THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


ISSUE CONTENTS: 

 

1. About restriction of the rights of the military personnel in the field of information turnover

V. M. Koryakin, doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport (MIIT), Professor of the Military University, pvsvpo@mail.ru

Abstract: the article analyzes the norms of military legislation related to the restriction of certain rights of military personnel in the field of information circulation, including the scientific and practical commentary to the bill, which is supposed to legalize the ban on the dissemination of information by military personnel about their departmental affiliation, the activities of military units in which they serve, as Some conclusions about inadmissibility of excessive restriction of the rights of military personnel in this sphere and proposals on improvement of legal regulation of restrictions and prohibitions of military personnel are formulated.  Keywords: information; the right to freely seek, receive, transmit and disseminate information; prohibitions and restrictions related to military service; the media.

 

2. Deregistration of those who lost their money or lost material means: the legality of decisions made

Kharitonov SS, PhD in Law, Professor, Justice Colonel Stock, pvsvpo@mail.ru

Annotation: the article discusses the actions of officials of the bodies of the military administration on the write-off from the account of the disrepair or lost materiel. Keywords: write-off of material resources, accounting of military property, legality of writing off material resources

 

3. The issues of ensuring information security of the Russian Federation in the face of new threats (commentary on the draft law "On amendments to article 27-1 of the federal law "On status of servicemen")

Bagdasaryan I.A., 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 measures to ensure information security through the introduction of a ban on military personnel to post in the media, on the Internet information about themselves and other soldiers (military-foreign citizens), which allows to disclose their departmental affiliation, information about their official activities or the official activities of other soldiers, the activities of military units, organizations and units in which military personnel (military - foreign citizens) are military service, and the place of their deployment.  Keywords: information security, threats to information security, information security, prohibition on the dissemination of information by military personnel on the Internet and in the media.

 

4. Servicemen on taxes! (transport tax).

Titov V.V., lawyer, lieutenant colonel of justice (retired), pvsvpo@mail.ru

This article discusses the application of the tax law during the charging of certain types of taxes with soldiers, some categories of citizens, dismissed from military service and providing them with tax incentives. Key words: militarymen, taxes, tax breaks, tax authorities, tax, taxpayers.

 

5. Legal basis for the creation of military trade unions in the troops of the National Guard of the Russian Federation.

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

Danichev N.V., Professor 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, candidate of pedagogical Sciences, associate Professor, pvsvpo@mail.ru

Abstract: the paper studies the legal basis for the creation of trade unions of servicemen of the national guard of the Russian Federation. The problem of the organization and activities of military trade unions remains unresolved. Keywords: public associations, trade unions, trade unions of servicemen, rights and freedoms of citizens, membership in trade unions, social and legal protection of servicemen.

 

6. On some problems of dissolving a marriage by a military serviceman.

Alymbekov A.S., the five-year cadet of the special faculty of the Military University of Defense Ministry of the Russian Federation, pvsvpo@mail.ru

Abstract. The article discusses the most pressing problems arising from an attempt to dissolve a marriage with a pregnant wife not from a husband. The author notes that, for example, a divorce of spouses on the initiative of the husband is possible in the Kyrgyz Republic, provided that he is not or cannot be the father of the child. The analysis of this approach allows to evaluate the expediency of its borrowing in the Russian legislation. Keywords: marriage; divorce; pregnant wife; equality of spouses.

 

7. Innovations of the system of the military account of citizens.

Bagdasaryan I.A., 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 improving the efficiency of the military registration system by introducing a personal electronic card and a certificate instead of a military card as documents of military registration of citizens subject to military registration in the Armed Forces of the Russian Federation. Key words: military records, military registration documents, personal electronic card certificate instead of a military ID.

 

8. School grades as a reason for deprivation of the right alternative civilian service

Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru

The article deals with the judicial practice of refusal to replace military service by alternative civilian service. We are talking about school graduates who have successfully mastered the course of the subject "Fundamentals of life safety". The author assesses the compliance of such decisions with the current legislation. Keywords: alternative civil service, constitutional right, beliefs, creed, draft board, military department, school, certificate, fundamentals of life safety, appeal.

 

9. The duty of military department to notify conscripts who are brought to administrative responsibility, and the consequences of its failure.

Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru

The author gives a general description of the order of notification of con-scripts who are brought to administrative responsibility by officials of military department. The main violations of this procedure and their consequences are al-so considered. Keywords: military department, military service, administrative offence, administrative responsibility, notification, protocol, resolution, agenda, appeal.

 

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

Eermolovich 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»,  pvsvpo@mail.ru

 

11.  International non-governmental standards as a basis for countering corruption by Russian commercial organizations involved in ensuring the country's defense and state security

Vorobyev A.G., senior lecturer, Department of Criminal Law, Military University of Defense Ministry, the PhD in Law,  pvsvpo@mail.ru

Krasnikova E.V., Senior Researcher Research Institute of the University of Prosecutor's Office of the Russian Federation, Candidate of Law,  pvsvpo@mail.ru

Annotation: the article contains an analysis of anti-corruption business standards. Discusses the possibility of using international anti-corruption standards by Russian private sector organizations. Keywords: global compact, corporate social responsibility, international standards, ISO 26000, ISO 37001:2016, anti-corruption measures

 

12. Military clergy as an organizational and legal means of strengthening the country's defense (questions of improvement of legal work). Part 1.

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 defense by improving the state-Church relations, changes in the legislation on defense, taking into account the implementation of the potential of the military clergy in the implementation of the rights of military personnel to freedom of religion and other powers in the religious sphere. Keywords: legal work, the right of servicemen to freedom of religion, military clergy, military service.

 

13. Implementation and classification of the powers of the border authorities of the Federal security service for the protection of the state border of foreign States.

Kichigin N.V., senior researcher, center for legal studies, pvsvpo@mail.ru

Medvedev M.A, specialist, Center of expertise and legal protection», pvsvpo@mail.ru

Abstract: the article substantiates the classification of the powers of the border authorities of the Federal security service for the protection of the state border of foreign States, which is based on the main functions defined in international treaties (agreements), which were grouped by the object of influence. Practical examples of implementation of the considered powers are given. Keywords: border authorities, powers, international Treaty (agreement), border control.

 

14. “Big data”, obtained as a result of the activity of international projects of the “megasiens” class, operating both in the Russian Federation and abroad, as a factor of the defense potential.

Skovorodko A.V., Candidate of the Department of constitutional and administrative law of the National Research University Higher School of Economics, pvsvpo@mail.ru

The article analyzes the current state of legislation and law enforcement practice in the field of “Big data” as one of the most important factors of the defense potential, expressed the position that the “open data strategy” in military affairs is unacceptable for Russia, and the social consequences of the use of these technologies for military personnel are considered.

Keywords: “big data” turnover, “megasiens” class projects, digital economy, artificial intelligence, government inaction, law transformation, anthropocentrism, managerial decisions, socio-economic aspects of high technologies, European Court of Human Rights.

 

15. Аrtificial intelligence: some issues of legal regulation

Bunin K.A., The five-year cadet of the prosecution and investigation faculty of the Military University of Russian Defense Ministry, pvsvpo@mail.ru

Abstract. This article discusses issues related to the legal regulation of the status of artificial intelligence in civil law. The problems existing in this sphere are analyzed, the ways of the solution of the considered problems are offered. Key words: civil law, artificial intelligence, legal regulation, problems.