THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
1. Legal regulation of the participation of servicemen and federal civil servants of the Ministry of Defense of the Russian Federation in the management of certain types of non-profit organizations.
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 (MIIT), PhD in Law, firstname.lastname@example.org
Annotation: The article deals with the procedure for obtaining permission for participation of military personnel and federal civil servants on a free of charge basis in managing certain types of non-profit organizations as the sole executive body or joining their collegiate management bodies established in the Ministry of Defense of the Russian Federation. The author justifies the need and ways to improve this procedure.
Keywords: military personnel, federal civil servants, non-profit organizations, management, conflict of interest.
2 . Legal regulation of the use of the Armed Forces of the Russian Federation in the fight against terrorism.
Eermolovich Y.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», email@example.com
Merkur'ev V.V., Doctor of Legal Sciences, Professor, head of the Department of prosecutorial supervision and strengthening the rule of law in the field of Federal security, interethnic relations and countering extremism Research Institute of the University of Prosecutor's office of the Russian Federation, firstname.lastname@example.org
Abstract. The article analyzes the complex of normative legal acts regulating the procedure of attraction and application of units, units and units of the Armed Forces of the Russian Federation to counter terrorist activities, the authors give a legal and scientific assessment of the current legislation in this area, identify the problems of the current legislation, propose ways to solve them.
Keywords: terrorism, fight against terrorism, military personnel, Armed Forces of the Russian Federation, Ministry of defense of the Russian Federation, counter-terrorist operation.
3. Some aspects of fight against extremism and its manifestations in the republic of Belarus.
Bruyako A.N., Lecturer in the cycle of state law disciplines Department of Legal Disciplines of the Faculty of Internal Troops of the Educational Institution «Military Academy of the Republic of Belarus» Major of Justice, email@example.com
Abstract. The article analyzes the legal regulation of certain aspects of the fight against extremism and its manifestations in the Republic of Belarus, examines the legal responsibility in this area based on practical examples, examines certain norms of the Charter of the Collective Security Treaty Organization in the field of countering extremism, describes the main areas of making and changing proposals to the legislation of the Republic of Belarus in the area under study.
Key words: fight against extremism, legal responsibility, CSTO member states.
4. Administrative discretion in the context of enforcement administrative coercive measures by border guard authorities.
Svininikh O.Y., candidate of legal sciences, А solicitor of law department of the Centre of Russian Law Studies «Aquitas», firstname.lastname@example.org
Annotation: The article is devoted to researching the legislation in regard to the enforcement of realization of the right to administrative discretion in the context of enforcement administrative coercive measures. The author reveals a number of problems, arising in law enforcement practice and in legal regulation of administrative discretion measures and offers the ways of solutions.
Key words: administrative discretion, border guard authorities, administrative coercive measures, administrative discretion, insignificance of the offence, the use of weapons by border authorities.
5. About normative legal regulation of the legal status of employees of troops of national guard of the Russian Federation.
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, email@example.com
Abstract: In the article the author considers some features of the legal regulation of the legal status of the national guard troops.
Key words: legal regulation, legal status, Grew guard, employee.
6. On ensuring legality in cash payments to servicemen.
Taranenko V.V., State Counselor of Justice Grade 3, PhD in Law, Associate Professor, firstname.lastname@example.org
Kharitonov S.S., Colonel of Justice of the Reserve, PhD in Law, Professor, email@example.com
Annotation: the article deals with problem situations of law enforcement practice in the field of cash payments to servicemen
Keywords: military service, serviceman, allowance for servicemen, cash payments to servicemen
7. Features of acquisition of citizenship of the Russian Federation by the military personnel under the contract in armed forces of the Russian Federation, other troops, military formations and bodies.
Kichigin N. V. senior researcher, center for legal studies, firstname.lastname@example.org
Kostyuchenko A. A., specialist of LLC "Center of expertise and legal protection», email@example.com
Abstract: the article describes the features of the acquisition of citizenship of the Russian Federation by military personnel under contract in the armed forces of the Russian Federation, other troops, military formations and bodies. The legal analysis of international treaties (agreements), the Federal legislation of the Russian Federation on the issue of admission to citizenship of the Russian Federation at the request of the military authorities.
Key words: Citizenship of the Russian Federation, Border management of FSB of Russia in the Republic of Armenia, service in the territory of a foreign state.
8. Problems of observance of the general legal principles of equality and social justice in case of dismissal of military servicemen due to their recognition as unfit for military service due to a military injury.
Anikushin S.V., Deputy Head of the Acquisition Department of the St. Petersburg Military Institute of the Russian National Guard Troops, Major, firstname.lastname@example.org
Annotation: the article analyzes the content of legal acts regulating the procedure for the payment of one-time benefits to servicemen upon dismissal from military service in connection with the recognition of them unfit for military service due to military injury, persons who participated in the activities to combat terrorism, injured, resulting in the onset of disability, as well as the practice of their application by the courts.
As a result, the author comes to the conclusion that the current practice of application of the above-mentioned legislative provisions hinders the realization of the right to receive the corresponding one-time benefit upon dismissal from military service by servicemen recognized as unfit for military service due to military trauma, if they receive the one-time benefit previously provided for in paragraph 3 of article 21 of the Federal law of 6 March 2006 No. 35-FZ "on combating terrorism", which contradicts the General legal principles of equality and social justice..
Keywords: military man, counter-terrorism, harm, military injury, dismissal from military service.
9. 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, email@example.com
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.
10. Legal consequences arising from the unjustified refusal of military personnel from service housing.
Zhabrovskiy R.A., legal adviser of the military unit, major, firstname.lastname@example.org
In this article the author analyzes the legal imperfection arising from the unjustified refusal of military personnel from service housing
Key words: military man, monetary compensation, service housing.
11. The accumulative-mortgage system of housing for military personnel.
Kuspanova O.V., student of the Military University of the Ministry of Defense of the Russian Federation, email@example.com
Abstract. In the article, the author examines the judicial practice of the confession the housing shared by the military under the accumulative-mortgage system of housing for the military personnel common property. According to the author, this topic is relevant, as in judicial practice there are conflicting decisions about the partition of property acquired by the NIS during the marriage. Using the analysis of judicial practice, the author proposes to change the legal regulation of the above issue.
Key words: military personnel, the accumulative-mortgage system of housing for military personnel.
12. Real rights to immovable property of institutions (organizations) subordinated to the Ministry of Defense of the Russian Federation.
Shkaba V.V., Student 4th year of the Military University of the Ministry of Defense of the Russian Federation, firstname.lastname@example.org
Annotation: The article deals with certain issues related to the disposal of property of the Armed Forces of the Russian Federation and subordinate to the Ministry of Defense of the Russian Federation. In particular, based on an analysis of legislation and judicial practice, the author discloses cases of unreasonable registration of real estate, subordinated to the Ministry of Defense of the Russian Federation, into municipal ownership.
Keywords: real rights, immovable property, institutions (organizations) of the Ministry of Defense, objects of federal property, local governments.
13. Five grounds for refusal to replace military service of alternative civil service.
Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, email@example.com
The article describes the grounds for refusal to replace military service by alternative civil service. Various violations of draft commissions in case of refusal of citizens to exercise the constitutional right to replace the type of service, their causes and consequences are considered.
Keywords: alternative civil service, draft board, military department, beliefs, religion, statement, appeal, false information, absence, evasion of service.
14. Typical investigative situations and versions in the investigation of the voluntary surrender of servicemen.
Ageshin А.A., Lieutenant Colonel of Justice, postgraduate officer of Criminalistics Department of Military University, firstname.lastname@example.org
Abstract: the article discusses typical investigative situations and investigative versions revealed in the course of a retrospective investigation of criminal cases on voluntary surrender of military personnel, outlines the circumstances to be established in each of the considered investigative situations, and gives recommendations on how to conduct a complex of investigative and other procedural actions.
15. Determination of military relationships as an problem of investigation of military crimes.
Talalaev V.A., PhD in Law, Associate Professor Head of the Department of Legal Disciplines at the Faculty of Internal Troops of the Educational Establishment “Military Academy of the Republic of Belarus”, colonel, email@example.com
Asayonok B.V., PHD in law associate professor Head of the Cycle of Civil and Criminal Disciplines in the Department of Legal Disciplines of the Faculty of Internal Troops of the Educational Establishment “Military Academy of the Republic of Belarus”, lieutenant colonel, firstname.lastname@example.org
Abstract. The investigation of military crimes is directly related to the establishment and proving not only of a special subject - a soldier who committed this type of unlawful acts, but also the existence of military legal relations, the violation of which should be qualified as a military crime. This circumstance does not always become an independent task of investigation, which may entail not only mistakes in qualifications, but also the imposition of an unjustified sentence in a criminal case.
Keywords: investigation tasks; forensic characterization; war crimes; military legal relations; special knowledge.
16. Digitalization of office work of military organizations as a necessary element of informatization of personnel.
Kudashkin A.V., Doctor of Law, Professor chief editor of a scientific journal “Law in the Armed Forces - Military Law Review”, email@example.com
Bunin K.A., The five-year cadet of the prosecution and investigation faculty of the Military University of Russian Defense Ministry, firstname.lastname@example.org
Annotation. This article discusses issues related to the justification of the need for digitalization of records management in the Armed Forces of the Russian Federation, as well as their informatization, the method of conducting.
Keywords. Office work in the Armed Forces of the Russian Federation, digitalization, information system, Informatization.
17. Artificial intelligence as a means of anti-corruption expertise in the legislative process in the defense sphere.
Skovorodko Alexander V., Candidate of the Department of constitutional and administrative law of the National Research University Higher School of Economics, email@example.com
Abstract. The article is devoted to the analysis of modern possibilities of artificial intelligence technologies in norm-setting activity as a means of anti-corruption examination to protect the rights of servicemen affected by military duty.
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.
18. To the question of the capacity of the parishes of the military temples (issues of improving legal work).
Ovcharov O.A., candidate of legal Sciences, firstname.lastname@example.org
The article briefly discusses and analyzes some problems of improving legal work in the field of Church-state relations in the implementation of military clergy, parishes of military churches of their powers in the religious sphere and proposes possible solutions.
Key words: legal work, the right of servicemen to freedom of religion, military clergy, military service, military temple.