THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5


 ISSUE CONTENTS:

 

1. Professional legal representation: application practice problems.

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

Annotation: The article deals with problematic issues of law enforcement practice of professional judicial representation since October 1, 2019.

Keywords: representative, higher legal education, court, leaving without movement, diploma.

 

2. Legal issues of military duty by citizens of the Russian Federation, including those who have dual citizenship and have served in a foreign country.

Kholikov I.V., Doctor of Legal Sciences, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, e-mail: opklex@mail.ru

Lapina O.A., Colonel, The Military University of the Ministry of Defence of the Russian Federation, opklex@mail.ru

Annotation:  The article deals with the provisions of international acts and Russian legislation related to the performance of military duties by citizens of the Russian Federation who have dual citizenship and have served in a foreign country.

The existing procedure for exemption from conscription for citizens with dual citizenship who have served in a foreign country is considered in detail. The author substantiates the need to change the provisions of the Russian legislation regulating the issues of exemption from conscription of citizens who have served in a foreign country.

Keywords: legality, military duty, protection of the Motherland, conscripts, persons with dual citizenship, international treaty, decision of the draft board, exemption from conscription.

 

3. About some issues of financial responsibility of 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, opklex@mail.ru

Annotation:  The article is devoted to some questions and contradictions that arise in the process of bringing military personnel to financial responsibility.

Keywords: military service, financial responsibility of military personnel.

 

4. Indexation of military pensions: legal support and implementation problems.

Manannikov D.Yu., Candidate of Law, Military Lawyer, opklex@mail.ru

Annotation:  the article analyzes legal norms and problematic issues of indexing military pensions. It is noted that in recent years in the Russian Federation, the social status of civilian and military pensioners has been unfairly equalized by the “under-indexing” of pensions by the latter, which leads to an increase in social tension in society and negatively affects the military organization of the state.

Key words: indexation, military pension, dismissal from military service, welfare state. 

 

5. The amount of housing subsidies for military personnel requires an increase !?

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

Annotation: The article discusses the problematic issues of the implementation by soldiers of their housing rights in connection with the use of housing subsidies.

Keywords: subsidy, serviceman, housing rights

 

6. Identification of damage caused to the property of a military unit when a participant in the accumulative mortgage system exercises his right to use a targeted housing loan (using a practical example).

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 the national guard of the Russian Federation, opklex@mail.ru

 

7. Legal regulation of ownership and inheritance in the period of the great patriotic war.

Aliev M.A., 3 year cadet (prosecutor-investigative faculty) Military University of the Ministry of Defense, opklex@mail.ru; Vedeshkin I.A.,3 year cadet (prosecutor-investigative faculty) Military University of the Ministry of Defense, opklex@mail.ru

Annotation:  The article is devoted to the issues of inheritance and protection of property rights during the Great Patriotic War. The authors give examples from law enforcement, including judicial practice, and conclude that it is necessary to take into account the experience of legislative regulation of these legal relations during the period of martial law when developing modern legislation.

Keywords: World War II, legal regulation, property right, property, inheritance

 

8. Scientific and practical commentary on the Federal Law “On Amendments to Articles 340 and 341 of the Criminal Code of the Russian Federation” dated February 18, 2020 No. 22-ФЗ.

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», opklex@mail.ru

Annotation:  The article comments on the amendments made to the articles of the Criminal Code of the Russian Federation, which stipulate criminal liability for violation of the rules of military alert and violation of the rules of the border service.

Keywords: criminal liability, military-criminal law, crimes against military service, military personnel, criminal law, military law, violation of the rules of military duty, violation of the rules of border service.

 

9. The concept and types of investigative inspection conducted by an interrogator of a military unit in the course of implementing the powers granted (theoretical aspects).

Kichigin N. V., senior researcher At the center for legal research, opklex@mail.ru; Shvedova L. R., research fellow at the center for legal research, opklex@mail.ru

Annotation:  the article considers the concept and presents a classification of types of investigative inspection carried out by an inquirer of a military unit in the course of implementing the powers granted. The algorithm of the investigator's actions when examining the scene of an accident during the verification of a crime report is revealed. Based on the analysis of theoretical sources, the author's definition of an investigative examination is presented.

Keywords: inquiry, verification of a crime report, investigative examination.

 

10. Some aspects of decriminalization of certain provisions of article 341 of the criminal code of the Russian Federation.

Chukin D.S., senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order of Zhukov of the Red Banner Institute of the national guard of the Russian Federation, Lieutenant Colonel of justice, opklex@mail.ru

Annotation:  the article analyzes the changes made to article 341 of the criminal code of the Russian Federation in the part concerning the decriminalization of its separate legal provisions. It is concluded that the thesis underlying the initiation of these changes, which defines the absence of conscription to the border authorities as a basis for excluding punishment in the form of detention in a disciplinary military unit, does not take into account a separate category of persons for whom this type of punishment may be imposed.

Key words: decriminalization, criminal punishment, detention in a disciplinary military unit, military service by conscription, military service by contract.

 

11. The grounds of the American-led intervention in Syria and its military operations under the U.S. Law and Conventional International Law.

Bogdanov S. L., Adjunct of International Law dept., Military University of the Defense Ministry of the RF (Moscow), opklex@mail.ru

Melnick N. N., Hon. Lawyer of Russia, Alumnus of the global law firm The Paul, Hastings, LLP, Los Angeles, CA, opklex@mail.ru

Annotation:  The article deals with the grounds for the U. S. intervention in Syria, structure of the US armed forces combating there, types of military operations and analysis given by authors in accordance with U.S. Law and Military Doctrine, as well as the Law of War.

Keywords: U.S. led intervention in Syria, type of military operations, U.S. Law, Law of War

 

12. Ensuring National Security from New Challenges and Threats: Countermeasures and Prevention.

Merkuryev V.V., Doctor of Law, Professor, Head of Department, Research Institute, University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru; Borisov S.V., PhD in Law, Associate Professor, Research Fellow, Research Institute of the University of the Prosecutor's Office of the Russian Federation, opklex@mail.ru

Annotation:  The article considers the issues of ensuring national security against new challenges and threats at the present stage. Along with a theoretical approach to a common understanding of the tasks of countering terrorism and violent extremism, the authors determined, based on the provisions of legislation and organizational and administrative acts, the specific goals and objectives of the studied sphere of national security of the Russian Federation.

Keywords: national security

 

13. Insignificance, as a basis for exemption from administrative responsibility, applied by officials of Rosgvardiya in the implementation of their administrative and jurisdictional activities.

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 the national guard of the Russian Federation, opklex@mail.ru

Annotation:  Administrative and jurisdictional activities of the ROS guard involve the implementation of proceedings in cases of administrative violations. The powers of the law enforcement officer include, among other things, the decision on the release of the guilty person from administrative responsibility in connection with the insignificance of the administrative offense. The author reveals some features of the use of insignificance by officials of the ROS guard in their administrative and jurisdictional activities.

Keywords: administrative and jurisdictional activity, insignificance, ROS guard

 

14. To the issue of periodization of the formation of legal foundations activities of the military clergy.

Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru

Annotation: The article briefly reviews and analyzes the main periods of the formation of the legal institution of the military clergy on a global historical scale since ancient times, reviews and analyzes the main ancient and modern religious and regulatory legal documents on these specific issues in the field of state-church relations in the field of defense and military security, the periodization of the formation of the legal foundations of the activities of the military clergy in the troops is given.

Keywords: the right of military personnel to freedom of religion, military service, clergy, military clergy, legal foundations.