THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8
ISSUE CONTENTS:
1. Certification of citizens staying in stock.
A. A. Gornovskiy, competitor of a scientific degree of candidate of legal Sciences, Military University; V. M. Koryakin, doctor of law, Professor, Professor of the Military University, Deputy Director of the Law Institute of the Russian University of transport, pvsvpo@mail.ru.
The article is a scientific and practical commentary to the order of the Minister of defense of the Russian Federation dated January 29, 2018 № 35 "on approval of the procedure for certification for assignment of military ranks to citizens staying in the reserve of the Armed Forces of the Russian Federation". Some proposals for improving the procedure of certification in the Armed Forces are formulated. Key words: certification; certification Commission; reserve of Armed Forces of the Russian Federation.
2. Legal aspects of dismissal from military service of servicemen using narcotic drugs not for medical purposes.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru
The article gives a brief analysis of the legal resolution of typical situations that arise when military personnel are involved in matters related to drugs or psychotropic substances. Key words: military service, dismissal from military service, narcotic drugs, psychotropic substances.
3. The legal status of the military police of the Armed Forces of the Russian Federation.
S.A. Mintyagov, captain, postgraduate officer of Military administration, administrative and financial law Department of Military University; stas21965@mail.ru
The legal status of the military police of the Russian Federation Armed Forces has been analyzed in the Article. The main elements and attributes of the legal status of the military police are considered. The author's definition of the concept of the military police legal status is formulated. Key words: military police; status; rights; duties; powers.
4. About practical implementation of the right to wear a dagger after dismissal from military service.
Oleg Yu. Petrov, candidate of law, pvsvpo@mail.ru
The article comments on the provisions of Order No. 800 of the Minister of Defense of the Russian Federation of December 28, 2017, designed to regulate legal relations related to the circulation of military cold bladed weapons (daggers) and to ensure the proper implementation of the adopted federal legislation. Key words: military edged bladed weapon, the cutlass, the right to wear military uniforms, the heads of state paramilitary organizations, possession of weapons, possession of weapons, inheritance rights, the Federal body of Executive power authorized in the sphere of turnover of weapon, administrative regulations, the license for the right of storage, carrying of weapons, arms trafficking, the period of stay in the pension liability.
5. On some legal restrictions (prohibitions) of servicemen in the economic sphere.
Manannikov D.Y., сandidate of Law, military lawyer, pvsvpo@mail.ru
Тhe article analyzes the legal boundaries of servicemen in the economic sphere, taking into account the requirements of the legislation on combating corruption, including in the implementation of investment activities. Key words: serviceman, prohibitions, restrictions, investment activity, corruption.
6. Features features of the subjects of military crimes.
Novokshonov D.V., Head of the Department of criminal process and criminalistics of the faculty (team) Saint–Petersburg military Institute of national guard troops of the Russian Federation, candidate of law; Shenshin V.М., 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.n. e-mail: vitya-shen@mail.ru
Тhe article deals with the basic and optional characteristics of the perpetrator. The authors observed that the signs of a special subject (a soldier) in the theory of criminal law have received the name of the optional features in the General notion of corpus delicti, insofar as they are not mandatory for specific crimes. Key words: Sanity, a soldier, age, physical person.
7. Field meetings of military courts in the location of military units: issues of legal regulation of procedures in relation to the need for their improvement.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru
The article analyzes the legal acts and established practice for visiting court hearings held in the location of military units and suggests directions for improving the activities of commanders of military units to be implemented in the corresponding order of the Minister of Defense of the Russian Federation. Key words: visiting court sessions in the location of military units, military courts, legal education of servicemen.
8. What circumstances may lead to the recognition of a citizen who did not pass military service on call without legal grounds?
Y.O. Sokolov, lawer, Rostov-on-Don, Akvilon180028@yandex.ru.
Russian legislation establishes restrictions on employment of citizens in the civil and municipal service, who were found to have failed military service at the call-up without legal grounds. The article deals with the most common reasons for the issuance of draft commissions of such opinions and judicial practice in cases of this category. Key words: conscription, military registration, draft board, military department, state civil service, municipal service, summons, appeal.
9. Employees of military organizations: the legal status needs to change.
D. E. Zaykov
The article examines the legal status of employees of military organizations that replace corrupt and dangerous positions in relation to the legal status of federal state civil servants of the Ministry of Defense of the Russian Federation. Key words: workers, military organizations, civil servants, counteraction to corruption, duties, equality.
10. Regulatory and organizational regulation of medical care to the civil personnel of the Ministry of defence of Russia.
Sogiyainen A.A. – MD; Chicherin L.P. - MD, professor, pvsvpo@mail.ru
This article is devoted to the analysis of the current state of regulatory regulation of medical assistance in military medical organizations to civilian personnel of the Ministry of Defense of the Russian Federation, taking into account judicial practice. The problems of organization of medical care for this contingent are considered, which arose after the release of the order of the chief of the Main Military Medical Directorate of the Russian Defense Ministry No. 111 of October 13, 2017. Key words: medical aid, military medical organizations, civilian personnel.
11. Features of the competence of the border authorities and the classification of their powers in the field of protection of the state border of foreign States.
Kichigin N. V. senior researcher, center for legal studies, pvsvpo@mail.ru
Тhe article analyzes the views of scientists of civilists on the concept of "competence" and "authority". The features of the competence of the border authorities carrying out the protection of the state border of foreign States, as well as the classification of their powers. Key words: Border authorities, protection of the state border of foreign States, competence.
12. Admissibility of intervention by command in the personal life of subordinates.
Glukhov E.A., Colonel of Justice, Candidate of Legal Sciences, St. Petersburg; Chukin D.S., lieutenant colonel of justice, Saratov, pvsvpo@mail.ru
The article analyzes the current situation of the incursion of co-mandanda into the private life of subordinates. Typical examples of command actions related to the invasion of the private lives of subordinate military servicemen are given. Key words: private life, individual sovereignty, serviceman, interference in private life, balance of interests, personal secret, personal and official time, commander's control, work-life balance.
13. The powers of border authorities to enforce administrative coercieve measures: theory and practice of legal regulation.
Svininikh O.Y., candidate of legal sciences,А solicitor of law department of the Centre of Russian Law Studies «Aquitas», pvsvpo@mail.ru
The article is devoted to researching the legislation in regard to the powers of border authorities of enforcement administrative coercieve measures. The author reveals a number of problems, arising in law enforcement practice and in legal regulation of administrative coercieve measures and offers the ways of solutions. Key words: border guard authorities, administrative coercieve measures, administrative discretion, insignificance of the offence, the use of weapons by border authorities.
14. Current state and ways of improving the law enforcement activities of border agencies at border crossing points.
Tuganov Yu. N., honored lawyer of the Russian Federation, doctor of legal Sciences, Professor, academician of RANS, Professor of the Russian customs Academy; Venchikov D.A., А solicitor of law department of the Centre of Russian Law Studies «Aquitas», competitor of a scientific degree of candidate of legal Sciences, pvsvpo@mail.ru
The article discusses the current state of law enforcement activities of border authorities at checkpoints: the regulatory legal framework governing this activity; theory and practice, scientific support and some other areas of activity. Directions of improvement of law enforcement activities of border authorities at checkpoints are justified as ways to eliminate the identified shortcomings. Key word: Law enforcement, normative legal acts, international treaties, border crossing points, theory and practice of law enforcement, border activities, border control, procedural activities, operational activities.
15. The concept of " military clergy" and the problems of its legal consolidation (issues of improving legal work).
Ovcharov O.A., candidate of legal Sciences, o.oleg.1968@mail.ru
The article briefly discusses and analyzes some problems of improving the legal work in the field of Church-state relations in terms of clarifying the legal concept of "military clergy", offered its essential features. Key words: legal work, military clergy, the right of military personnel to freedom of religion, military service, defense.