THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4


 ISSUE CONTENTS: 

 

1. The Ministry of defence develops the departmental normative legal base of counteraction of corruption.

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, pvsvpo@mail.ru

Abstract: the article presents a scientific and practical commentary to the three orders of the Minister of defence of the Russian Federation, directed on regulation of questions of execution of military personnel and those civilian personnel of the Armed Forces of additional duties, observance of prohibitions and restrictions in order to prevent corruption offenses.   Keywords: corruption; prevention of corruption offenses; control over income and expenses; notification of the facts of inducement to commit corruption offenses.

 

2. The ministry of defence has eliminated the legal gaps in some questions order of passage of military service.

I.A. Bagdasaryan, PhD, head of Department of military law Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru

Abstract: the article discusses the features of legal regulation of the powers of personnel bodies of the Armed Forces of the Russian Federation to prepare orders for appointment to military positions of military personnel who graduated from military schools in military accounting specialties ensigns (midshipmen). Topical issues of admission to the state secret of certain categories of military personnel are considered.  Keywords: training of military personnel with secondary vocational education, personnel bodies of the armed forces of the Russian Federation, military personnel at the disposal of the commander of the military unit, admission to state secrets.

 

3. Development of legal regulation of anti-corruption in the orders of the Minister of Defense of the Russian Federation.

D.Zaikov, Candidate of Legal Sciences, pvsvpo@mail.ru

Abstract: In the article the author considers a number of orders of the Minister of Defense of the Russian Federation regulating certain aspects of anti-corruption relations, and also assesses the quality of their legal technique. Keywords: counteraction to corruption, servicemen, expenses, cadre body, notification.

 

4. About features of legal regulation of the personnel policy in the armed forces 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, pvsvpo@mail.ru

Abstract: the article deals with the peculiarities of legal regulation of the issues of improving the quality of work with the personnel of the Armed Forces of the Russian Federation by establishing the obligation of citizens entering military service under the contract, as well as servicemen undergoing military service under the contract, information about the placement in the information and communication network "Internet" of their personal data.  Keywords: military service, personnel control, information about publicly available information on the Internet, personal data, responsibility of servicemen.

 

5. Criminally-legal protection of the order of execution of the state defense order. Commentary to the Federal Law "On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation" dated December 29, 2017 No. 469-FZ.

Y.N. Eermolovichб 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

Abstract: The article comments on the Federal Law No. 469-FZ of December 29, 2017 "On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation", the author gives a legal and scientific assessment of the adopted law, identifies the problems of the current legislation, suggests ways to solve them.  Keywords: criminal liability, servicemen, military criminal legislation, military criminal law, military law, military legislation, state defense order.

 

6. Separate issues of criminal liability for crimes under article 333 of the Criminal Code of the Russian Federation.

N.E. Stepanenko, Associate Professor of the Department Criminal Law, Candidate of Legal Sciences Military University; A.Yu. Kolesnikov, military lawyer, pvsvpo@mail.ru

Abstract: The article deals with the problematic issues of application of Article 333 of the Criminal Code of the Russian Federation, as well as proposals on changing a number of the norms of Chapter 33 of the Criminal Code of the Russian Federation.  Keywords: one-man management, subordination, superior, other person performing the duties of military service entrusted to him, delineation, qualification, ordinary crimes.

 

7. Legislation on price formation in the sphere of state defense order: results of Russian Government’s regulations systematization.

Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru

Abstract: The author assesses new Provision on state regulation of prices for products acquired under the state defense order. The goal of its passage in 2017 is systematization of the whole set of rules approved by a large number of Russian Government legal acts. In the article author critically evaluates the Russian Government’s measures to encourage organizations of the military-industrial complex to reduce production costs and limit the growth of prices for defense products. Other legal novelties in the field of price formation within the framework of the state defense order are reviewed.  Keywords: government procurement; defense procurement; price formation; products of military purpose

 

8. On the importance of some military command authorities in the procurement system of the Armed Forces of the Russian Federation.

S.S. Kharitonov, Candidate of Law, Professor, pvsvpo@mail.ru

Abstract: The article briefly analyzes the powers of the central bodies of military command to provide troops with material means within the framework of the federal contract system.  Keywords: contract work, state needs, military command and control units, military units.

 

9. About some features of realization of special legal status by workers of offices of military courts of the Russian Federation.

Demyanenko A.S., applicant of department of the organization of judicial and law-enforcement activity of the Russian state university of justice, demyanenko.aleksander2017@yandex.ru

In the present article the author has made the short review of the questions connected with features of implementation of legal status by workers of offices of military courts of the Russian Federation.  Keywords: legal status; military court; office of court; court staff; public civil service.

 

10. Features of assignment of military ranks in the certifying order to the citizens staying in the reserve of Armed Forces of Russian Federation.

Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru

The article gives an overview of the order Of the Minister of defence of Russian Federation from 29.01.2010 № 35 «About the statement of the order of carrying out certification for assignment of military ranks to the citizens staying in the reserve of Armed Forces of Russian Federation». The author considers features of carrying out this type of certification: procedures, standard terms and circumstances on which delivery of this or that conclusion depends.   Keywords: reserve of the Armed Forces, military rank, certification, military department, statement of the citizen.

 

11. The consequences of establishing that a citizen illegally has not passed military service on an appeal.

Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru

Abstract: The article gives a general description of prohibition to pass the state civil and municipal service the citizens who illegally did not passed a military conscription. Discusses changes in legislation in July 2017.  Given the judicial practice of appealing against the findings of draft boards.  Keywords: conscription, draft board, military department, state civil ser-vice, municipal service, appeal.

 

12. Russia and the ICC: prospects for cooperation without the involvement of.

I.Yu. Belyy, Doctor of Law, Professor of the Civil Law Department of the Military University of the Ministry of Defense of the Russian Federation, pvsvpo@mail.ru.

Abstract: this article discusses specific issues relating to the activities of the International Criminal Court and the possibility of cooperation Russia's with the ICC.  Keywords: The Rome Statute of the International Criminal Court, Russia's cooperation with the International Criminal Court.

 

13. Paradoxes of protection by the European court of human rights by the inaction of the public authorities in Russia.

A.V. Skovorodko, Postgraduate Student, Department of Constitutional and Administrative Law, National Research University Higher School of Economics, pvsvpo@mail.ru.

The article presents new results of his scientific experiment on overcoming of legal nihilism of the state bodies of the Russian Federation in the implementation of the Russian citizens of the right to execution of an enforceable judicial decision, as an integral part of the constitutional guarantee of judicial protection.  Keywords: inaction of the authorities, the European court of human rights, the constitutional right to judicial protection, the right to execution of judicial decisions, Convention for the protection of human rights and fundamental freedoms (the Convention), "pilot judgment", the system issues effective remedies, paradoxes of the ECHR.

 

14. Legal basis of activity of military clergy of Germany (questions of improvement of legal work).

O.A. Ovcharov, 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 discusses and analyzes some problems of improving legal work, taking into account the experience of Germany in the field of Church-state relations in the defense sphere, as well as legal means to improve the conditions of military clergy, and suggests possible ways to solve them.  Key words: legal work, military clergy, military service, unity of command.

 

15. About a ratio of a mushtra and front training … or as minor can develop into the main thing.

E.A. Glukhov, Candidate of Law Sciences, colonel of justice, pvsvpo@mail.ru

Abstract: in article the value of drill for increase in combat readiness of military formations and professional training of the serviceman is analyzed. Drill origin, historical examples about the relation of the top officials of the state to front preparation, value of drill for conducting combat operations, expenses of time for preparation for parades and front reviews is studied. The concepts "mushtra" and "drill" are compared. The author comes to a conclusion about need of differentiation of the allowed time for drill depending on a position and the serviceman's period of service.  Keywords: drill, a mushtra, combat readiness, main and minor, the serviceman, a parade, front reviews, the veiled punishments, education of subordinates.