THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8

 ISSUE CONTENTS: 

 

1.  On the dismissal of servicemen in the appraisal procedure due to their failure to comply with the terms of the contract: law enforcement and legality.

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

The article examines judicial acts on the legal regulation of the activities of certification commissions for the early dismissal of military personnel from military service due to their failure to comply with the terms of the contract in the order of certification..

Keywords: early dismissal of military personnel from military service, non-fulfillment of contract terms by the military, certification commission, legality.

 

2. Some features of the organization of work to counter corruption in the national guard troops of Russia.

Arutyunyan T.I., responsible executor  of the servicemen income’s information of the personnel department Saint-Petersburg military Institute of National Guard Troops Saint-Petersburg , pvsvpo@mail.ru

The article is devoted to the specific features of the organization of the work of personnel units to combat corruption in the National Guard troops. The author reveals the importance of countering corruption as an independent direction of domestic public policy.

Keywords: anti-corruption, the National Guard troops, anti-corruption organization, anti-corruption education, professional development in the field of anti-corruption

 

3. The influence of the novels of the federal law as of march 6, 2019 no. 19-FZ  on the legal status of military personnel of the organs of state security.

Davydov A.V., candidate of law, Academy of the Federal security service of the Russian Federation, pvsvpo@mail.ru

Gimatdinov T.R., Academy of the Federal security service of the Russian Federation, pvsvpo@mail.ru

The article is devoted to the legal status of servicemen. The paper discusses innovations in the field of prohibitions and restrictions on the rights and freedoms of military personnel, as well as the features of the implementation of these prohibitions and restrictions on military personnel of state protection bodies.

Keywords: soldier, right status, prohibitions and restrictions, state protection bodies.

 

4. On the law enforcement practice in the field of housing providing military personnel.

Taranenko V.V., State Counselor of Justice Grade 3, Candidate of Law, Associate Professor; Kharitonov S.S., Colonel of Justice of the Reserve, Ph.D. in Law, Professor, pvsvpo@mail.ru

Annotation: the article discusses situations that arise when legal norms are applied by law enforcers. The necessity of a common understanding of the content of legal norms is demonstrated. The complexity of the legal regulation of the implementation of housing rights of military personnel is noted, which predetermines the obligation to take into account the legal prescriptions of military, housing, family, administrative, financial and other legislation when making decisions by military officials and the military rights themselves.

Keywords: status of a military man, housing provision for military men.

 

5. The President of the Russian Federation has determined the procedure for housing for citizens to be resettled from closed military towns.

Koryakin V.M., doctor of law, Professor, Professor of the Military University, Deputy Director of the Law Institute of the RUSSIAN University of transport», pvsvpo@mail.ru

The article is a scientific and practical commentary to the Decree of the President of the Russian Federation of may 23, 2019 № 239 "On the peculiarities of housing of citizens of the Russian Federation to be resettled from closed military towns." The prognostic assessment of this document from the point of view of its influence on the solution of housing problem in the Armed Forces and other troops is given, some of its shortcomings are noted, and also some offers on adjustment of departmental normative base of housing of the military personnel, citizens dismissed from military service and members of their families are formulated.

Keywords: housing; military towns; state housing certificate; the contract of social hiring of premises; the provision of residential premises in the property free of charge.

 

6. Problems of observance of the General legal principles and the rights of participants of accumulative mortgage system of housing of the military personnel in case of the planned change of rules of receipt of the target housing loan.

Anikushin S.V., Deputy Head of the Acquisition Department of the St. Petersburg Military Institute of the Russian National Guard Troops, Major, pvsvpo@mail.ru

Annotation: the article analyzes the provisions of the draft law "On amendments to article 14 of the Federal law "On savings and mortgage system of housing for military personnel", providing in the case of its adoption the possibility of using the participants of the savings and mortgage system of housing for servicemen savings and obtaining a targeted housing loan not after 3 years of participation in the savings and mortgage system as at present, but only after reaching ten years and more of the total duration of military service.

Key words: military personnel, the right to housing, the military mortgage, the violation of human rights.

 

7. On reform of the Russian legislation on contract system regarding application of the closed procurement procedures for the purpose of the defense and security procurement: quo vadis legislator?

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

Upcoming amendments of the Federal act of 5 April 2013 № 44-FZ "On the contract system in the procurement of goods, works, services for state and municipal needs" are considered. The author analyzes and evaluates the main ideas of the bill proposed by the Russian Ministry of Finance for improving the legal regulation in the field of the application of closed procurement procedures for the purpose of the defense and security procurement.

Keywords: government procurement; e-procurement; defense and security procurement; procurement procedure; defense contract; sensitive contract.

 

8. Priority areas of development of the contract system in the field of procurement for state and municipal needs.

Samoylov A.V., researcher, Center for legal studies, pvsvpo@mail.ru

The article focuses on the perspective directions of development of the contract system in the sphere of procurement of goods, works, services for state and municipal needs on the basis of the issues allocated by the executive authorities. The author's definition of the concept of contract system in the sphere of procurement of goods, works, services for state and municipal needs.

Keywords: public procurement, contract system in the field of procurement, procurement for needs of national defense and security of the state, competitiveness.

 

9. Indirect infliction in the commission of violence against the chief (article 334 of the criminal code).

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 the issue of qualifying the execution of a crime by a special subject through "non-special". As an example, the author uses a known incident describing the commission of violent actions against a superior during the performance of his military service duties.

Keywords: complicity, performer, special subject, mediocre execution, military crimes

 

10. Judicial (procedural) costs in the implementation of criminal proceedings in military courts: practical aspects.

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

The article on the examples from the practice of military courts set out legal positions on issues relating to the order of distribution of judicial (procedural) costs in the proceedings of a criminal case.

Keywords: procedural costs, criminal proceedings, lawyer's pay, military courts.

 

11. Legal representation: new legal regulation and new problems.

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 considers the changes in the procedural legislation in terms of the introduction of the institution of professional judicial representation and identifies the problems of its legal regulation.

Keywords: legal representation, representative, court, higher legal education, power of attorney.

 

12. The refusal of a citizen from exemption or deferment from conscription for military service.

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

The article is devoted to the latest changes in the legislation on military du-ty and military service. Changes relate to the implementation of the rights of citizens to release and postponement of conscription.

Keywords: conscription, deliverance, postponement, military department, draft board.

 

13. Self-defense and humanitarian intervention: on the issue of just bases of war.

Shaveko O.N., Candidate of Law Researcher of the Udmurt branch

Institute of Philosophy and Law, Ural Branch of RAS, pvsvpo@mail.ru

The article discusses the basic principle of jus ad bellum - the principle of a just cause (good reason, just cause) to start a war. Self-defense and humanitarian intervention are analyzed as two such fair causes. Keywords: self-defense, humanitarian intervention, just war, jus ad bellum

 

14. Alternative civilian service during the war.

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

The article deals with the conditions of realization in Russia of the right to replace military service with alternative civil service during the wars of the first quarter of the twentieth century. The author also investigates the peculiarities of legal regulation of the current Russian legislation of alternative civil service in wartime.

Keywords: alternative civil service, military service, war, martial law, war-time.

 

15. Military Administration - trends in the development of academic discipline.

Titov V.V., legal adviser to the military unit 44239, lieutenant colonel of justice (retired); Kalashnikov V.V., head of the military Department Russian University of justice, PhD in law, colonel of justice, pvsvpo@mail.ru

The article considers the view on the problem of the relevance of the improvement and development of military administration as a discipline at the present stage based on the practical needs of both military lawyers and military officials.

Keywords: military administration, military law science, trends in the development of military administration.

 

16. New cassation procedure in criminal proceedings involving military courts.

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»

The article commented on the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of the norms of Chapter 47.1 of the Criminal Procedure Code of the Russian Federation governing the court of cassation” dated June 25, 2019 No. 19, reflecting the practice of applying new criminal procedure procedures created courts of cassation.

Keywords: criminal procedure, proceedings in the court of appeal, proceedings in the court of cassation, military court, military court of cassation, military court of appeal, military criminal law, military criminal process.