THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7

  ISSUE CONTENTS:

 

1.  Ensuring the legality of the activity of commanders for the discharge of military servicemen from military service.

S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru  Abstract: The article analyzes the issues of law enforcement practice on the part of commanders (chiefs) in the sphere of passage and dismissal from military service in relation to servicemen who pass military service under a contract. Key words: military service, serviceman, military service on contract, dismissal from military service

 

2.  Regulations on the Legal Service of the Armed Forces of the Russian Federation: New Legal Regulation.

The article deals with the Regulations on the Legal Service of the Armed Forces of the Russian Federation, approved by Order No. 700 of the Minister of Defense of the Russian Federation of November 14, 2017.  Key words: legal service, legal support, duties, rights, positions.

 

3. The possibility of dismissal of a serviceman for not related to the performance of duties of military service.

Gluкhov E.A., Candidate of Legal Sciences, Colonel of Justice, Deputy Head of the Department of the St. Petersburg Military Institute of the Russian National Guard Troops, pvsvpo@mail.ru    Abstract: in an article on the example of a litigation, the possibility and lawfulness of applying negative sanctions to servicemen for committing offenses that are not related to the performance of military service duties are analyzed. The author delineates the private and official activities of the serviceman, points out the permissible limits of the intervention of the command in the unofficial activities of the serviceman. In addition, arguments are given about the inadmissibility of dismissing a serviceman for administrative offenses, for which he had already been punished earlier in an administrative order.  Key words: dismissal of servicemen, administrative offenses, refusal of examination, repeated punishment, personal life, attestation commission, loyalty to management, discretion, arbitrariness, bureaucratic procedures.

 

4.  Actual problems of legal regulation of application of measures of ensuring production on cases of administrative offenses by the military personnel and the staff of troops of national guard of the Russian Federation.

Nazarova I.S.  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, K. Yu.H.associate Professor; Шеншин В.М., Shenshin V.M. Deputy 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, K. Yu.H. e-mail: vitya-shen@mail.ru   Abstract: the article deals with topical issues of legal regulation of the application of measures to ensure the production of cases of administrative offenses by military personnel and military personnel of the national guard of the Russian Federation.  Key words: administrative offenses; national guard troops; measures to ensure production.

 

5. On some legal aspects of reimbursement for military and special training of military personnel, expelled from military universities.

S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru   The article analyzes typical situations that arise in the practice of the command of military higher educational institutions when reimbursing the costs of military and special training of military personnel expelled from military higher educational institutions.  Key words: military service, serviceman, training in a military higher educational institution, material responsibility of servicemen.

 

6.  On the issue of the objective side of the violation of the rules of flight and preparation for them.

Ermolovich Y. N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation»; Ivanov A.L., Candidate of Legal Sciences, docent, Head of the Department of Criminal Law and Criminology of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», pvsvpo@mail.ru   The article reveals the negative and positive trends in the development of this kind of crimes committed by servicemen, as a violation of flight rules and preparations for them, the issues of the qualification of the specified crime are analyzed about the objective side, conclusions are made about the causes of the development of certain revealed crime trends of servicemen for the specified crime.  Key words: criminal liability, servicemen, military criminal legislation, military criminal law, violation of flight rules.

 

7.  The difference of the legal positions of judges in decision-making.

Chipiga I.V. , pvsvpo@mail.ru   The article deals with the various legal positions of judges in decision-making. The difference in the use of military judges of the Constitutional Court, the Supreme Court and the European Court of human rights.  The difference in legal position is calculated in percent.   Key words: constitutional law, international law, european law, military court, legal position of a judge, expert survey, sociological research.

 

8.  Military draft during the process of enrolling in Master’s and Ph.D programs, judicial approaches.

D.S.Boguslavskiy, student in the Faculty of Law at the Lomonosov Moscow State University, boguslavskiy.ds@gmail.com

The article deals with the problem of justification of military draft of graduating citizens during their enrolment in Master’s and Ph.D programs. The author explores the cause of the problem, analyses judicial approaches and suggests possible solutions.  Key words: higher education, draft deferment, post-graduate vacation, army conscription commissions, judicial practice.

 

9.  Duties and responsibilities of employers in the field of alternative civil service.

Y.O. Sokolov, lawer, Rostov-on-Don, , pvsvpo@mail.ru   The author considers the duties of heads of organizations in which citizens do alternative civil service and grounds for attracting employers to various types of liability.  Key words: alternative civil service, employment contract, obligations of the employers, responsibility.

 

10.  International legal regime of the Black sea Straits.

Petrov O.Y., candidate of legal Sciences, pvsvpo@mail.ru   Abstract: the article deals with the international legal aspects of the implementation of naval activities of States in the oceans, in the implementation of operations to counter terrorist threats, the rules of navigation of ships in the international Black sea Straits, analyzed the provisions of the Montreux Convention, 1936, the status of the Republic of Turkey in international Maritime law.  Modern international features of military navigation, rules of the international law of the sea regulating navigation in Straits, features of implementation of military navigation in the Black sea Straits in different periods determined by the international situation. The aspect of necessity of actualization of separate provisions of the Montreux Convention is revealed. Key words: international Maritime law, international conventions, warship, international terrorism, Black sea Straits, aircraft carriers, submarines, battleships, coastal States, peaceful passage, notification, right of stay, non-black sea States, Bosphorus, Dardanelles.

 

11.  On the issue of creating a single for all Federal public authorities, which provide for military service, a normative legal act regulating the procedure for administrative investigations.  

Azovtsev A.A., Lieutenant Colonel, adjunct of The military University of the Ministry of Defense Russian Federation, pvsvpo@mail.ru  The article considers the issue expediency of publication of a single regulatory legal act regulating the procedure of administrative investigation for all departments, which provide for military service.  Кey words: military, military service, administrative investigation, unification.

 

12. A criterion of confidence for the employee of law enforcement agencies and military police in the aspect of countering extremist activities and financing extremist activities.

13.  Contractual and legal bases of activity of military clergy of Germany (questions of improvement of legal work).

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, o.oleg.1968@mail.ru   The article briefly considers and analyzes some problems of improving the legal work in the field of Church-state relations in the implementation of commanders and military clergy of their powers in the religious sphere and suggests possible ways to solve them, taking into account the experience of Germany.  Key words: legal work, contractual relations, military clergy, military service, religious activities.

 

14. On the role of the Federal security service border guard authorities in combating cross-border crime involving the manufacture or sale of goods and products, the performance of works or the provision of services that do not meet security requirements.

Kichigin N.V,  senior researcher, Centre for legal studies; Guzowaty I. I., researcher, Center for studies of law ekvitas, pvsvpo@mail.ru     Abstract: the article deals with the issues of criminal prosecution of persons involved in the Commission of crimes under article 238 of the Criminal Code of the Russian Federation. The issues of the work of officials of the border authorities of the Federal security service to identify at checkpoints across the state border of the Russian Federation persons trying to import into Russia a non-Smoking tobacco mixture "nasvai".   Key words: border authorities, protection of the state border, criminal liability.The implementation by the inquiry officer of the military unit of authority in the detection of signs of crimes: an algorithm and a sequence of actions.