THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3

ISSUE CONTENTS: 

 

1. Legal basis of foreign military men serving in the Armed Forces of  Russian Federation and foreign military personnel training.

Viskulova V.V., Far-East Higher Combined Arms Commanding School of the Soviet Union Marshal K.K. Rokossovsky, Department of Humanitarian and Socio-Economic Disciplines, Professor; Doctor in Law, Associate Professor, pvsvpo@mail.ru

Yarovoy A.S., aspirant of the Department of Humanitarian and Socio-Economic Disciplines of Far-East Higher Combined Arms Commanding School of the Soviet Union Marshal K.K. Rokossovsky, pvsvpo@mail.ru

Abstract: The article focuses on the legal forms of interstate military collaboration. The authors emphasize the question of attracting foreign servicemen to the Armed Forces of Russian Federation and their education in Russian military schools. Analyzing the heritage of native military history, the authors have come to the conclusion that legal forms of XIX and XXI centuries are nearly identical. Moreover, the item presents the norms of modern legislation in the question of foreign military men serving in  Russian Armed Forces. In comparatively legal aspect the article reveals the educative system of Russian Higher Military Schools which can be applied to foreign servicemen of far-abroad and near-abroad countries..

Keywords: foreign servicemen, the Armed Forces, military service, education.

 

2.  The rules on recovery of a citizen deprived of a military rank, in the former military rank.

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 legislative regulation of the restoration of I in the former military rank of a citizen deprived of military rank, in the case of his rehabilitation or change (cancellation) of the court sentence in terms of deprivation of military rank in the manner determined by the Regulations on the procedure of military service

Keywords: military rank, deprivation of special, military or honorary title, class rank and state awards, restoration of a citizen deprived of military rank in the former military rank.

 

3.  List of corruption-dangerous positions of employees of military organizations: the legality and validity of the content.

Zaykov D.Ye., Associate Professor at the Department of Civil Law, International Private Law and Civil Procedure of the Law Institute of the Russian University of Transport, PhD in Law, pvsvpo@mail.ru

Annotation: The article analyzes court rulings issued by the Supreme Court of the Russian Federation based on the results of consideration of a case challenging certain provisions of the list of corrupt and dangerous positions of employees of organizations (military units) subordinated to the Ministry of Defense of the Russian Federation, established by order of the Minister of Defense of the Russian Federation of April 4, 2016 No. 175. The author suggests ways to solve the problem of the justification for the inclusion in the list of individual posts.

Keywords: workers, military organizations, anti-corruption, teachers, court.

 

4. Powers of servicemen and employees of the national guard troops within the administrative Code of the Russian Federation are expanded.

Alexandrova N.G, candidate of legal Sciences, associate Professor of the Department of military law of the Military University of the Ministry of defense of the Russian Federation, pvsvpo@mail.ru

 Kirichenko N.S., associate Professor, Department of military administration, administrative and financial law, Military University, Ministry of defense of the Russian Federation, pvsvpo@mail.ru

Abstract: the article is devoted to the expansion of powers of servicemen and employees of the national guard troops of the Russian Federation to deliver, in accordance with the administrative Code.

Key words: authority, national guard troops, of the administrative code of the Russian Federation, the conveyance, soldier.

 

5. On extra holidays, servicemen of military units of permanent readiness for attracting them to the performance of duties of military service in excess of the established duration of weekly service time.

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 legislative regulation of the involvement of military units of constant readiness in excess of the normal duration of working time and providing them with additional rest or monetary compensation instead of providing additional days of rest

Keywords: social protection of military personnel, the right to rest, the daily routine and regulations of working time, the involvement of military contract service in excess of the normal duration of working time, the provision of additional rest, monetary compensation instead of providing additional days of rest

 

6. The rights of military personnel: features of implementation in the Russian Federation.

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

Abstract. The article is devoted to the implementation of legal norms that enshrine the rights and freedoms of military personnel as a special subject of law. The author focuses on the peculiarities of the right of servicemen to freedom of movement and choice of place of residence, the right to housing and the right to rest in modern Russia and formulates proposals to eliminate the problems that take place in the practice of law enforcement.

Keywords: legal status of the person, legal status of the serviceman, special subject of the right, rights and freedoms, powers, realization of the rights of the serviceman.

 

7. Dangerous delusions of the participants of the savings and mortgage system for servicemen.

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

Abstract: The most common misconceptions of the participants of the savings and mortgage system for servicemen are considered in this article. The author makes examples of the errors connected with questions of repayment of the real-estate loan. On the basis of the current legislation’s analysis the author gives the legal characteristic of facts which arises during the debt repayment. Besides that the possible legal consequences of running into debt are described.

Keywords: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; credit contract.

 

8. The legal regime of the spouses’ income from business activity: family law and the military legal aspects.

Yashin O.V., The five-year cadet of the prosecution and investigation faculty of the Military University of the Defense Ministry of the Russian Federation, pvsvpo@mail.ru

Annotation. The article deals with the issues related to legal regulation of income from entrepreneurial activity as common property of spouses from family legal and military legal points of view.

Key words: family law, common property of spouses, a military serviceman, entrepreneurial activity.

 

9. Features of the application procedure for the replacement of military service by alternative civil service.

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

The article discusses the procedure for applying for the replacement of military service by alternative civil service. Special attention is paid to the duties of employees of military department: registration and submission of an application to the draft board, as well as administrative responsibility for failure to perform these duties.

Keywords: alternative civil service, draft board, military department, statement,  registration, term of consideration, summons, appeal, administrative responsibility.

 

10. About the order of training of students of civil universities in the military educational organizations on programs of military training of sergeants, foremen, soldiers and sailors of the stock.

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 commentary to the order of the Minister of defense of the Russian Federation of November 30, 2018 № 693, which approved the Procedure for training of citizens of the Russian Federation in military educational institutions of higher education under the program of military training of sergeants, reserve officers or under the program of military training of soldiers, reserve sailors.

Keywords: voluntary training for military service; military training; program of military training of reserve soldiers.

 

11. Scientific and practical commentary to paragraph 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 18, 2018 No. 43 “On Amendments to the Decisions of the Plenum of the Supreme Court of the Russian Federation of December 20, 2011 No. 21“ On the Practice of the Courts Applying Law on the Enforcement of Sentences ” and of December 22, 2015 No. 58 “On the practice of criminal punishment by the courts of the Russian Federation”.

Eermolovich Ya.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

Abstract. The article commented on the changes made to the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the practice of criminal punishment by the courts of the Russian Federation” of December 22, 2015 No. 58, concerning the criminal liability of servicemen, the author gives a legal and scientific assessment of the adopted changes, identifies problems of the current legislation, proposed ways to solve them.

Keywords: criminal liability, military personnel, military criminal legislation, military criminal law, criminal punishment, probation, disciplinary military unit.

 

12. To the question of the need to change the legislation governing the procedure for the restoration of the military rank of a citizen deprived of the rank by a court sentence.

D. S. Chukin, senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order of Zhukov of the Red Banner Institute of the national guard of the Russian Federation, Lieutenant Colonel of justice, pvsvpo@mail.ru

Summary: the article analyzes the provisions of the Federal law of December 27, 2018 № 551-FZ, which changed the grounds for the restoration of the military rank of a citizen deprived of the rank by a court verdict. Now such recovery became possible only in case of rehabilitation of the citizen or at change (cancellation) of the sentence. Previously, this possibility existed after the repayment or removal of a citizen's criminal record.

According to the author, the indefinite deprivation of the title of a citizen without the possibility of its restoration will prevent the implementation of the principles of humanism and justice, since this restriction does not take into account the individual characteristics of the individual and his post-criminal behavior.

Key words: crime, punishment, deprivation of military rank, restoration of military rank, principle of humanism, the principle of justice.

 

13. The suppression of provocative actions of the military ships of naval forces of Ukraine in Kerch Strait.

Pershina A.V., Candidate of Law, pvsvpo@mail.ru

Abstract: The article presents an analysis of the actions of the Ukrainian Navy warships in the Kerch Strait established by the Russian authorities and the legal requirements that were to be followed by the officials ensuring the security of the Russian Federation. A comparison of legal facts and legal norms, regulating primarily the grounds for the use of weapons to prevent provocative actions was made.

Key words: territorial sea; peaceful passage; state border; foreign warships; weapons; use of weapons; provocation.

 

14.  Military law issues as complex branches of law in the context of rule of law.

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

Annotation: the article presents the author's view on the current state and problems associated with the improvement of military law as a complex industry.

Key words: military law, military law, military, scientific specialty.

 

15.  Disciplinary responsibility of military personnel: groups of principles and their specifics.

Cheshko V.Yu., Master of law, postgraduate student at the department of constitutional law, faculty of law Belarusian Sate University major of justice, pvsvpo@mail.ru

In article scientific representations on creation of levels of the principles of responsibility and legal approaches on their legal fixing in Republic of Belarus are considered. During the analysis three groups of the principles of disciplinary responsibility of military personnel are defined: all-legal principles; principles of legal responsibility; the principles of disciplinary responsibility caused by its specifics. The principles of proportionality and efficiency of disciplinary responsibility of military personnel are proved.

Key words: military service, disciplinary responsibility, principles, efficiency, proportionality.

 

16.  Artificial intelligence in the norm-setting process as a means against diminishing the rights of children of servicemen with disabilities due to military trauma.

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

Abstract. The article is devoted to the analysis of modern possibilities of artificial intelligence technologies in norm-setting activity.

Keywords: norm-setting process, monitoring of law enforcement, processing of natural language, information search, detection of implicit links, semantic analysis, artificial intelligence, inaction of authorities, transformation of right, Disabled due to military trauma.

 

17. Military clergy as an organizational and legal means of strengthening the country's defense (questions of improvement of legal work). Part 2.

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,

Key words: legal work, the right of servicemen to freedom of religion, military clergy, military service.