THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11


ISSUE CONTENTS: 

 

1. Innovations in legislation on administrative offences and on notaries.

Mamatov M.V., candidate of law, head of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offences research Institute of the University of the Prosecutor's office of the Russian Federation,  pvsvpo@mail.ru

Maslov I.A., senior researcher of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offenses of the research Institute Of the University of the Prosecutor's office of the Russian Federation, pvsvpo@mail.ru

Resume: The article is devoted to analysis of changes due to the adoption of the Federal law from 26.07.2019 No. 223-FZ "On amendments to article 28.3 of the Russian code of administrative offences", according to which officials of the bodies exercising the functions of control and supervision of notaries, powers to draw up protocols of administrative offences classified under part 1 of article 19.4, part 1 of article 19.5 and article 19.7 of the administrative code.

Keywords: code of administrative offences, administrative responsibility, notary, Ministry of justice of Russia.

 

2. About improvement of control of the large property transactions made by separate categories of public servants (servicemen's).

Trubitsyna V.A., post-graduate student of the Law Institute of the «Russian University of transport»,  pvsvpo@mail.ru

Annotation. The article is a commentary on the draft Federal law "on amendments to certain legislative acts of the Russian Federation in connection with the improvement of mechanisms for controlling the costs of persons holding public office (other persons), and the treatment of property in the Russian Federation, in respect of which no information is provided confirming its acquisition on legitimate income". This bill provides, in particular, to exercise state control over the costs of acquisition of property by certain categories of citizens not only during the period of public (military) service, but also for three years after dismissal.

Keywords: control over expenses; anti-corruption; large transaction on acquisition of property; data on the income and expenses; withdrawal of property in the income of the state.

 

3. Experience in the prevention of drunkenness, alcoholism and   narcotism in the Russian army (end of the 19  th century – 1917).

Kharabet K.V.,  Colonel  of Justice of the  reserve,  PhD  in  Law,  pvsvpo@mail.ru

The analysis of the experience of developing measures to prevent drunkenness, alcoholism and narcotism in the Russian army on the eve of the First World War. The scientific views of military specialists on this issue are examined.

Key  words: prevention, drunkenness and alcoholism, narcotism, morality, military personnel.

 

4. Distinctive features of military service by shift work.

Zhabrovskiy R.A., legal adviser of the military unit, major, pvsvpo@mail.ru

In this article the author compares the legal rules contained in various normative acts in relation to military service by shift work. This analysis is need because the legislation of the Russian Federation does not fully illustrates the specifics of the topic studied including accounting of working time. Due to the lack of proper regulation heads of units can make mistakes in the accounting of working time that influencing the rights of servicemen on rest or unreasonable providing extra rest time. The author hopes this article will help to heads of units to understand the specifics of military service by shift work and get accounting of working time correctly.

Key words: military man, shift work, accounting of working time.

 

5. On the right of citizens discharged from military service as a result of injury (injury, injury, shell shock) or illness received in the performance of military service duties, to render medical care in military medical institutions (organizations).

Manannikov D.Y., сandidate of Legal Sciences, pvsvpo@mail.ru

Abstract:  The article analyzes the provision of Article 16 of Federal Law of May 27, 1998 No. 76-ФЗ “On the Status of Military Personnel” on the issue of providing medical assistance to military medical institutions (organizations) by former military personnel dismissed from military service due to injury (injury, injury, concussion) or a disease resulting from the performance of military service duties, the conclusion is substantiated on the need to improve the said provision of the law.

Keywords: citizens, military service, dismissal, medical support.

 

6. On the pension provision of servicemen and members of their families in Russia (during the validity period of the Charter on Pension of 1827).

Savin I.G., professor of the department of humanitarian and natural sciences, RVVDKU, candidate of legal sciences, associate professor, pvsvpo@mail.ru.

Abstract : the article deals with the issues of legal regulation of pension provision of servicemen and members of their families in the Russian Empire in the period from 1827 to 1912.

Keywords: Pension provision of servicemen and members of their families in the Russian Empire, 1827 pension Statute, the pension, lump sum, cash aid funds for Emeritus professors.

 

7. Problems of the implementation of the rights established by the current legislation, disabled by the fighting.

Skovorodko A.V., Applicant, Department of Constitutional and Administrative Law, National Research University Higher School of Economics, pvsvpo@mail.ru

Abstract. The article is devoted to the analysis of the modern capabilities of artificial intelligence technologies in normative activities in matters of the rights of persons affected in the performance of military duty. The author proposed the unification of definitions for this category.

Keywords: rule-making process, law enforcement monitoring, natural language processing, information search, detection of implicit links, semantic analysis, artificial intelligence, inaction of authorities, transformation of law," big data", disabled due to military trauma.

 

8. On a participation in the savings and mortgage system of housing provision for servicemen after voluntary enlistment as an active duty service member from the reserve.

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

Abstract. The issues of a participation in the savings and mortgage system of housing provision for servicemen of persons who enlisted as an active duty service member from the reserve are considered in this article. The author explores the legal fate of the such persons’ previous savings for housing provision, the debt repayment matters in the period between discharge from military service and the enlistment as an active duty service member from the reserve, the issues of a resumption of a repayment of a real-estate loan by the use of a home loan.

Keywords: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; voluntary enlistment as an active duty service member from the reserve

 

9. Criterion for cohabitation in the issue of housing on family members of a serviceman.

Glukhov E.A., Candidate of Law, Colonel of Justice, St. Petersburg Military Institute of the National Guard Troops, pvsvpo@mail.ru

Annotation: the article analyzes the norms of the legislation on the joint residence of a soldier and his family members as a condition for providing a soldier with living space on them. The author comes to the conclusion about the uncertainty and whiteness of legislation in this matter, the difference in the wording of the rule of law for different categories of military personnel. In addition, the author considers ways of confirming cohabitation of military personnel and members of his family.

Key words: serviceman, members of the serviceman's family, cohabitation, rate of provision of housing, registration at the place of residence, documents for registration with housing.

 

10. On the need to amend legislation on the liability of military personnel in the light of court decisions.

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

Resume: The article analyzes the problematic issues of law enforcement practice on bringing military personnel and persons discharged from military service to liability through examples from judicial practice. The contradictions in the current legal norms are shown. The urgency of preparing a new law is substantiated.

Keywords: military service, military serviceman, material liability of military personnel

 

11. The right to delay and recognition of the citizen not passed military service on appeal, without having on that legal bases.

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

The article is devoted to the problem of recognition of citizens who have not passed military service by conscription, without legal grounds. It is a question of cases when citizens, possessing the right to a delay, didn't address in a military registration and enlistment office with the statement for its implementation and at the same time weren't called up for military service. The author examines the practice of the Supreme court of the Russian Federation on this issue.

Keywords: conscription, deferment of conscription, draft board, military department, state civil service, municipal service.

 

12. About legal conflict of performance by the Russian Federation of the international obligations and temporary restriction of departure outside the Russian Federation to the serviceman passing military service in the territory of the foreign state.

Gorodnev E. N., researcher, Centre for legal studies, pvsvpo@mail.ru

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

Abstract: the article deals with the legal conflict associated with the execution of the Russian Federation's international obligations by sending military personnel outside Russia and not the arrival of a soldier to the place of permanent deployment of the unit located in the territory of a foreign state, due to the application of a bailiff temporary restrictions of travel outside the Russian Federation, a measure for its settlement is proposed, also considered the approach to determining the validity of the reasons for committing a serious disciplinary offence "failure to appear without valid reasons as dismissal from location of military unit or from ship to shore, in the appointment, transfer, as well as from a business trip, holiday or medical organization."

Keywords: gross disciplinary offense, failure to appear on duty in time, border control.

 

13. On the need to amend legislation on the liability of military personnel in the light of court decisions.

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

Resume: The article analyzes the problematic issues of law enforcement practice on bringing military personnel and persons discharged from military service to liability through examples from judicial practice. The contradictions in the current legal norms are shown. The urgency of preparing a new law is substantiated.

Keywords: military service, military serviceman, material liability of military personnel

 

14. Measuring the legal protection of sovereignty, sovereign rights and state jurisdiction.

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

Annotation. The establishment of qualitative and quantitative indicators characterizing the legal protection of sovereignty, sovereign rights and jurisdiction of the state is due to the need to formulate conceptual provisions characterizing the transformation of events, facts, phenomena of the frontier sphere of public relations into legal categories of output information of the system of legal protection of the legitimate interests of the state in the frontier sphere. The article substantiates the methodology for measuring the legal protection of sovereignty, sovereign rights and the jurisdiction of the state based on the consideration of qualitative and quantitative indicators of such protection. Scientific provisions can be used to rank the importance of tasks in the formation of legal protection of the legitimate interests of the state by state authorities of the Russian Federation.

Key words: state sovereignty, the sovereign rights of the state, the jurisdiction of the state, the legitimate interests of the state, the measurement of security.

 

15. The constitutional right to housing of military citizens of the Russian Federation - problems of legal understanding of a legal fact (moment) of its implementation and the legal consequences of a citizen's refusal to privatize.

Nieder S.A., Commander of the battalion of cadets of the Novosibirsk Military Institute named after General of the Army  I.K. Yakovleva troops of the national guard of the Russian Federation, pvsvpo@mail.ru

Annotation. In the article, the author examined the negative law enforcement practice, according to which the housing commissions of military units remove from the housing register (refuse to register for housing) military personnel who, in their opinion, have already exercised their right to receive housing from state as part of the family of their parents.

Keywords. Serviceman, housing, housing provision, privatization.