THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10

 ISSUE CONTENTS: 

 

1. On some approaches to liability military personnel (based on court decisions).

Kharitonov S.S., Colonel of Justice of the Reserve, candidate of legal sciences, professor, opklex@mail.ru

Resume: The article, with reference to court decisions, reveals some problematic issues of law enforcement practice when bringing servicemen and persons dismissed from military service to financial responsibility. The necessity of careful reading by military officials of the legislation on the material responsibility of servicemen is demonstrated. The specificity of legal regulations on the issues of material responsibility of servicemen is shown.

Key words: military service, serviceman, material responsibility of servicemen

 

2. Professional secrecy of the Federal security service and certain issues of responsibility for disclosure of information related to it.

Koryakin V.M., doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport (MIIT), Professor of the Military University of the Russian Ministry of defense, opklex@mail.ru

Ganzelevich I.V., postgraduate student, researcher, Center for the study of legal problems «Ekvitas», opklex@mail.ru

 Annotation. The article is a scientific and practical commentary on Federal law No. 279-FZ of July 31, 2020 "On amendments to article 7 of the Federal law "On the Federal security service"", according to which the concept of "professional secret" was introduced into the legislation on the Federal security service and established the duty of military and security personnel to respect the confidentiality of information related to this type of secret. The article shows the content of the concept of "professional secret", its relationship with other types of secrets, and some suggestions on the legal responsibility of military and security personnel for the disclosure of information classified as a professional secret.

Keywords: professional secrecy; official secrecy; confidentiality of information; responsibility for disclosure of information about the activities of security agencies.

 

3. A post in social networks as a basis for bringing a serviceman to criminal and disciplinary responsibility.

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

Annotation. The article draws a conclusion on the prevalence of social network use among military personnel based on statistical data. As a result of the analysis of the State Automated System «Justice» in the cases of 2019-2020, the most frequent cases of evaluating a post in a social network as a basis for bringing a serviceman to justice were identified: 1) messages and / or photos related to the disclosure of official information; 2) messages, photos and videos that allow to state the presence of non-legal relationships; 3) intimate photos of women friends; 4) posts that can be assessed as propaganda or justification of terrorism or as extremist materials. For each type of violation the most characteristic features are considered, data on the circumstances that increase the degree of public danger of the perpetrator's act, and the types and amounts of punishment (disciplinary punishment) are provided.

Keywords: responsibility of military personnel, social networks, disclosure of official information, violation of privacy, extremist materials on the Internet.

 

4. On the consequences of termination of military access state secrets.

Kharitonov S.S., Colonel of justice of the reserve, candidate of law, Professor, opklex@mail.ru

Annotation. The article analyzes the grounds and consequences of termination of access to state secrets by military personnel. It is noted that when deciding on the termination of access to state secrets of military personnel, commanders should be guided not only by the criteria established by the legislation on state secrets on the appropriate basis, but also take into account all the circumstances that allow us to conclude that there is a threat to the security of the state and the need to protect information constituting a state secret.

Keywords: state secret, protection of state secrets, termination of access to state secrets for military personnel.

 

5. Retirement insurance of the military servants due to the last decisions of the Constitutional Court of the Russian Federation.

Kudashkin A.V., Deputy General Director of the UEC JSC on legal affairs and corporate governance, editor-in-chief of the magazine “Law in the Armed Forces – Military law review”, Doctor of law, Professor, opklex@mail.ru

Potapova N.D., head of the Department of business and labor law North-Western Institute (branch) of the Kutafin Moscow State Law University (MSAL), Ph. D. in law, associate Professor, opklex@mail.ru

Potapov A.V., chief specialist of the regulatory work department of the UEC JSC, postgraduate student of the Department of Labor Law of the Faculty of Law of the Lomonosov MSU, opklex@mail.ru

Annotation. Authors in this article discuss the legal issues of Retirement insurance of the military servants due to the last decisions of the Constitutional Court of the Russian Federation. Authors research legislative collision of the simultaneous providing the military and insurance old-age pensions, and offer ideas related to future development of legislation.

Key words: military servants, military pension, insurance old-age pension, insurance payments, retirement insurance.

 

6. Improving legislation on the service support of weapons, military and special equipment.

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

Abstract. The author considers the impact of functional privatization in the field of material and technical support of the Russian Armed Forces on the rules of service support of weapons, military and special equipment. A contracting out of the material and technical support requires rules of relationship between military management bodies, military units and contractors (service providers). Proposals to amend the licensing legislation by licensing of service support of weapons, military and special equipment are evaluated.

Keywords: defense procurement and acquisition; government procurement; needs of the country's defense and state security; life cycle contract; after-sales service; weapons; military equipment; special equipment; functional privatization; outsourcing

 

7. Housing Fund for commercial use of the Ministry defense of the Russian Federation: the need to create and prospects for use.

Zaikov D.E., Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Ph.D. , opklex@mail.ru

Annotation. The article discusses the initiative of the Ministry of defense of the Russian Federation to create a housing Fund for commercial use and its proposed legal regulation.

Key words: Ministry of defense of the Russian Federation, residential premises, commercial housing stock, employment contract, military personnel, civilian personnel.

 

8. South African National Defence Forces correctional facilities.

Vorobyev A.G., head of the department of criminal law, Military University of Defense Ministry, the PhD in Law, opklex@mail.ru

Annotation. The article examines the specifics of the execution of criminal penalties related to imprisonment in the military correctional facility of the South African National Defence Force.

Keywords: military prison, military correctional facility, imprisonment, military correctional confinement, Military discipline bill.

 

9. The problem of the implementation of constitutional guarantees of the right to housing by citizens dismissed from military service before the entry into force of the Federal Law of December 2, 2019 No. 416-FZ

Nieder S.A., Teacher in the cathedra of Criminal Procedure and Criminalistics of the Novosibirsk Military Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru

Annotation. In the article, the author examines the negative law enforcement practice, which allows for the possibility of foreclosure (alienation) on the only living quarters suitable for permanent residence of a serviceman and his family members, which is the subject of a "military" mortgage and is owned by the participant in the case of recognition insolvent (bankrupt) court.

Keywords. Serviceman, accumulative mortgage system, dwelling, insolvent (bankrupt).

 

10. Legal regulation of the provision of the EMERCOM of Russia and the Russian Guard of national security in a state of emergency.

Shenshin V.M., Associate Professor of the Department of Theory and History state and law of St. Petersburg State Fire Service University of the Russian Emergencies Ministry; Associate Professor of the Department of Criminal and administrative law of St. Petersburg State Marine Technical University, PhD in Law, opklex@mail.ru

Abstract. The article examines the features of providing the Russian Ministry of emergency situations and ROS with the national security guard in a state of emergency. The analysis of some normative legal acts providing for the powers of these bodies in the field of national security is carried out.

Keywords: EMERCOM of Russia; national security; ROS guard; state of emergency; emergencies.

 

11. Some problems of implementation of measures of administrative coercion by licensing and permitting divisions of the Russian Guard in the field of arms trafficking.

Faiskhanov R.R., postgraduate student of the Department of administrative and municipal law (Saratov state law Academy) , opklex@mail.ru

Resume. The work is devoted to the actual problem of crime with the use of weapons and in the field of arms trafficking. The article traces the dependence of the number of violations of the rules for the circulation of weapons, qualified as administrative offenses and leading to their loss, theft and subsequent infusion into illegal circulation, using weapons in the commission of crimes. The article reveals the problem of exercising the powers of licensing and permitting divisions of the Russian Guard in the field of control over the circulation of weapons, associated with the absence of the obligation of owners of weapons to report the facts of loss or theft of weapons belonging to them. The article analyzes the judicial practice in criminal cases, which confirms the facts of citizens filing deliberately false statements about the loss or theft of their weapons. In conclusion, the author comes to the conclusion that it is necessary to provide a legal basis for the implementation of administrative coercion measures by licensing and permitting divisions of the Russian Guard to prevent the infusion of weapons into illegal circulation and their subsequent use in the commission of crimes, by securing the obligation of the owners of weapons to report within the established time frame to the divisions of licensing and permitting work Rosgvardia on the facts of loss or theft of weapons belonging to them.

Key words: arms turnover, loss and theft of weapons, administrative responsibility, administrative coercion, Rosgvardia.