the administrative offense of "untimely submission of information about changes in the composition of permanent residents or the citizens staying more of three months in the place of temporary stay, consisting or obliged to consist on the military account". Key words: military department, military registration in organizations, military obligation, administrative offence, administrative responsibility of officials.
12. Features of the mechanism of legal regulation of the protection of state borders of foreign states, border agencies of the Federal Security Service.
Kichigin N.V. researcher, Center for Legal Studies, pvsvpo@mail.ru
The peculiarities of the mechanism of legal regulation of the protection of state borders of foreign states, border guard agencies of the Federal Security Service (Border Guard of the Russian FSB in the Republics of Armenia, Abkhazia and South Ossetia) are considered. The analysis of various positions of scientists to the concept of "mechanism of legal regulation" is carried out. The main stages of the mechanism of legal regulation of protection of state borders of foreign states are singled out and their brief characteristic is given. Key words: border authorities, mechanism of legal regulation, international treaty (agreement), protection of state borders of foreign states.
13. Bureaucratic soccer … Or about incomplete restoration rights of the military personnel for the dwelling warships.
Glukhov E.A., Candidate of Law Sciences, colonel of justice, pvsvpo@mail.ru
In article practice of consideration by warships of all statements of the military personnel for protection of the social rights only as contest of actions and solutions of command is analyzed. As a result the military personnel is deprived different judicial ways of protection of the rights. Military courts, resolving such disputes, even recognizing actions of command as illegal and violating the rights of the applicant, don't resolve a question of his civil law, and only oblige the most administrative defendant to consider the claimant's request independently anew. Key words: the social rights, the military personnel, a way of protection of the right, restoration of the violated right in full, impunity of officials, bureaucracy, military court, the choice of a way of judicial protection
14. Legal work on combating religious hatred and enmity in the army with the participation of chaplains.
Ovcharov O.A., candidate of legal Sciences, lecturer of the Department of military administration, administrative and financial law Military University of the Ministry of defence of the Russian Federation, pvsvpo@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, religious strife, military clergy, military service, religious strife.
15. The legal status of the Environmental Service of the Armed Forces of the Russian Federation.
D.I. Lychev, Ph.d. student of the Law Institute of Russian University of Transport (MIIT) , pvsvpo@mail.ru
In this article, aspects of the legal status of the Environmental Service of the Armed Forces of the Russian Federation are examined. Within the framework of the topic, the issues of servicemen's rights to a favorable environment will be touched upon while serving in the Armed Forces of the Russian Federation. Also, the topic of legal regulation in the liquidation of environmental disasters by the Ministry of Defense of the Russian Federation will be explored. Key words: Regulations on the Environmental Service of the Armed Forces of the Russian Federation, the rights of the serviceman, environmental law, constitutional rights.