THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9


   ISSUE CONTENTS:

 

1. Legal status of military personnel: the problem of security in modern Russia.

Kudryavtsev I. V., adjunct of the St. Petersburg Institute troops of the national guard of Russian Federation, St. Petersburg, pvsvpo@mail.ru

The article analyzes the problems of ensuring the legal status of servicemen in modern conditions in Russia.  Key words: Russia, serviceman, legal status, problems.

 

2.  Disciplinary practice – a legal tool to strengthen military discipline.

Polunin S.V., Head of the Department of Constitutional and Administrative Law, Novosibirsk military institute named after general of the Army I.K. Yakovlev troops of the National Guard of the Russian Federation, Colonel of Justice, pvsvpo@mail.ru

Annotation: the activity of commanders (chiefs) to maintain and strengthen military discipline depends on the effectiveness of disciplinary practice. The effectiveness of the functions of disciplinary practice is determined by the observance of the principles of implementation of the disciplinary power. Key words: military discipline, disciplinary power, disciplinary practice, encouragement, punishment, coercion, function, principles.

 

3.  Improvement of conscription’s legal regulation in the Russian Federation.

Slesarskiy K.I., postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, pvsvpo@mail.ru

The article is devoted to problems of conscription’s legal regulation of Russian citizens. The author analyzes the delimitation of jurisdictional subjects between the Russian Federation and the subjects in the sphere of conscription. In addition, there is an aspect of correlation between laws and subordinate regulations. Key words: conscription, conscription law, mobilization, deferment from military service.

 

4.  Legal responsibility of the military personnel: the concept, types, prospects of development.

Bruyako A.N., Head of legal services of a military unit 3214 internal troops of the Ministry of Internal Affairs of Republic of Belarus, major of justice, pvsvpo@mail.ru

In article the analysis of legal regulation of legal responsibility of the military personnel in Republic of Belarus is made, studying of problems in this direction is carried out, the separation of legal responsibility of the military personnel is determined by her main types, the main directions on entering and change of offers into the legislation of Republic of Belarus in the explored sphere are developed. Key words: military service, legal responsibility, serviceman.

 

5.  Cash payments to servicemen: legislation and practice of its application in the context of ensuring the rule of law.

S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru

The article analyzes complex issues of law enforcement practice in the field of monetary allowance of servicemen and granting them separate payments. Key words: military service, serviceman, pay for servicemen, payments to servicemen, legality.

 

6.  Problems of observing the general legal principle of equality in the exercise by soldiers of the right to receive education in military educational institutions of higher education of the troops of the National Guard of the Russian Federation.

Anikushin S.V., Deputy Head of the Acquisition Department of the St. Petersburg Military Institute of the Russian National Guard Troops, Major, pvsvpo@mail.ru

Annotation: the article deals with the organizational and legal foundations of the military education system and its receipt in the Russian Federation. A comparative analysis of legal acts that determine the procedure and peculiarities of the realization of the right to education in military educational institutions of higher education of the troops of the National Guard of the Russian Federation and Ministry of Defense citizens and military personal. 

 

7.  On the issue of the formation of a "credit tail" for a serviceman-participant of the accumulative mortgage system of housing provision.

Manannikov D.Y., сandidate of Legal Sciences, military lawyer

Annotation: the article is devoted to the study of the issue of debt formation under the loan agreements of military personnel who exercised their right to purchase a dwelling in the framework of the accumulative mortgage system of housing provision. Key words: military man, housing, military mortgage, banks, debt.

 

8.   Termination of the contract of employment of office premises and eviction of citizens from office premises of the specialized housing stock of Federal security service of the Russian Federation.

Kazakov D.A., Specialist of the Legal Department of the Center for Russian Law Research «Equitas», pvsvpo@mail.ru

Annotation: This article is devoted to theoretical and practical issuies, connected with cancellation and dissolution of tenancy contract of living business premises and further eviction of citizens out of living business premises, serving as functions of FSB specialized living fund managment.  Key words: FSB of Russia, specialized housing stock, office accommodation, cancellation and dissolution of tenancy contract of living business premises, eviction of citizens out of living business premises, judicial practice.

 

9.  About some features of implementation of purchases for needs of national defense and security of the state.

Samoylov A.V., researcher, Center for legal studies, pvsvpo@mail.ru

The article analyzes the amendments to the legislation on the contract system in the field of procurement, providing for a change in the order of procurement procedures by some categories of state customers for needs of national defense and security of the state. Key words: public procurement, contract system in the field of procurement, procurement for needs of national defense and security of the state, closed auction, the efficiency of procurement, competitiveness.

 

10.  On the issue of the concept of state defense order and its legal nature.

Slavinsky P.V., postgraduate student of the Financial Law Department of the Russian State University of Justice employee of the FAS Russia, pvsvpo@mail.ru

Summary: The article provides a detailed analysis of the content of the definitions of the state defense order already available in science and domestic legislation, on the basis of which the author proposes his own definition of this category. Key word: state defense order, contract system, procurements, national defense.

 

11.  On restriction of  access to information about  procurement of goods, works and services for ensuring state defense and security.

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

The authors consider the legal norms of the Decree of Russian Government No. 1428 of November 27, 2017, which are aimed at limiting of the open access to information about the procurement of some Russian defense and security departments and services. The comparison of these norms and the provisions of the Act on the contract system allowed to conclude that the Act doesn’t include specific rules about procurement procedures in the situation when the procurement information is not sensitive. If the Act on the contract system is not amended, the absence of these rules could have a negative impact on the effectiveness of the defense and security procurement. Except that the authors propose the measures required to improve the level of protection of defense and security procurement information. Key words: government procurement; e-procurement; defense and security procurement; procurement procedure; defense contract; sensitive contract.

 

12.  Features of calculation of the period of alternative civil service.

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

The article gives a general description of the order of calculation of the term of alternative civil service, considers the periods that are not counted in the peri-od of service, and the grounds for early dismissal.  Key words: alternative civil service, term of service, dismissal.

 

13.  Remuneration of persons of the civil personnel of military units for work in the day off and (or) non-working holiday shall include all compensatory and stimulating payments provided by the system of remuneration established for them.

Koryakin V. M., doctor of law, Professor, Deputy Director for innovations of the Law Institute of the Russian University of transport (MIIT), Professor of the Military University; Filippova M. Yu., candidate of law, associate Professor, Deputy Director for educational and methodical work of the Law Institute of the Russian University of transport (MIIT) , pvsvpo@mail.ru

Abstract: the article is a scientific and practical comment to the Decision of the constitutional Court of the Russian Federation dated June 28, 2018 № 26 - p. having Checked the constitutionality of part one of the article 153 of the Labor code of the Russian Federation, the constitutional Court came to the conclusion that the remuneration of persons of the civil personnel of military units and organizations of the Armed Forces involved in work on weekends and (or) non-working holidays should include, along with the tariff part of the salary calculated in the amount of at least double day or hour rate, as well as all compensation and incentive payments provided for them by the system of remuneration. Key words: civilian personnel of military units and organizations; remuneration of labor; overtime; involvement in work on weekends and public holidays.

 

14.  An irregular working day for workers of military organizations.

Zaikov D.E., Associate Professor of the Department of Civil Law and Civil Procedure of the Law Institute of the Russian University of Transport, Candidate of Legal Sciences, pvsvpo@mail.ru

Annotation: In the article features of legal regulation and practice of application of the institute of not standardized working day in military units and organizations of the Armed Forces of the Russian Federation are considered.  Keywords: workers, irregular working day, military organizations, additional leave, overtime.

 

15.  Development and specialization of the legal protection system for the legitimate interests of the Russian Federation in the border area.

Grigoriev A. G., Specialist of OOO "Center for Expertise and Legal Protection", Ph.D. in Law

The article explores the development and specialization of the legal protection system for the lawful interests of the Russian Federation in the border area. Based on the analysis of international legal norms, a characteristic of the legal protection of the legitimate interests of the Russian Federation in the system-structural, system-functional and system-communication aspects is given. Key words: legitimate interests of the Russian Federation, border area, system approach.

 

16. The concept of " military clergy" and the problems of its legal consolidation (issues of improving legal work). Part 2. End.

Ovcharov O.A., candidate of legal Sciences, pvsvpo@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.