THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. Professional psychological selection of candidates for military service: innovations in legal regulation.
V. M. Koryakin, doctor of legal Sciences, Professor, Deputy Director of the Law Institute of the Russian University of transport, Professor of the Military University, pvsvpo@mail.ru
Abstract: the publication is a scientific and practical commentary to the Federal law of March 7, 2018. No. 55-FZ, which introduced significant changes to the Federal law "On military duty and military service" concerning the organization of professional psychological selection of candidates for military service at the call and under contract, as well as the citizens arriving on training in military educational institutions, military training centres at Federal state educational institutions of higher education and military departments of these educational institutions. Key words: military duty; military service; professional psychological selection.
2. About the conclusion with the serviceman of the new contract on military service in the presence of the criminal case brought concerning it.
N.S. Kirichenko, lawyer, pvsvpo@mail.ru Abstract: the article considers the issue of possible absence in the current legislation of the mechanism of restoration of the right of the serviceman to continue military service in case of his dismissal due to initiation of criminal proceedings and its subsequent termination on rehabilitating grounds. Key words: soldier, military service, new contract, dismissal, criminal case, rehabilitation, restoration of rights.
3. Оn some aspects of attracting military personnel to liability.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru Abstract: The article analyzes controversial questions of law enforcement practice in the sphere of monetary allowance of servicemen and granting them separate payments. Key words: military service, serviceman, pay for servicemen.
4. The legislator has eliminated the spaces in the order of payment of salaries and wages in foreign currency to persons engaged in official business or labour duties outside the territory of the Russian Federation (the comment to the federal law of march 7, 2018 N 44-FZ «On amendments to articles 9 and 12 of the Federal law «On currency regulation and currency control»).
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 issues of legal regulation of the procedure for payment of monthly official salary with allowances, monetary maintenance, monetary allowance, official salary and allowance to the official salary, salary and other amounts in foreign currency to persons performing official or labor duties outside the territory of the Russian Federation, in connection with the expansion of the list of permitted foreign exchange transactions between residents. Key words: resident, monetary operation, foreign exchange control, military pay, foreign currency, performance of professional duties or employment outside the territory of the Russian Federation.
5. For whom the deduction is not a deduction-but an addition (on the possibility of using the military tax deductions to increase their income).
Koprov V.M. Senior lecturer Department of automation and computer tools of the Yaroslavl higher military school of air defense, lieutenant-colonel, Ph.D. in Economics, pvsvpo@mail.ru The article considers the possible cases of the use of military and civilian personnel of the Armed Forces of the Russian Federation tax veterinarians provided by the legislation of the Russian Federation to increase their income, provides specific examples of the use of tax veterinarians and the algorithm of actions in choosing different options for taxation of their income. Key words: the tax to incomes of physical persons, tax benefits, tax deduction, tax Declaration.
6. The implementation by the inquiry officer of the military unit of authority in the detection of signs of crimes: theoretical and practical aspects.
Kichigin NV, Senior Researcher Center for Legal Studies. Golodnev E.N., Research Fellow Center for Legal Studies. Abstract: The article deals with the features of the production of inquiry in military units, the procedure, the algorithm and the sequence of actions of the commander of the military unit and the investigator are examined in case of detection of signs of crimes. The paper identifies a problematic issue related to the lack of authority of an investigator of a military unit in the process of issuing one of the procedural decisions, due to the lack of the necessary powers specified in the Code of Criminal Procedure of the Russian Federation. Key words: Commander of the military unit, inquiry, verification of the crime report, military inquirers.
7. Sale of narcotic drugs, psychotropic substances or their analogues in the territory of military units: problems of qualification.
Chukin D. S., lecturer of the Department of criminal procedure and criminology of the Saratov military order Zhukov of the red banner Institute of the national guard of the Russian Federation, lieutenant colonel of justice, dchukin@yandex.ru Summary: the article discusses palliatively changes in the criminal code of the Russian Federation, in establishing liability for sale of drugs, psychotropic substances and their analogues, committed in the territory of the military unit. The absence of monotonous understanding of the definition of "territory of military unit"is stated. It is concluded that the changes should be supplemented by an indication of the "duty station". Key words: sale of narcotic drugs, territory of military unit, place of service.
8. Involvement in economic turnover as a method of real estate management of military organizations.
Smorchkova L.N., Doctor of Juridical Science, Associate Professor, Lead Researcher of the Sector of administrative and budgetary law of the Institute of State and Law of the Russian Academy of Sciences; Eremeev V.Y., pvsvpo@mail.ru Abstract: the article deals with the issues of involvement of military organizations in the economic turnover of real estate objects through the implementation of investment projects in their respect; the main problems complicating the involvement of military organizations of real estate objects in the economic turnover on investment terms; the author's vision of the main stages of the implementation of investment projects on the involvement of real estate in the economic turnover. Key words: real estate, military organization, involvement, economic turnover, investment activity
9. The legal status of citizens, passing alternative civil service.
Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru The article gives a description of the legal status of citizens who undergo alternative civil service. The norms of the Labor code of the Russian Federation and special legislation on the rights, duties and responsibilities of these citizens are considered. Key words: alternative civil service, employment contract, rights and obligations of the employee, responsibility.
10. 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.
11. The implementation of the legal regime of use and protection of atmospheric air military units of national guard troops: the urgency of the problem and legal regulation.
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, pvsvpo@mail.ru Abstract: Atmospheric air, land and water are those types of natural resources, which are the main anthropogenic impact, including military units – legal entities. In the presented article the author considers some features of the military units of the legal regime of use and protection of atmospheric air. The author analyzes the court practice regarding the procedure of bringing legal entities to administrative responsibility for administrative offenses in the field of causing damage to atmospheric air. Key words: administrative responsibility, air, military unit, the legal regime of use and protection of natural resources, environmental safety.