THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7

 ISSUE CONTENTS: 

1.  Evasion of military service by contract servicemen: issues of qualification and legality of punishment.

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

The article deals with the problems of qualifying acts related to the evasion of military service by military personnel under military service under the contract (Article 337-339 of the Criminal Code). The author expresses his opinion on the qualification of this act. The social, moral and legal prerequisites of criminal responsibility for evading military service by servicemen undergoing military service under the contract are substantiated.

Keywords: evasion of military service, crimes against military service.

 

2.  Official secret as an information security institute.

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

The article deals with the peculiarities of legal regulation of the Institute of official secrets, problematic issues of its application and possible ways of their resolution.

Keywords: information, official secret, official information, office work, restriction.

 

3. Artificial intelligence in the norm-setting process in the sphere of realization by veterans of the Armed forces of the Russian Federation, who suffered in the performance of military duty, and their family members of the constitutional right to health protection.

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

The article is devoted to the analysis of modern capabilities of artificial intelligence technologies in standard-setting activities as a means of protection from inaction of the constitutional right of the authorities to protect the health of servicemen injured in the performance of military duty, and their families. On the example of specific regulations shows the problems of persons with disabilities due to military trauma in the provision of sanatorium treatment.

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, Big data, Disabled due to military trauma.

 

4. Legislative support of medical examination of state aviation flight personnel.

Kholikov I.V., Doctor of Law, Professor, pvsvpo@mail.ru; Vovkodav V.S., Candidate of Medical Sciences, pvsvpo@mail.ru

The article deals with the legal regulation issues of medical support of state aviation flights and formation of the system of medical selection of state aviation specialists who are subject to medical examination in medical-flight commissions. Legal collisions of the Russian Federation legislation are revealed and particular measures are suggested to eliminate them, in particular by adoption of the proposed draft of the federal law.

Keywords: state aviation, health condition, military-medical expertise, medical-flight commission, medical examination, draft of federal law.

 

5. On the moment of arising of the right of the participant of the savings and mortgage system for servicemen to receive home loan.

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

Bill on changing the moment of arising of the right of servicemen to receive home loan prepared by Ministry of Defense of the Russian Federation is considered in this article. The author analyzes the arguments of the bill’s developers and gives evaluation of the proposed legislative changes.

Keywords: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; home loan

 

6. IIS is of interest (on the possibility of investing funds by military personnel in the securities market using an individual investment account).

Koprov V.M. Lecturer Department of automation and computer tools of the Yaroslavl higher military school of air defense, lieutenant-colonel, Ph.D. in Economics, pvsvpo@mail.ru

The article deals with the features of investing funds in the securities market using an individual investment account, the question of the legality of the use of this method of investment by the military to preserve and increase their capital, provides recommendations on the choice of the management company for the conclusion of the contract for the maintenance of an individual investment account, compares individual investment accounts of various types, disassembled the procedure for providing investment tax deductions, provides recommendations to the military on investing funds using an individual investment account.

Keywords: individual investment account, securities market, management company, investment tax deduction.

 

7. Four causes of violations of rights of conscripts to replace military service with alternative civil service.

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

The article deals with the main reasons of illegal refusals of draft commissions to replace military service by alternative civil service. The author on the basis of statistical data refutes the widespread opinion that the removal of bureaucratic barriers to access to alternative civil service under the current conditions may interfere with the implementation of the draft plans. The role of negative stereotypes about this type of service in limiting the right of citizens to pass it is separately investigated. The material is supported by examples from the practice of citizens to defend their rights.

Keywords: alternative civil service, draft board, military department, evasion from an appeal on military service, statement, responsibility, appeal.

 

8. On the promotion of facilitating the disclosure of corruption crimes.

Koryakin V.M., doctor of law, Professor, Professor of the Department of military administration and administrative law of the Military University; Deputy Director of the Law Institute of the Russian University of transport (RUT)) ; 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

The article analyzes the problematic issues related to the material incentives of persons who provide information to law enforcement agencies about corruption crimes. The foreign experience of application of this anti-corruption tool is considered, the possibility of application of this experience in the Russian practice of legal regulation of anti-corruption activity is estimated. Some ways of solving the identified problems are proposed.

Keywords: corruption; anti-corruption; monetary reward; fight against corruption crime.

 

9. International experience in the development and application of international criminal law and criminal procedure in war crimes cases.

Belyy I.Yu., Doctor of Law, Associate Professor, Justice Colonel in Stock, pvsvpo@mail.ru

the article considers some issues of development and application of international criminal law and criminal procedure law in cases of war crimes on the example of the creation and operation of the International criminal court.

Keywords: International criminal court, war crimes, international criminal law, international criminal justice bodies.

 

10. Military duty in Russian and foreign constitutions: comparative legal research.

Kapitonova Ye. A., PhD (candidate of juridical sciences) associate professor at the criminal law chair of the law department of Penza State University, pvsvpo@mail.ru

Based on the analysis of 67 constitutions of different countries, the author concludes that it is possible to identify 5 approaches to the consolidation of the duties of the individual in this area: 1) the duty to protect the Homeland; 2) the duty to perform military service; 3) the combination of the two approaches considered; 4) the highest sense of military duty; 5) the complete absence of such a constitutional duty. The article analyzes each of these approaches: a comparison of formulations, examples from the texts of the basic laws of different countries. It is concluded that in almost half of the cases there is no reference to such an obligation of the individual in the constitutions. In addition, a brief overview of the Russian history of these responsibilities is given.

Keywords: military duty, protection of the Fatherland, constitutional duties of the individual, comparative legal analysis of constitutions, constitutions of foreign countries

 

11. The dignity of the officer: the past and thoughts.

Glukhov E.А., candidate of law, Colonel, pvsvpo@mail.ru

Тhe article compares the rules of conflict resolution in the officer environment of the Russian army in the pre-revolutionary period. Given the historical examples and examples from the classics of literature regarding the style of communication among the officers. The author comes to the conclusion that the officer of the tsarist army has such regulators of behavior as a sense of belonging to the noble (elite) class and the associated rules of honor, public organizations to consider conflicts in the officer environment, independent of the command, which is not in the modern army.

Keywords: bureaucracy, rudeness, honor and dignity, duel, incentives of military service, court of honor, business etiquette.

 

12. Legal education and features of its implementation in the military by the military clergy (issues of improving the legal work). Part 2

Ovcharov O.A., candidate of legal Sciences, pvsvpo@mail.ru

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.