THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 11

 ISSUE CONTENTS: 

 

1. Study and generalization of judicial practice by district (naval) military courts (on the example of providing servicemen with living quarters).

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 in the field of housing for military personnel shows the importance of ensuring the completeness and quality of generalizations of judicial practice carried out by military courts, increasing the level of analytical work in military courts.

Keywords: military courts, judicial practice, housing for military personnel.

 

2. Property sanctions for corruption offenses may be tightened.

Koryakin V.M., doctor of law, Professor, Deputy Director of The law Institute of the Russian University of transport, Professor of the 25 Department of the Military University, opklex@mail.ru

Trubitsyna W.A., PhD student at the Russian University of transport, opklex@mail.ru

Annotation. The article presents a scientific and practical commentary to the prepared by the Ministry of justice draft laws "On amending the Federal law "On combating corruption"" and "On amendments to article 235 of the Civil code of the Russian Federation". Draft Federal laws were developed in compliance with the sub-item. "a" item 17 of the national anti – corruption plan for 2018-2020, approved by the decree of the President of the Russian Federation dated June 29, 2018. No. 378, and are aimed at improving the legislation of the Russian Federation in the field of anti-corruption. In particular, it provides for granting the Prosecutor's office the right to bring claims to the courts for the withdrawal of funds from certain categories of state employees to the state's income, in respect of which no evidence of the legality of their origin has been provided. Currently, the courts have the right to withdraw only movable and immovable property for which information on the legality of their acquisition is not provided.

Keywords: corruption; civil servants; seizure of property and funds; verification of the reliability of information about income and expenses.

 

3. Problems of the implementation of constitutional guarantees of the right to housing by a serviceman - a participant in the accumulation and mortgage system, when recognized by an arbitration court as insolvent (bankrupt).

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).

 

4. Defense industrial complex: concept, structure, legal basis of activity.

Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru

Svininykh E.A., Doctor of Law, Associate Professor, opklex@mail.ru

Annotation. The article is devoted to the study of the legal concept of "defense-industrial complex", disclosed its structure and legal basis for the activities of organizations included in the defense industry.

Key words: military-industrial complex, legal framework, legal status, structure.

 

5. Criminal procedure activities of investigative bodies in the armed Forces of the Russian Federation.

Kachalov V.I., head of the military training center at the Russian state University of justice, doctor of law, Professor, opklex@mail.ru

Annotation: the article deals with the types of bodies of inquiry in The Armed Forces of the Russian Federation, their criminal procedure activities in the armed Forces of the Russian Federation. The procedural status of heads of military police bodies of The Armed Forces of the Russian Federation, commanders of military units, formations, heads of military institutions, garrisons in cases of "delegation" of procedural powers to conduct investigative and other procedural actions to subordinate military personnel is determined. The article highlights the features of criminal procedure activities of officials of the military police of the armed forces of the Russian Federation, which are bodies of inquiry, taking into account their territorial and personal competence.

Keywords: criminal procedure activity, bodies of inquiry, commanders of military units (formations), heads of military institutions, heads of military police bodies of the armed forces of the Russian Federation, investigator, head of the body of inquiry, procedural powers, delegation, military service relations, territorial competence, personal competence.

 

6. The object of a crime against the established order of service for the protection of public order and ensuring public safety (article 343 of the criminal code of the Russian Federation): questions of theory and practice.

Popov A.А., associate Professor of criminal law at The military University of the Ministry of defense of the Russian Federation, opklex@mail.ru

Annotation. The article describes the object of the crime under article 373 of the criminal code of the Russian Federation (violation of the rules of service for the protection of public order and public safety). The General, generic, specific and direct objects of this crime are identified, and the classification of the direct object into the main, additional and optional ones is carried out. It is shown that the General object of this crime is national security, and the generic object is military security. Objective conditions under which national guard soldiers who are part of a military unit can be brought to criminal responsibility under article 373 of the criminal code of the Russian Federation are analyzed

Keywords: General, specific, generic and direct objects of crime; crimes against special types of military service; national security; military security; protection of public order; ensuring public security; national guard troops.

 

7. «Universal crimes»: Russian and international approaches.

Rumyantseva Yu.N., candidate of economic sciences, candidate of juridical sciences associate Professor of the all-Russian state University of justice (RPA of the Ministry of justice of Russia), Irkutsk Institute (branch) , opklex@mail.ru

The article is devoted to the analysis of the composition of "universal" crimes under international criminal and Russian legislation. In particular, the concepts of crimes falling under the jurisdiction of the International criminal court such as aggression, genocide, crimes against humanity, war crimes are analyzed.

The author concludes that despite the lack of ratification of the provisions of the Rome Statute, Russia does not stand aside and raises a number of questions about the understanding of "universal" crimes in international criminal law and the degree of influence of international criminal law in General on national criminal law systems.

Special attention is paid to the interpretation of war crimes and crimes of aggression as a key obstacle to the integration of the Russian legal system into the system of international criminal justice.

The author rightly concludes that the term «aggression» has become an instrument of inter-state political struggle and the implementation of effective international prosecution for this crime is currently not possible.

The author investigates «conventional crimes» as a possible single «legal denominator» for all socially dangerous encroachments stipulated by international treaties.

In addition, the improvement of the fight against «universal» crimes should be «systematic» and include the participation of the Russian legal system, taking into account and on the basis of international criminal law.

Keywords: crime, criminal law, criminal justice system, international criminal court, implementation, national criminal law system, conventional crimes.

 

8. Implementation of the principle of unity of command in the practice of military administration: the defects and contradictions.

Glukhov E.А., PhD in law, Colonel of justice, military University of the Russian defense Ministry, opklex@mail.ru

Abstract: the article analyzes the principle of unity of command in the military organization of the state and its compliance with the norms of the General Military regulations of the armed forces of the Russian Federation on the power of commanders in relation to various categories of personnel. Considering the powers of Deputy commanders of all degrees, the author comes to the conclusion that there are several superiors over one military officer at the same level of the power hierarchy, which does not correspond to the declared principle. In addition, the article deals with the issues of the effectiveness of military management as a result of the presence of multiple leaders in one soldier.

Keywords: soldier, unity of command, management efficiency, Deputy head, mandatory order, power by position and military rank.

 

9. On certain decisions of the constitutional Court of the Russian Federation that affect the administrative and jurisdictional activities of Regardie while ensuring state and public security.

Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia; Associate Professor of the Department of State and Legal Disciplines of the North-West Branch of the Federal State Budgetary Educational Institution of Higher Education "Russian State University of Justice ", PhD in Law , opklex@mail.ru

Abstract: the article analyzes individual decisions of the constitutional Court of the Russian Federation that have an impact on the formation of administrative and jurisdictional activities of Regardie while ensuring state and public security. The author summarizes the decisions of the constitutional Court of the Russian Federation that allow decision-making officials of the Russian Guard to implement uniform law enforcement practice.

Key words: administrative-jurisdictional activity; the constitutional Court of the Russian Federation; Regardie.

 

10. Some issues of involving officials as witnesses in the case of an administrative offense.

Granatovich A.V., PhD in Law, Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Oleinik (Ulybina) T.S., Candidate of Legal Sciences, Associate Professor, Military University of the Ministry of Defense of the Russian Federation , opklex@mail.ru

The authors consider the proposed draft Procedural code of the Russian Federation on administrative offences and criticize the restrictive approach to determining the number of persons who can give evidence. The analysis of the current normative legal regulation, as well as the practice of courts and officials authorized to consider cases of administrative offenses and impose administrative penalties. The introduction of a ban on attracting as witnesses employees of state bodies that monitor and control compliance with the rules, violation of which was the basis for initiating this case will lead to significant problems in proving the fact and circumstances of an administrative offense committed by a person and will violate the principle of "inevitability of punishment".

Keyword: participants in proceedings on administrative offences, witness statements, personal interests, the Code of administrative offences of the Russian Federation, the Procedural code of the Russian Federation on administrative offences.

 

11. Compensation for damages caused by violations within the scope of the law about administrative responsibility.

Mamatov M.V., candidate of law, head of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offences research Institute of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru

Maslov I.A., senior researcher of the Department of scientific support of the Prosecutor's participation in civil, arbitration and administrative proceedings, proceedings on administrative offenses of the research Institute Of the University of the Prosecutor's office of the Russian Federation, opklex@mail.ru

The article analyzes the issues of legal regulation and application of the Institute of compensation for damage caused by an administrative offense when bringing to administrative responsibility. The legislation of the Russian Federation and its subjects, as well as neighboring countries, is studied.

Keywords: damage, administrative offense, non-judicial administrative-jurisdictional bodies, court.