THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6
ISSUE CONTENTS:
1. Conflict of interests in military organizations: innovations, some problems of qualification, prevention, settlement.
Baranenkova I.V., candidate of legal sciences, pvsvpo@mail.ru Abstract: the Article is devoted to consideration of changes in legislation relating to the qualifications of a conflict of interests, measures for the prevention and settlement of conflict of interests in military organizations, the issues of law enforcement. Keywords: corruption prevention, military service, conflict of interests, essence of conflict of interests, duties of military personnel, measures for prevention and settlement of conflict of interests in military unit.
2. Questions of carrying out of professional psychological selection for admission of citizens to military service.
I.A. Bagdasaryan, PhD in law, associate Professor, 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 legislative regulation of the activities of professional psychological selection in the admission of citizens to military service. Keywords: professional psychological selection, military service, professional suitability of a citizen for military service, military registration specialty
3. To chide or to shoot: the limits of the internal beliefs of the commander in the conduct of the proceedings upon Commission of a disciplinary offense of servicemen.
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 analyzes the limits of the commander's inner conviction when conducting proceedings on the fact of committing disciplinary misconduct by subordinates and the factors that can influence the decision on its results. The author comes to the conclusion that the conviction of the commander is hyperconjugation the category of not having clear criteria, and therefore, it is difficult to check in an external (Supervisory) order. Thus, it is possible to justify decisions based on personal factors and diverging in the interests of military service by internal conviction. Key words: commander's conviction, violation of military discipline, disciplinary offense, proceedings on the fact of committing a disciplinary offense.
4. On some issues of use by the military prosecutor's office and military investigative authorities of information constituting state secrets in the investigation of criminal cases.
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 N.E. Chestnov, Deputy Military Prosecutor, Candidate of Legal Sciences. Abstract. The article analyzes the practice of using information that is a state secret reflected in the decisions of the Constitutional Court of the Russian Federation in the investigation of criminal cases; problems and contradictions in the application of legislation on the protection of state secrets are revealed, conclusions are drawn about the causes of judicial errors. Keywords: criminal liability, servicemen, military criminal legislation, military criminal law, military criminal procedure, state secret.
5. Corruption in public procurement for the needs of the country's defense: responsibility is tightened.
V. M. Koryakin, doctor of law, Professor, Professor of the Military University, Deputy Director of the Legal Institute of the Russian University of transport; R. V. Ivanov, competitor of a scientific degree of candidate of legal Sciences, Military University, pvsvpo@mail.ru Abstract: the article is a scientific and practical commentary to the draft 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" adopted by the state Duma in the second reading. The draft law provides for toughening responsibility for corruption offenses in the sphere of procurement of goods, works and services for state needs, including for the needs of national defense and military security of the state. Keywords: corruption; anti-corruption; procurement of goods, works and services for state needs; “rollback“.
6. To the problem of the fairness of legal regulations in the field of housing relations during the dissolution of a marriage serviceman.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru Annotation: the article gives an analysis of problems in the sphere of housing legal relations with the participation of servicemen that arise after the dissolution of marriage and suggests solutions for their solution. Keywords: military service, serviceman, housing legal relations, divorce.
7. Joint bankruptcy of spouses-former participants of the savings and mortgage system: lack of clear legal regulation and ambiguity of judicial practice.
I.S. Nazarova, Head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military Institute of the national guard of the Russian Federation, associate Professor; 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: the review of bankruptcy cases of individuals reveals such problematic issues that have not yet been resolved at the legislative level. One of them is the joint bankruptcy of citizens. The author notes that for the effective functioning of the institution of bankruptcy of citizens, which would really correspond to the social and rehabilitation goals, it is necessary to carry out a holistic state policy in this area. Key words: bankruptcy of citizens; persons dismissed from military service; spouses; savings and mortgage system.
8. Commanders of military units of notarial actions: preparation, algorithms, features.
V.V. Titov, lawyer, lieutenant colonel of justice (retired) , pvsvpo@mail.ru The article discusses the algorithm by the commission of commanders of the military units of notarial acts, the volume of information required by commanders of military units to commit them. Keywords: algorithm, commanders, military units, notary actions, notary act.
9. The exclusion of military personnel from the registry of participants in the cumulative mortgage system for servicemen on their own.
Kirichenko N. S. major of justice, officer of national guard troops of Russia, pvsvpo@mail.ru Abstract: the article deals with the issue of exclusion of military personnel from the register of participants of the savings and mortgage system of housing provision (who became participants at their request) from the register, in the presence of their will, a brief analysis of legislation and judicial practice on this is-sue, as well as recommendations for improving legislation in this area. Keywords: soldier, military service, housing, military mortgage
10. On the right former military personnel from the republic of Crimea and Sevastopol, and members of their families living quarters.
I.A. Bagdasaryan, PhD in law, associate Professor, 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 topical issues of legal regulation of the order of provision of living quarters permanently residing in the territory of the Republic of Crimea and Sevastopol of certain categories of former military personnel and their families. Key words: the right to provide military personnel with living quarters, the contract of social hiring, military formations of the Republic of Crimea and Sevastopol.
11. About the appeal on military service of the citizens who are earlier exempted from it for health reasons.
Y.O. Sokolov, lawer, Rostov-on-Don, pvsvpo@mail.ru Abstract: the article discusses the grounds of appeal on military service citizens who were previously considered partially fit for military service, exempt from military service and enlisted in the reserve of the Armed Forces of the Russian Federation. Keywords: conscription, draft board, military department, reserve of the Armed Forces, the category of fitness for military service, release from conscription, appeal.
12. Problems of law enforcement practice of dismissal of workers in connection with loss of trust for corruption offenses.
D.E. Zaikov, pvsvpo@mail.ru Abstract: the article examines the legal regulation and peculiarities of the practice of law enforcement of the order and grounds for bringing to disciplinary responsibility for corruption offenses in the form of dismissal for the loss of confidence of employees who replace corruptly dangerous positions. Key words: anti-corruption, workers, employer, dismissal, disciplinary action.
13. The official end of the activities of the ICTY: summary of "informal" results.
I.Y. 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 Annotation: This article discusses the preliminary summary of activities officially terminated criminal proceedings the International Criminal Tribunal for the former Yugoslavia. Key words: The International Tribunal for the former Yugoslavia, war crimes, international criminal law, international criminal justice bodies.
14. The interaction of Russia and the European court of human rights.
A.V. Skovorodko, candidate of the Department of constitutional and administrative law of the national research University Higher school of Economics, pvsvpo@mail.ru Annotation: in this article the generalized results of the author's long-term legal practice on protection of conventional rights in the European Court of human rights are published. The author, on the basis of the analysis of law enforcement practice, made an attempt to assess the effectiveness of this body for the Russian Federation as a whole, and for its citizens in particular, including from among the persons who served in the Armed forces of Russia, in the conditions of legal nihilism and inaction of public authorities. Keywords: inaction of authorities, inaction of court, constitutional right to judicial protection, effective remedies, monetization of conventional rights, European Court of human rights, Convention on protection of human rights and fundamental freedoms.
15. The legal basis for the activities to protect the state border of foreign states by border authorities.
N.V. Kichigin, Senior Researcher Center for Legal Studies, pvsvpo@mail.ru Annotation: The article analyzes the legal sources that regulate the activities of state border protection of foreign states by border authorities. Based on the results of the analysis, the author carried out the corresponding qualification, including one main group and two subsidiary (specific) normative acts. Keywords: legal acts, protection of the state border, legal sources.
16. Legal forms of participation of the German military clergy in raising the moral and psychological state of the troops (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 Annotation: the article briefly considers and analyzes some problems of improving the legal work in the field of Church-state relations, taking into account the experience of Germany, and suggests possible ways to solve them. Key words: military clergy, military service, legal work, religious activities, military-religious relations.