THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1

 ISSUE CONTENTS: 

 

1. Rules of Judicial Conciliation: Union of Mediation Procedures and Judicial Proceedings

Voronov A.F., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Professor, Law Faculty of Moscow State University named after M.V. Lomonosova, Professor, Institute of International Law and Justice, Moscow State Linguistic University, pvsvpo@mail.ru

Abstract . The article analyzes the regulations of the Rules of judicial conciliation as an act adopted to improve conciliation procedures, a new stage of development of which was embodied in the Federal law No. 197 of July 26, 2019 "On Amendments to Certain Legislative Acts of the Russian Federation". The author compares the norms of the Federal Law No. 193 of 27, 2010 «On the Alternative Procedure for Settling Disputes with the Participation of an Intermediary (Mediation Procedure)», Rules,  tries to define features of the order of reconciliation of this type, makes offers on elimination of unclear questions in procedure of carrying out judicial reconciliation.

Keywords: Conciliation, alternative dispute resolution, mediation, judicial conciliation, civil proceedings, commercial judicial proceedings, administrative judicial proceedings.

 

2. Features of disciplinary proceedings in cases of corruption offenses committed by military personnel.

Azovtsev A.A., Lieutenant Colonel, associate Professor of the Department (military administration, administrative and financial law) of the Military University, pvsvpo@mail.ru

Koryakin V. M., doctor of law, Professor, Professor of the 25 Department (military administration, administrative and financial law) of the Military University, pvsvpo@mail.ru

Annotation. The article is devoted to the consideration of organizational and legal aspects of the procedural activity of commanders (chiefs), carried out in order to attract military personnel to disciplinary responsibility for corruption offenses. A critical analysis of the current legal regulation of these issues is carried out, the conclusion is substantiated that it is necessary to include all norms on disciplinary responsibility for corruption offenses in the Federal law "on the status of servicemen", excluding them from the Federal law "on military duty and military service»

Keywords: corruption; corruption offense; internal audit; proceedings; disciplinary responsibility.

 

3. Code of Ethics and Official Conduct of Federal State Civil Servants of the Ministry of Defense of the Russian Federation: Content and Problems of Application.

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., pvsvpo@mail.ru

Annotation: In the article, the author analyzes The code of ethics and official conduct of Federal civil servants of the Ministry of defense of the Russian Federation and the subject of its legal regulation, as well as considers the emerging problems of law enforcement.

Keywords: Ministry of defence of the Russian Federation, code of ethics and official conduct, Federal civil servants, anti-corruption, moral condemnation.

 

4. Concept, essence and signs of material responsibility of the military personnel.

Kirichenko N.S., adjunct of the Department of military administration, administrative and financial law of the Military University of the Ministry of defense  Russian Federation, pvsvpo@mail.ru

Abstract. The article deals with the concept, essence and features of the concept of "financial responsibility of military personnel", which determine the General content of this legal mechanism.

Keywords: soldier, military service, financial responsibility of soldiers.

 

5. Official websites of the FSB and the Federal drug control service as a tool of public anti-corruption control (comparative legal analysis).

Harutyunyan T.I., Executive officer (for accounting information about the income of military personnel) of the personnel department of the St. Petersburg Military Order of Zhukov Institute of the National Guard Troops of the Russian Federation, pvsvpo@mail.ru

Nazarova I.S., Head of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation, Candidate of Law, 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 Order of Zhukov Institute of National Guard Troops of the Russian Federation, Candidate of Law, pvsvpo@mail.ru

Abstract: the article describes the basic requirements for information posted on the official Internet sites of public authorities and other bodies and organizations endowed with public authority. The authors draw attention to the imperfection of legal regulation in the organization of public anti-corruption control. The analysis of information on anti-corruption measures implemented in the FSB of Russia and the Federal drug control service of Russia is carried out.

Keywords: public control; anti-corruption; ROS guard, FSB of Russia; corruption prevention.

 

6. Features of law enforcement practice in the sphere of realization of the right of the citizens dismissed from military service under the contract, and members of their families to monetary compensation for hiring (sublease) of 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, pvsvpo@mail.ru

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, pvsvpo@mail.ru

Abstract. The article is devoted to the problems of implementation of the legal norms that enshrine the right of military pensioners of the national guard troops, consisting on housing registration and unsecured premises, to receive monetary compensation for the hiring (sublease) of residential premises. The authors present their views on the solution of problematic issues in this area in modern Russia.

Keywords: right to housing, hiring (sublease) of residential premises, special subject of law, military service, legal status of military personnel, national guard troops, military pensioner.

 

7. About some changes in the Federal law "about the status of the military personnel" regarding the order of providing the military personnel and members of their families with premises.

Alexandrova N.G., candidate of legal Sciences, associate Professor of the Department of military law of the Military University of the Ministry of defense of the Russian Federation, pvsvpo@mail.ru

Ivanov V.Yu., candidate of law, senior lecturer at the Department of military administration, administrative and financial law of the Military University of the Ministry of defence of the Russian Federation, pvsvpo@mail.ru

Kirichenko N.S., Adjunct of the Department of Military Administration, Administrative and Financial Law of the Military University of the Ministry of Defense of the Russian Federation, pvsvpo@mail.ru

Abstract. The article is devoted to the issue of amendments to the Federal law "on the status of military personnel" in terms of providing military personnel and their families with residential premises for permanent residence, as well as providing housing for military personnel who are members of the accumulative mortgage system.

Key words: soldier, military service, housing provision of servicemen.

 

8. Legal instruments of an import substitution in the defense procurement and acquisition.

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

Abstract. The subject of this study are legal instruments of an import substitution used by the legislator for the regulation of defense procurement and acquisition. The author characterizes these instruments and critically analyzes the practice of their application. The paper describes the lawmaking initiatives of the Ministry of industry and trade of the Russian Federation to amend the existing system of legal instruments of import substitution. In conclusion the considered legal instruments are classified depending on the direction of the established prohibitions and restrictions. The author suggests measures to improve these instruments.

Keywords: defense procurement and acquisition; government procurement; needs of the country's defense and state security; import substitution

 

9. Features of the procedure and conditions for the provision of targeted housing loans to participants in the accumulative-mortgage system of housing for military personnel.

Smirnov I.O., candidate of legal sciences, pvsvpo@mail.ru

Resume: this article discusses the issues of legal regulation of the procedure and conditions for providing targeted housing loans to participants in the funded mortgage housing system for military personnel, provides several legal situations when exercising the right to housing and ways to solve them in modern judicial practice.

Key words: housing for military personnel, funded mortgage system, conditions for a targeted housing loan, funded contributions.

 

10. Actual issues of qualification of violation of the rules of driving or operating cars (Article 350 of the Criminal Code of the Russian Federation).

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», pvsvpo@mail.ru

Abstract. The article discusses the problematic issues of qualification of violation of the rules of driving combat, special and transport vehicles, suggests ways to solve the revealed contradictions of the current legislation and practice of its application.

Keywords: criminal liability, military-criminal law, crimes against military service, military personnel, criminal law, military law, violation of driving rules, violation of operating rules, military vehicles, special vehicles, transport vehicles.

 

11. The right of the conscript to familiarization with the personal file in the military department.

Sokolov Y.O., lawer, Rostov-on-Don, pvsvpo@mail.ru

The article deals with cases of refusals to conscripts in the study and copying of the contents of their personal files stored in military enlistment offices. The author gives a legal assessment of such actions and analyzes judicial practice on this issue.

Keywords: military department, military registration, conscript, personal file, access to information, familiarization, copying, photo fixation.

 

12. Anti-Corruption in the US Army: Theory and Real State in the Light of Some American Sociological Studies

Kharitonov V.S., law student at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia), pvsvpo@mail.ru

Annotation: This article analyzes the anti-corruption legal mechanisms that have developed in the US Army. The data of sociological studies of American scientists are presented, allowing to establish the prevalence of corruption crimes in the American army. It substantiates the conclusion about the possible use of experience in a methodology of sociological research on the state of corruption in the US Army as applied to the Russian armed forces.

Keywords: corruption, fraud, the US Army, case studies, media, anti-corruption.

 

13. Special knowledge in the military sphere as a binding component of private criminalistics methods for investigating military crimes problem of investigation of military crimes.

Verenchikov I.R., PhD in Law, Associate Professor, Professor of the Department of Criminalistics at the Law Faculty of Belarusian State University, pvsvpo@mail.ru

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, pvsvpo@mail.ru

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, pvsvpo@mail.ru

The investigation of war crimes often raises questions related to the use of specialized knowledge. These issues relate not only to traditional forensic examinations, but also to legal knowledge in the military sphere. This article analyzes the most effective forms of using special knowledge related to military relations. As a result, the authors conclude that it is necessary to appoint a military legal examination in some cases.

Key words: military crimes; military relations; investigation methodology; special knowledge; military legal expertise.

 

14. The established areas of activity of the Federal Service of the National Guard of the Russian Federation: an integrated approach to legislative gaps in regulatory legal regulation.

Aseev A.G., Associate Professor, Professor, Department of Constitutional and Administrative Law, Federal State Budgetary Educational Institution of Higher Education “Novosibirsk Military Institute named after Army General I.K. Yakovleva troops of the national guard of the Russian Federation ", pvsvpo@mail.ru

Bolshakova V.M., Candidate of Law, Associate Professor, Associate Professor, Chair of Constitutional and Administrative Law, Nizhny Novgorod Institute of Management, Russian Presidential Academy of National Economy and Public Administration, pvsvpo@mail.ru

Naumova L.Yu., head of the legal department of LLC TD Mirograd, pvsvpo@mail.ru

Naumov  P.Yu., candidate of pedagogical sciences, assistant to the head of the legal support department of the Federal State Budgetary Health Institution “Main Military Clinical Hospital of the National Guard of the Russian Federation, pvsvpo@mail.ru

Yengibaryan G.V., officer of the department of regulation of managerial activity and passage of service of the legal service of the Legal Department of the Russian Guard, pvsvpo@mail.ru

Based on the integrated method of scientific research, the article considers the established areas of activity of the Federal Service of the National Guard Troops of the Russian Federation. It has been established that in regulatory legal acts of various levels the question remains unresolved whether private detective activity belongs to the spheres of activity of the Russian Guard. The article provides the regulatory legal justification of the issue under consideration and analyzes the federal laws and decrees of the President of the Russian Federation. The main scientific result is the author’s understanding of the regulatory legal regulation of this issue in the legislation of the Russian Federation.

Key words: Rosguard; established areas of activity; private security activities; private detective work.

 

15. Features of the implementation of state control and supervision in the administrative and jurisdictional activities of the Russian Guard.

Shenshin V.M., Deputy Head of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov Institute of National Guard Troops of the Russian Federation, Candidate of Law, pvsvpo@mail.ru

Abstract: The article examines the dichotomy of control and supervision in the administrative and jurisdictional activities of Rosgvardiya; analyzes scientific approaches to the differentiation of control and supervision; focuses on the characteristics of regulatory legal acts of Rosgvardiya regulating state control (supervision); indicates the need for separation of ways to ensure the rule of law.

Keywords: administrative and jurisdictional activities; control; supervision; ROS guard, coercive measures.