THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10


ISSUE CONTENTS: 

 

1. On judicial practice regarding military service.

Kharitonov S.S., Colonel of the Justice of the Reserve, candidate law, professor,  pvsvpo@mail.ru

Resume: The article through examples of judicial practice addresses issues related to the specifics of legal regulation of military service. This allows you to see conflicts and defects of legal norms that need to be adjusted.

Key words: military service; legal regulation; serviceman; military courts.

 

2. The right of military personnel to carry timely unused vacation.

D.E. Zaykov, Associate Professor, Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Ph.D.,  pvsvpo@mail.ru

Annotation: In the article the author analyzes the legal regulation of the order and the reasons for the transfer of unused military personnel in the current year of basic and additional leave for the next year, as well as the problems of its interpretation and practice.

Keywords: the military, the right to leisure, vacation, additional vacation, carryover vacation.

 

3. About change of the order of transition to military service in troops of national guards of the Russian Federation of separate categories of employees of national guards.

Kirichenko N.S., lawyer, pvsvpo@mail.ru

Abstract: the article provides a brief overview of changes in the legislation  of the Russian Federation, regulation the transition of employees Regardie to military service in the  national guards troops.

Key words: military service, special rank of police, troops national guards, Employees of Regardie.

 

4. On the improvement of conciliation procedures.

Voronov A.F., Doctor of  Legal Science , Professor, Honored Lawyer of the Russian Federation, Professor of  Faculty of law of Lomonosov Moscow State University , Professor of  Institute of international law and justice of Moscow State Linguistic University, pvsvpo@mail.ru

Abstract. The article analyzes the changes in the procedural codes of the Russian Federation, other Federal laws relating to the improvement and expansion of types of conciliation procedures as alternative ways to resolve legal disputes. The author doubts the possibility of applying the new norms to some public relations and cautiously hopes that new forms of conciliation will find demand among citizens and organizations.

Keywords. Conciliation, alternative dispute resolution, mediation, judicial conciliation, civil proceedings, commercial judicial proceedings, administrative judicial proceedings.

 

5. Dagestan militia gained the status of veterans of military operations: the path of 20 years.

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

Annotation. The article is a scientific and practical comment to the Federal law of August 2, 2019 № 320-FZ "On amendments to articles 3 and 4 of the Federal law "On veterans"", which will come into force on January 1, 2020. it Shows the difficult history of the development and promotion of this law, draws attention to the serious problems and contradictions of law enforcement practice. The constitutional Court of the Russian Federation in November 2011. he obliged the Federal legislator to determine the legal status of persons who took part in hostilities as part of the self-defense units of the Republic of Dagestan during the counter-terrorist operation on its territory in September 1999. This decision was implemented only after 8 years.

Key words: combat veteran; a counter-terrorism operation; self-defense groups of Dagestan; the militia; social support; the constitutional Court of the Russian Federation.

 

6. Issues of legal regulation of monetary allowance of military personnel in the mirror of court decisions.

Kharitonov S.S., Colonel of the Justice of the Reserve, candidate law, professor, pvsvpo@mail.ru

Resume: The article, using examples from judicial practice, discusses problematic situations of law enforcement practice in the field of cash payments to military personnel. The conclusion is drawn about the need for deep knowledge of military-financial legislation by commanders (chiefs) to ensure the legality of management decisions.

Keywords: military service, military serviceman, monetary allowance of military personnel, cash payments to military personnel

 

7. Gaps legislation on rest time in  communication with staff travel.

Glukhov Yevgeny Alexandrovich, PhD in Law, SPVI of the National Guard troops, pvsvpo@mail.ru

Annotation: the article analyzes the regulatory legal acts governing benefits and compensation for employees when they are sent on business trips, the emphasis is on providing holidays during the business trip. The author makes a conclusion about the non-identity of the time of rest and the time free from work spent on a business trip. The question of the need for legal regulation of the actual time worked on a business trip is raised.

Keywords: business trip, working time, rest time, compensation, time off, overtime, travel time

 

8. About the legal basis of the training in preparing citizens for military service.

Koryakin V. M., doctor of law, Professor, Professor of the Department of military administration and administrative law of the Military University, pvsvpo@mail.ru

Kharitonov V. S., student of the law faculty of the all-Russian state University of justice (RPA of the Ministry of justice of Russia) , pvsvpo@mail.ru

Annotation. The article deals with the legal regulation of the organization and conduct of training fees as an element of compulsory training of citizens in the framework of training on the basics of military service.

Keywords: compulsory training of citizens for military service, training on the basics of military service, military training, training centers.

 

9. Review of the draft law on increasing administrative fines for offenses in the field of military accounting.

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

The article discusses the content of bill No. 620700-7 "On amendments to the Russian Code of administrative offences". The author gives a brief description of offenses in the field of military accounting, the amount of responsibility for which can be significantly increased. The probable consequences of changes in legislation are also analyzed.

Keywords: military registration, conscription, offense, administrative responsibility, administrative fine, summons, military department, draft board.

 

10. Topical problems of regulating legal-information relations in military-technical cooperation.

Shmakov M.A. , pvsvpo@mail.ru

The article is devoted to the analysis of key issues related to the implementation of legal-information relations in military-technical cooperation.

Key words: legal information relations, military-technical cooperation entities, military-technical cooperation objects, information sovereignty, information security.

 

11. Naumova L.Yu., Naumov P.Yu., Pyatilyshnova O.M. Gibibov A.S. Features of legal regulation of reimbursement for the provision of high-tech medical care to military personnel of the National Guard troops of the Russian Federation.

The article deals with one of the topical issues of medical support for military personnel - the issue of providing high-tech medical care. The relevance of the consideration of this topic is due, above all, to the insufficient legal clarification of this issue, which leads to a multiplicity of interpretations of the same regulations. The article provides the legal basis for the issue under consideration and analyzes the scientific literature. The main scientific result is the author's understanding of the regulatory legal regulation of this issue in the legislation of the Russian Federation.

Key words: military personnel; health care; specialized medical care; high-tech medical care.