THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4
ISSUE CONTENTS:
1. And again to a question of terms of attraction of the military personnel to financial responsibility.
Kirichenko N. S., Head of the judicial-legal and contractual work unit Department of legal work of the office of the southern district national guard troops of the Russian Federation, pvsvpo@mail.ru
Abstract: The article is devoted to the study of the terms of bringing servicemen to financial responsibility, taking into account the peculiarities of the judicial practice of the Supreme Court of the Russian Federation.
Keywords: serviceman, military service, financial responsibility, term of attraction.
2. Mentorship Institute in the Armed Forces of the Russian Federation.
D.E. Zaikov, Associate Professor of 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 discusses the institution of mentoring and guidelines for its implementation in the Armed Forces of the Russian Federation. The author suggests ways to increase the significance and effectiveness of the use of mentoring in military service and labor relations.
Keywords: mentoring, mentor, military personnel, federal civil servants, employees, probation.
3. Features of reception and military service of citizens of the foreign state in the bodies of the Federal security service stationed outside the Russian Federation.
Kichigin N. V. senior researcher, center for legal studies, pvsvpo@mail.ru
Abstract: the article deals with the peculiarities of reception and military service of foreign citizens in the bodies of the Federal security service stationed outside the Russian Federation (Border offices of the FSB of Russia in the Republics of Armenia, Abkhazia and South Ossetia). military Specified legal gaps in the regulatory agreement of regulation of the specified boundary sphere, the conclusion legal about need of introduction of legal changes in Federal action of the legislation is drawn.
Keywords: International agreements (agreement), recruitment, service in a foreign country.
4. Officers who were seriously injured and mutilated have the right to continue military service in military commissariats
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 is a scientific and practical commentary to the decree of the Government of the Russian Federation of January 30, 2019 № 59, which amended the Regulations on military medical examination. According to these changes, the conditions under which officers who have suffered serious injuries and mutilations may be allowed to serve in military positions in military commissariats.
Key words: military medical examination; schedule of diseases; military service; military commissariats.
5. Professional activity of the military experts applying pilotless aircraft: separate legal aspects of medical support.
Zorin O.L., PhD of Law, lieutenant- colonel, docent, pvsvpo@mail.ru
Mitrofanov D.V., major, pvsvpo@mail.ru
In article features of military work of experts in scope of unmanned aerial vehicles are analyzed, some legal questions of medical maintenance of their professional activity needing improvement are defined.
Keywords: unmanned aerial vehicle, operator, medico-psychological rehabilitation.
6. Some problems of legal regulation of calculation of pensions to the military personnel serving in armed forces of other States-participants of the Commonwealth of Independent States.
Tuganov Yu. N., Honored Lawyer of the Russian Federation, Doctor of Law, Professor, Professor of the Russian customs Academy, capo della cattedra caterina istituto, RANS, pvsvpo@mail.ru
Bystrov P.G., judge of the district military court, retired, pvsvpo@mail.ru
Abstract: the article deals with the problems of legal regulation of calculation of pensions for military personnel serving in the armed forces of other States – members of the Commonwealth of Independent States. The provisions of normative legal acts, law enforcement and judicial practice on this topic are analyzed. In conclusion, specific measures are proposed to improve the legal regulation of pensions for military personnel.
Key words: pension to the military personnel, military service, military personnel, pension for a length of service.
7. 40 hours a week. Or on the causes of the violations of the rights of subordinate commanders to stay in touch with attracting them to work overtime
Glukhov E. A., Colonel of justice, PhD in law, pvsvpo@mail.ru
Abstract: the article analyzes the normative legal acts regulating the right of servicemen to rest in connection with their involvement in the performance of duties of military service in excess of the established duration. The author compares the process of involvement of military personnel and civilian personnel in overtime work, on the basis of the involvement of the soldier in the service in the outfit shows the established by law the amount of rest provided to the soldier. In addition, the reasons and conditions of violations of the rights of soldiers to exercise their right to additional days in connection with the imposition of duties beyond the regulations of the service time.
Keywords: soldier, overtime, day off, unity of command, corporate ethics, accounting of working time, daily orders, the reasons of violation of the rights of subordinates, combatant, volume of duties
8. On the origin of the pension provision for servicemen and their families in Russia (until the adoption of the first pension charter in 1827).
I.G. Savin, Professor of the Department of Humanities and Natural Sciences Disciplines, PhD in Law, Associate Professor, pvsvpo@mail.ru
Abstract : in the article the questions of the origin of pension provision of servicemen and members of their families in the Russian state (prior to the adoption of the first pension of the Charter in 1827), the conclusions about the main forms of social security of soldiers and their families during the period from the late XV to early XIX century
Keywords: Social security of soldiers in the Russian state, pension on the occasion of the breadwinner, pension for years of service, care of wounded and sick soldiers, pension of soldiers, their widows and orphans in the Russian state in the XVIII early XIX century
9. Various issues of reparation for harm caused to life or health of servicemen seeing duty in high risk conditions.
Maryin I.G., 5 yearcadet, Prosecution and Investigation Department Military University of Defense Ministry, Russian Federation, pvsvpo@mail.ru
Annotation. The article represents various issues of reparation for harm caused to life or health of servicemen seeing duty in high risk conditions. The author substantiates the thesis of reparation in full and complete way. Full reparation is a restitution of the condition the person could have been in if the harm hadn’t been caused to him, i.e. negative property and emotional aftermaths of the injured party should be removed. The author formulated main ideas for improvement of the Civil Legislation relating to full reparation for harm caused to life or health of a serviceman seeing duty in high risk conditions by giving phychological recovery.
Keywords: high risk service conditions, causing harm and reparation for it, life and health of service personnel, phychological recovery.
10. On the separate accounting of economic activity results during defense contracts execution.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru
Abstract. The subject of this study is the legal regime of separate accounting for the results of financial and economic activities of the defense prime contractors and contractors. The author in the article considers the issues of organization of separate accounting by economic entities, which participate in the performance of the defense contract. The debatable aspects of legal regulation of separate accounting are represented.
Keywords: defense procurement and acquisition; government procurement; price formation; accounting.
11. New requirements for recruits: the duty to get on military registration in the place of the actual аccommodation.
Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru
The article deals with the recent changes of the Federal law "About military duty and military service" related to the registration of citizens unregistered at the place of residence or place of residence.
Keywords: military department, military registration, conscription, place of residence, place of stay, registration, administrative liability, criminal liability.
12. On the question about the necessity of digitalization of the criminal proceedings in the Russian Federation.
Bunin K.A., The five-year cadet of the prosecution and investigation faculty of the Military University of Russian Defense Ministry, pvsvpo@mail.ru
Annotation. This article discusses issues related to the justification of the need for digitalization of criminal proceedings in the Russian Federation, the method of its implementation.
Keywords. Criminal proceedings, digitalization, information system, improvement of the procedure of administration of justice.
13. Improved criminal legal norms concerning liability for willful abandonment of duty stations.
Stepanenko N.E., Associate Professor of the Department Criminal Law, Candidate of Legal Sciences Military University, pvsvpo@mail.ru
Luskan V.S., 5-year cadet of prosecutorial and investigative faculty Military University, pvsvpo@mail.ru
Abstract: the article examines the individual elements of the crimes set out in article 337 of the Criminal Code of the Russian Federation, as well as their analysis in terms of penal law science, studied practice under this norm of the CCRF. Proposed new wording of article 337 of the Criminal Code of the Russian Federation, as well as changes in the plenum of the Supreme Court of the Russian Federation from April 3, 2008 No. 3 "on the practice of examination by courts of criminal cases on evading military conscription and to perform military or alternative civilian service "
Keywords: willful abandonment, military part, location services, evasion of military service, criminal liability, excuses, the disciplinary unit.
14. "Modern international legal aspects of the status of the Kerch Strait and the use of the waters of the Sea of Azov for international navigation and military navigation."
Oleg Petrov, Candidate of Law, pvsvpo@mail.ru
Annotation: the article discusses the modern aspects of the international legal status of the Kerch Strait and the use of the waters of the Sea of Azov for international navigation. Regime of the Azov-Kerch region and its compliance with the status and regime of inland waters as part of the state territory Modern international features of military navigation, international sea law norms governing navigation in the Kerch Strait and the Sea of Azov. The main provisions of the Treaty between the Russian Federation and Ukraine on cooperation in the use of the Azov Sea and the Kerch Strait 2003 are analyzed. The aspect of the need to update certain provisions of the treaty in question is disclosed.
Keywords: international maritime law, international conventions, military navigation, incident, Kerch Strait, Sea of Azov, Russia, Ukraine, Kerch - Yenikalsky Canal, coastal states, peaceful passage, notification, right of stay, UN Convention 1982.
15. International law and Russian legislation on alternative civil service
Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru.
The article deals with the norms of international law on the replacement of military service by alternative civil service on the basis of conscience and com-pares them with the Russian legislation
Keywords: human rights, alternative civil service, military service, the United Nations, the draft board, the military department, beliefs, religion, place of service, period of service, the appeal.
16. The concept of "mercenary" in the context of private military companies
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 faculty of law of the all-Russian state University of justice (RPA of the Ministry of justice of Russia) , pvsvpo@mail.ru.
Annotation. The article is devoted to the consideration of problematic issues related to the distinction between the concepts of "mercenary" and "employee of a private military company". On the basis of international legal regulation of these issues, as well as the analysis of law enforcement practice, the necessity of legislative regulation of the activities of private military companies in our country, as well as the improvement of criminal legislation on responsibility for mercenary activities and for the creation of illegal armed groups and for participation in them.
Keywords: mercenary; mercenary; private military companies; illegal armed groups.
17. Means of war and "big data" (the analysis of foreign practice of regulation of big data, including those obtained in the framework of international projects "mega science").
Skovorodko Alexander 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 considers foreign approaches to the issues of turnover of "big data" and the analysis of modern practices of foreign regulation of their management. Parallels are drawn between the legal regulation of the circulation of means of war and "big data".
Keywords: big data turnover, international projects of "mega science" class, inaction of authorities, transformation of law, artificial intelligence, management decisions, social and economic aspects of high technologies, European Court of human rights, means of war, anthropocentrism.
18. About the possibility of refusal from the “signature” of documents.
M. D. Esitashvili, post-graduate student of the Department of civil law and procedure of the Irkutsk Institute (branch) of the Russian state University of justice (RPA of the Ministry of justice of Russia), pvsvpo@mail.ru
The article examines the actual problems of the legal Institute of secret inventions in Russia. The article deals with the actual problems of the legal Institute of secret inventions in the Russian Federation. The author describes the existing degree of secrecy of information constituting a state secret, and corresponding to these degrees of secrecy for the carriers of this information. From a critical point of view, the current procedures for lowering and increasing secrecy in accordance with domestic legislation are analyzed.
The refusal of the «secret» stamp to denote the state secret in the Russian Federation is justified. It is proposed to establish two degrees of secrecy: «special importance» and «top secret» in order to reduce the facts of unjustified classification of information.
Keywords: state secrets, secret inventions, the degree of secrecy, secrecy, classified information, official secrets.
19. Military clergy as an organizational and legal means of strengthening the country's defense (questions of improvement of legal work). Part 4.
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.
20. Selected issues of moral and moral education of Muslim servicemen.
Kuliev A.I. selected issues of moral education of servicemen - Muslims.
A.I. Kuliev, the judge 224 garrison military court, candidate of legal Sciences, pvsvpo@mail.ru
The article gives the General principles of Islam, the attitude of this world religion to science, defense of the Motherland and military service.
Key words: Koran, peace, good, science, military service, protection of the Motherland.