THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6
ISSUE CONTENTS:
1. Military in a network «the Internet»: the restrictions and the dynamics of the normative framework.
Tuganov Y.N., honored lawyer of the Russian Federation, doctor of legal Sciences, associate Professor, chief researcher of the Russian University of justice, Professor of the Russian customs Academy, pvsvpo@mail.ru
Abstract: this article is devoted to changes and additions to the legislation of the Russian Federation related to the introduction of a ban on military personnel to provide information to the media and post it in the information and telecommunications network «Internet».
Key words: the Rights and duties of military personnel, restrictions of the rights of servicemen on the free placement of information, personal and otherwise closed for public access data.
2. On the issue of ensuring the legality of decisions of military officials in the field of military service in the context of law enforcement.
Kharitonov S.S., Colonel of Justice of the Reserve, PhD in Law, Professor, pvsvpo@mail.ru
Annotation: The article discusses some topical issues that arise in the law enforcement activities of military officials in the implementation of powers in the field of military service. Based on the example of the most common situations emerging in this area, Law-based actions of commanders (chiefs) are proposed to prevent violations of the legitimate rights and interests of military personnel. It is argued that it is necessary to correctly apply the norms of military legislation, which is complex, which predetermines the exact understanding by military officials of its meaning and content.
Key words: military service, soldier, military service under contract, dismissal from military service
3. Questions of participation of the Ministry of defence of Russia in ensuring transport security.
Koryakin V.M., doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport, Professor of the Military University, pvsvpo@mail.ru
Annotation. The article deals with the problematic issues of participation of the Russian defense Ministry in ensuring transport security as one of the elements of national security of the Russian Federation. The concept of transport security is revealed, the place of the military Department in its provision is shown, the conclusion is made about the incompleteness of legal regulation of these issues, some proposals are formulated to improve the legal regulation of the participation of the Ministry of defense of Russia in ensuring transport security of the Russian Federation.
Key words: national security; transport security; act of unlawful interference; Department of transport support; military automobile inspection; flight safety service; military transportation.
4. On some peculiarities of the registration of ROS guard.
Nazarova I.S. Head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military Institute of the national guard of the Russian Federation, PhD.N., associate Professor, pvsvpo@mail.ru
Shenshin V.M. Deputy head of the Department of constitutional and administrative law of the faculty (command) of the St. Petersburg military Institute of troops of the national guard of the Russian Federation, K. Yu.N., pvsvpo@mail.ru
5. To the question of the order of realization of the right of departure outside the Russian Federation of employees of the Federal security Service of the Russian Federation for private Affairs taking into account the deployment of border authorities in the territory of foreign States.
Kichigin N.V. senior researcher, Center for legal studies, pvsvpo@mail.ru
Kokoulin, A.V., researcher, Centre for legal studies, pvsvpo@mail.ru
6. On admissibility of combination of rent refund and staff accommodation with other housing options for servicemen.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, pvsvpo@mail.ru
Abstract. The author considers the opinion of the Judicial Chamber on Cases of the Military of the Supreme Court of the Russian Federation, according to which servicemen don’t have right on the rent refund after housing subsidy receiving. The consequences of that judicial approach are assessed. The Judicial Chamber’s position is criticized. The author proposes to use the broad interpretation of article 15 (4) of the Federal law of 27 May 1998 № 76-FZ «On the military personnel» for the purpose of the trials.
Keywords: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; staff accommodation; housing subsidy; rent refund
7. Problems of coordination of real estate turnover in the territory of a closed administrative-territorial entity.
Sokolov M.A., PhD (law), Head of division, Research Institute, University of prosecutor's office of the Russian Federation, pvsvpo@mail.ru
Meleshko D.A., PhD (law), Senior research officer, Research Institute, University of prosecutor's office of the Russian Federation, pvsvpo@mail.ru
The article is devoted to the consideration of issues of coordination of transactions of legal entities in respect of real estate objects located in the territory of closed administrative territorial entities. The author has considered the problem of delimitation of competence between law enforcement agencies in addressing this issue. Particular attention is paid to the adoption of a decision containing information on the compliance of a legal entity with the requirements of a special mode of safe operation of organizations.
Keywords: closed administrative territorial units, competence, the Ministry of Defense of Russia.
8. “Utility” disputes on logistic support to military units providing security for key state facilities.
D.S. Boguslavskiy, master's student in the Faculty of Law at the Lomonosov Moscow State University, pvsvpo@mail.ru
This article explores court practice on logistic support to military units providing security for key state facilities. Based on analysis of applicable law in its historical development and multiple court decisions the author determines the main causes of the disputes, examines key judicial approaches and defines practical application of the law.
Keywords: utilities, logistics, key state facilities, internal troops, national guard.
9. Choice of alternative civil service and criminal liability.
Sokolov Y.O., lawyer of the Rostov region chamber of lawyers, pvsvpo@mail.ru
The article deals with cases of criminal prosecution for evasion of conscription of citizens who have decided to use their constitutional right to choose an alternative civil service. The author gives an overview of convictions and acquittals in these criminal cases and analyzes the actions of citizens what were the reason for prosecution under part 1 of article 328 of the Criminal code of the Russian Federation.
Keywords: alternative civil service, pacifist, evasion from an appeal on military service, draft board, military department, beliefs, religion, statement, appeal, criminal liability.
10. Criteria of legitimacy of the reasonable risk as the circumstance excluding crime of act in the conditions of military service.
Shchukin D. S., senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order Zhukov of the red banner Institute of the national guard of the Russian Federation, Lieutenant Colonel of the Russian Federation, pvsvpo@mail.ru
Summary: the article deals with the study of the legality of causing harm to legally protected public relations at a reasonable risk in the conditions of military service. It is noted that the military legislation and regulations contain a large number of provisions that give military personnel the right to act at their discretion: to show reasonable initiative, independence, etc. the Commander, who makes a decision in conditions of uncertainty, always risks: whether the result of his actions will be justified, and the damage caused is proportionate to the goal. In addition, in the performance of military service by commanders may be a partial violation of the rights of subordinates. It is concluded that the actions of the commander can be recognized as being within the framework of the established risk, if he acts to achieve a socially useful goal — to maintain a high level of combat readiness of the military unit (division) and was not allowed to exceed the limits of reasonable risk.
Key words: reasonable risk, limitation of rights, discretion, decision-making, reasonable initiative, reasonable risk criteria.
11. To the question about improvement of activity of the military investigative agencies of the investigative committee of Russia, stationed overseas.
Osipov A.O., Investigative committee of the Russian Federation, The head of the 519 military investigation department, pvsvpo@mail.ru
Abstract: the article analyzes the norms, including international treaties between the Russian Federation and the host countries of the limited military contingent of Russia, regulating the activities of the military investigative bodies of the Investigative Committee of the Russian Federation stationed abroad. A number of gaps in international documents regulating the status and activities of military investigative bodies stationed abroad are identified, the main problematic issues arising in this regard in practice are formulated, and possible ways to solve them are outlined.
Keywords: Investigative Committee, military investigative bodies, activities of military investigative bodies stationed abroad, problematic issues of the status and activities of military investigative bodies.
12. Legal regulation of the participation of military personnel in the management of public-state organizations engaged in the development of military-applied and service-applied sports.
Zaikov D.E., Associate Professor at the Department of Civil Law, International Private Law and Civil Procedure of the Law Institute of the Russian University of Transport, Candidate of Law, pvsvpo@mail.ru
Annotation: The article from a critical point of view examines the existing legal regulation of the participation of military personnel in the management of public-state organizations engaged in the development of military-applied and service-applied sports. The author concludes that there are no legal grounds for establishing a permitting procedure for the implementation by military personnel of the right to participate in the management of these organizations.
Keywords: military personnel, conflict of interests, management, public and state organizations, military applied, service and applied sports.
13. Some aspects of improvement of organizational and regular structure of bodies of inquiry of military police of Armed Forces of the Russian Federation.
Mintyagov S.A., captain, postgraduate officer of Military administration, administrative and financial law Department of Military University, pvsvpo@mail.ru
Abstract. The article deals with the legal and organizational aspects of improving the bodies of inquiry of the regular structure of the military police of the Russian Federation Armed Forces. The current staff structure of the bodies of inquiry of the military police does not fully meet the requirements of the legislation to perform the tasks assigned to the bodies of inquiry of the military police by the state and the Russian Federation Ministry of defence. In order to implement the tasks for the liberation of commanders of military units from non-core functions, improving the efficiency of activities of bodies of inquiry of the military police, quality of the new approach in the application of criminal procedural powers, the author came to the conclusion about the necessity of increasing the regular number of the military police bodies of inquiry. The author conducted an empirical study to determine the exact number of specialists needed to exercise the powers of the body of inquiry.
Keywords: military police; powers; body of inquiry; investigators.
14. Moral teachings of islam and their influence on the formation of legal culture military servicers.
Ivaneev S.V., PhD in Law, president of a non-profit organization “Association of 21st Century Citizens for the Development secularism and humanism” , pvsvpo@mail.ru
Annotation: the main difference between scientific (secular) philosophy as a specific worldview system in its extremely general expression is a world view, free from mythological and religious traditionalism, based on the principles of reason, critical understanding of life and irrefutable data of people's life practice, which indicates the urgent need to form today's defenders of the Fatherland constitutional legal worldview with the education of personal development of sociality as a person’s essence in order to prevent tions of extremism and terrorism in Russia.
Thus, the author comes to the conclusion that the relevance of legal education of Muslim servicemen of the Russian Federation and the need to create a system of public control over observance of the principles of secularism of the state, equality of religious associations, ideological diversity and systemic work on freedom of conscience management.
Keywords: Islam, humanism, legal culture, cult, freedom of conscience, secularism, religion.
15. Legal education and features of its implementation in the military by the military clergy (issues of improving the legal work). Part 1
Ovcharov O.A., candidate of legal Sciences, pvsvpo@mail.ru
Abstract: The article briefly discusses and analyzes some problems of improving legal work in the field of state-Church relations in the implementation of commanders and military clergy of their powers (in the religious sphere) related to legal education of personnel of the troops and proposes possible solutions. The article reveals the essence of legal education in relation to military Affairs, the role of the volitional qualities of soldiers, the spiritual foundations of their legal consciousness, religious means. The article analyzes the place of military clergy, religious education in legal education of personnel, in the realization of their right to freedom of religion. The spiritual meaning of enlightenment and its use in strengthening of legal consciousness and legal culture of soldiers are investigated. The influence of the military clergy on the legal education of the troops, their legal education, the strengthening of the rule of law in military collectives and the defense of the state.
Key words: legal work, the right of military personnel to freedom of religion, military clergy, military service, legal education.