THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9
1. Novelties in legal support of information security of servicemen.
Baranenkov V.V., Doctor of law, Professor, firstname.lastname@example.org
Abstract: the Article is devoted to the consideration of changes in legislation concerning the establishment of a number of prohibitions and restrictions aimed at ensuring information security of servicemen and their families.
Keywords: status of military personnel, prohibitions and restrictions, responsibility of military personnel, information security, placement of information on the Internet.
2. Employees of military organizations: improving anti-corruption status.
Zaykov D.E., Associate Professor, Department of Civil Law, Private International, Law and Civil Procedure, Law Institute of the Russian University of Transport, Ph.D., email@example.com
Annotation: The article deals with the proposed changes in the anti-corruption legislation in terms of improving the status of employees of military organizations participating in anticorruption relations.
Key words: anti-corruption, workers, military organizations, restriction of rights, duties, corruption-dangerous positions.
3. Problems of legal regulation of issues of expulsion of cadets from military educational institutions of higher education (on the example of the Federal service of national guard troops of the Russian Federation).
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: this article analyzes the existing problems of expulsion of cadets from the military institutions of the Russian guard for committing crimes of practical legal significance, and offers solutions.
Key words: military personnel, cadets, military discipline, crime, disciplinary responsibility, dismissal, failure to comply with the terms of the contract.
4. Features of the prosecutor's check of the execution of laws on medical support of military personnel.
Venevitina V.A., postgraduate student of the Department of Prosecutor's Super-vision and Participation of the Prosecutor in the Review of Criminal, Civil, and Arbitration Cases of the Saint-Petersburg law institute (branch) of Federal Establishment of Higher Education «University of the Office of the Prosecutor of the Russian Federation», email@example.com
The article is devoted to the issues of violation by the military of the legislation on compulsory medical insurance. Receiving military personnel and persons with special status, the policy of compulsory medical insurance, as well as medical care at the expense of the budget of the Federal Fund for Mandatory Medical Insurance violates existing legislation and has negative consequences for both medical institutions and the budget system of the Russian Federation. The article also addresses issues of conducting prosecutor's checks on the implementation of legislation on compulsory health insurance and compliance by military personnel with the norms of current legislation on the protection of their life and health.
Key words: military, health care, health care institution, compulsory health insurance, prosecutor.
5. About continued employment for the citizen, passing military service on an appeal.
Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, firstname.lastname@example.org
Now employers have the right to refuse to the citizens who passed military service on an appeal or alternative civil service employment on former workplaces. The only exceptions are state organizations. The article discusses the draft laws aimed at changing the current situation, as well as provides a brief overview of the additional rights of citizens dismissed from military service.
Keywords: conscription, referral to alternative civil service, employment, dismissal, workplace.
6. On payments to family members of a posthumously awarded soldier: legality and justice of a legal norm.
Taranenko V.V., State Counselor of Justice, Grade 3, Candidate of Law, Associate Professor, email@example.com
Kharitonov S.S., Colonel of Reserve Justice, Candidate of Law, Professor, firstname.lastname@example.org
Resume: The article discusses the legal regulation of the payment of a lump-sum monetary incentive to persons serving the federal public service, with their encouragement by the President or the Government of the Russian Federation, as well as with their state awards. Since this payment is exclusively encouraging in nature, it is paid only to the most encouraged. In this regard, in the case of awards made posthumously, this one-time incentive is not payable. Accordingly, family members of a posthumously awarded soldier are not eligible to receive this promotion. Changes to the legislation are proposed in order to provide the grounds and procedure for the payment of one-time incentives to family members of deceased (deceased) persons who have served in the federal public service and who have been awarded state awards of the Russian Federation, including posthumously.
Keywords: military service, military serviceman, monetary allowance for military personnel, cash payments to military personnel, monetary incentive, military courts, legality.
7. Brief scientific and practical commentary on the Decree of the President of the Russian Federation of May 23, 2019 No. 239 “On the features of housing support for citizens of the Russian Federation subject to resettlement from closed military towns”
Gaidin D.Yu., Senior Legal Advisor, Colonel of Justice, candidate of law, email@example.com
Kovtkov D.I., Head of Department Ministry of Defense of the Russian Federation, State Advisor to the Russian Federation, Grade 3, Senior Researcher, Administrative Department legislation and process Institute of Legislation and Comparative Law under the Government of the Russian Federation, candidate of law, firstname.lastname@example.org
Abstract: The article provides expert points of view and comments on the new order of housing for citizens living in military lock towns.
Key words: military lock town, housing provision of citizens, decree of the President of Russia.
8. Soldier as a special subject of law: specifics of realization of the right of the military personnel to office premises.
Nizhnik N.S., Head of the Department of Theory of State and Law of the Saint-Petersburg University of the MIA of Russia, Dr. Sci. (Jurid.), Cand. Sci. (Hist.), Professor, Honored Worker of Higher Education of the Russian Federation, email@example.com
Kudryavtsev I.V., adjunct of the Department of Theory and History of State and Law of the St. Petersburg Institute troops of the national guard of Russian Federation, firstname.lastname@example.org
Abstract. The article is devoted to the implementation of legal norms that enshrine the rights of servicemen to office premises. The problematic issues that take place in the practice of providing military service premises in modern Russia are identified, proposals for their solution are formulated.
Keywords: right to housing, special subject of law, soldier, soldier's family, service housing, soldier's right to service housing, employment, monetary compensation.
9. Scientific and practical commentary to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 11, 2019 No. 15 “On Amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 12, 2002 No. 5 “On Judicial Practice in Cases of Theft, Extortion and Illicit Trafficking , ammunition, explosives and explosive devices”
Eermolovich Ya.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
Annotation. The article commented on the changes made to the resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in cases of theft, extortion and illicit trafficking of weapons, ammunition, explosives and explosive devices” dated March 12, 2002 No. 5, reflecting the practice of applying new criminal legal provisions on criminal liability for crimes involving illicit trafficking in arms, ammunition, explosives, explosive devices, the author provides a legal and scientific assessment of the adopted changes, identifies problems its legislation suggests ways to solve them.
Key words: criminal liability, weapons, ammunition, explosives, explosive devices, illegal circulation of weapons, theft of weapons, extortion of weapons, military personnel, military criminal legislation.
10. On some issues of qualification and sentencing for terrorist crimes.
Kharitonov S.S., Colonel of Justice of the Reserve, PhD in Law, Professor, firstname.lastname@example.org
Annotation: The analysis of legal norms and judicial practice on the problem of qualification and sentencing for the commission of crimes of a terrorist nature was carried out. It is shown that when implementing qualifications, it is necessary to clearly define the criteria for distinguishing between various types of crimes of a terrorist nature. The differentiation of responsibility for various acts of a terrorist nature is outlined.
Keywords: crimes of a terrorist orientation, terrorist act, qualification of crimes, sentencing.
11. About the right of the citizen who has chosen alternative civil service to invite to meeting of the draft Commission of persons who are ready to confirm reliability of its arguments.
Y.O. Sokolov, lawyer of the Rostov region chamber of lawyers, email@example.com
Current legislation requires conscripts who have chosen alternative civilian service to prove that military service is contrary to their beliefs or religion. To do this, citizens have the right to invite to the meeting of the draft Commission per-sons who agree to confirm the validity of their arguments. However, members of the commissions often deny these persons access to meetings or do not give them the opportunity to speak. The article discusses the legal consequences of these violations and examines examples from judicial practice.
Keywords: alternative civil service, draft board, military department, beliefs, religion, statement, appeal, witness.
12. Legal regulation of military training centres: what is new?
Kalashnikov V.V., colonel of justice, head of the military Department at the Russian State University of justice, candidate of legal Sciences, associate Professor, firstname.lastname@example.org
Abstract: the subject of this article is the changes in the legislation on the activities of military training centers at higher education institutions, the procedure for the creation of new structures of military training, commented on the new Provision of military training centers, as well as the gaps in the legal regulation of this activity at the present stage of development of this type of education.
Keywords: military training center, military accounting specialty, training, training of reserve officers, new legislation.
13. Some features of the current international legal status of the Caspian sea and their impact on international shipping and naval activities of States.
Petrov O.Y., candidate of legal Sciences, email@example.com
Abstract: the article deals with the modern aspects of the international legal and regional status of the Caspian sea and the use of its waters for international navigation and military navigation. The regime of the Caspian sea and its compliance with the status and regime of internal waters as part of the state territory of coastal States. Modern international features of military navigation, the rules of international Maritime law governing navigation in the Caspian sea. The article analyzes the main provisions of the Convention on the legal status of the Caspian sea, reveals the aspect of the need to ratify the Convention on the Caspian sea in the near future.
Key words: international Maritime law, international conventions, military shipping, the incident, the Caspian sea, the Convention on the Caspian sea, the Constitution of the Caspian sea, innocent passage, a notification of marine scientific research, prevention of incidents, security, UN Convention of 1982.
14. Land as an obstacle to obtaining housing for servicemen: the need to adjust the law.
Kharitonov S.S., Colonel of Justice of the Stock, candidate Law, Professor, firstname.lastname@example.org
Annotation: the article considers the situation when military personnel who are registered as needing, when they are provided by the state authority or local government body for the construction of a dwelling house (individual housing construction) in accordance with the established procedure, are subject to deregistration of the needy. Analyzed the judicial practice on this issue. The necessity of amending the legislation governing the housing of military personnel is substantiated.
Key words: status of a military man, housing provision for military men.
15. Legal education and features of its implementation in the military by the military clergy (issues of improving the legal work). Part 3.
Ovcharov O.A., candidate of legal Sciences, email@example.com
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.