THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3


  ISSUE CONTENTS:  

 

1. Measures to prevent corruption in organizations: problems of interpretation and judicial practice.

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 analyzes the features of legal regulation and practice of applying the requirements of anti-corruption legislation in the development and application of anti-corruption measures by organizations.

Keywords: anti-corruption, organizations, responsibilities, Prosecutor, court.

 

2. Organizational and legal issues of providing railway rolling stock for military transport.

Vasiliev A.V., Deputy head of the Legal Department of Russian Railways, post-graduate student Of the Russian University of transport, opklex@mail.ru

Koryakin V. M., doctor of law, Professor, head of the Department "Civil law, private international law and civil procedure" of the Law Institute of the Federal state educational institution " Russian University of transport», opklex@mail.ru

Annotation. The article deals with the issues of providing and preparing railway rolling stock for military railway transport. The order of rendering services to military organizations on provision of cars and containers, features of charging and production of calculations for use of rolling stock is analyzed. The role of military transport in ensuring the country's defense and military security of the state is shown.

Keywords: military and special transportations; railway rolling stock; military cargo; ratifications of military and special transportations.

 

3. The right of the military to basic leave: problematic aspects of legislative  Regulation.

Fartukov D.N., Candidate of Sociology, Senior Lecturer, Department of Criminal Procedure and Criminology, Saratov Military Order, Zhukov, Red Banner Institute of the National Guard of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru

Poplavskaya N.N.,  Ph.D. in Law, lecturer in the Department of Criminal Procedure and Criminology of the Saratov Military Order of the Zhukov Red Banner Institute of the National Guard of the Russian Federation, Lieutenant Colonel of Justice, opklex@mail.ru

Dorogin R.V., Ph.D. (Law), associate professor, lecturer of the Department of Constitutional and Administrative Law of the Saratov Military Order of the Zhukov Red Banner Institute of the National Guard Troops of the Russian Federation, lieutenant colonel of justice, opklex@mail.ru

Annotation. The article discusses the problematic issues of legislative consolidation of the right of military personnel to basic leave and mechanisms for its implementation. Practical recommendations are given in the areas of elimination of certain defects and gaps in the legislation regulating the procedure for granting military personnel basic leave, but also other social rights and guarantees.

Keywords: basic leave, total duration of military service, total duration of military service in preferential terms.

 

4. On the judicial settlement of contentious issues of housing for military personnel.

Kharitonov S.S., Colonel of the Justice of the Reserve, Candidate of Law, Professor, opklex@mail.ru

Annotation. The article, using examples from the practice of military courts, sets out the legal positions on issues related to housing for military personnel. Attention is drawn to the need for a comprehensive assessment of the norms of military-administrative and housing legislation. The necessity of a common understanding by law enforcement authorities of the content of legal norms in the field of housing for military personnel is substantiated.

Key words: military status, housing for military personnel, judicial practice, military courts.

 

5. About changes in the Federal law "On the status of military personnel" regarding the order of providing housing for military personnel who were previously provided as a family member.

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, opklex@mail.ru

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, opklex@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, opklex@mail.ru

Annotation. The article is devoted to the issue of the amendments to the Federal law "On status of servicemen" in the part relating to military personnel who were previously provided with accommodation as family members of other soldiers (for example, their parents).

Key words: military personnel, military service, housing for military personnel, family member.

 

6. Life cycle contract as a form of procurement for state defense needs.

Koprov V.M. Senior lecturer Department of automation and computer tools of the Yaroslavl higher military school of air defense, lieutenant-colonel, Ph.D. in Economics, opklex@mail.ru

Annotation. The article considers the life cycle contract as a form of procurement for state defense needs, analyzes the process of determining the initial (maximum) price of the life cycle contract, and touches on problematic aspects of the implementation of life cycle contracts within the contract system.

Keywords: contract purchasing system, life cycle contract, life cycle cost, initial (maximum) contract price.

 

7. Abuse of power vs excess of power: law enforcement issues.

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

  1. Annotation.  The article analyzes the norms of the Criminal code of the Russian Federation regulating responsibility for abuse of office and abuse of office, as well as the interpretation of these norms by the Plenum of the Supreme Court, and the current law enforcement practice. The author comes to the conclusion that the dispositions of articles of the Criminal code and separate formulations of interpretative acts allow, in some cases, to identify the above-mentioned elements of crimes. These circumstances make it necessary to establish more precise criteria that make it possible to distinguish these crimes from each other, in particular, by reviewing the recommendations of the Plenum of the Supreme Court of the Russian Federation.

Key words: official crimes, abuse of official powers, excess of official powers, Plenum of the Supreme Court, interpretation of legal norms, ambiguity of interpretation.

 

8. A lawsuit against a conscript demanding to appear at the military department: prospects in court.

Sokolov  Y.O., lawyer, Rostov-on-Don, opklex@mail.ru

  1. Annotation.  The article deals with cases when military commissariats appeal to the courts with claims to compel conscripts to arrive on summonses or undergo med-ical examination. The author provides various positions held by the courts and the rules of law that guide them.

Keywords: military department, conscript, category of fitness for military service, examination, examination, summons, statement of claim.

 

9. Depotation as an institution of Swiss military criminal law.

L.F. Shulepova, Associate Professor of the Department of International Law, Moscow State Linguistic University, Ph.D. in Law, opklex@mail.ru

  1. Annotation.  The article is devoted the last changes in the military criminal law of Switzerland.

 Keywords: military criminal legislation, military crime, liability of members of the Armed Forces, deportation.

 

10. Features of the legal status of military personnel of the Armed Forces of the United States of America in military operations other than war outside the national territory: issues of organizational and legal activity.

Bogdanov  S. L., adjunct of the Department of constitutional (state) and international law of the UNIVERSITY of the Ministry of defense of the Russian Federation, opklex@mail.ru

Annotation. The article deals with some organizational and legal problems of the legal status of military personnel of the Armed Forces of the United States of America in the implementation of military operations of peacetime outside the state, on the example of the activities of the special operations Forces of the United States of America.

Keywords: United States, special operations Forces, international law, organizational problems, military operations other than war.

 

11. Protecting national security as a legitimate aim of the limitation of human rights.

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

Yakovlev M.A., opklex@mail.ru

Annotation. This article is the result of research on the issues of the human rights limitation in order to protect national security. The content of the concept of "national security" is studied in the paper. The authors propose criteria for assessing the admissibility of the human rights limitation in order to protect national security. Special attention is paid to balancing of national security and human rights. The authors also study the possibility of recognizing human rights as a national security threat in certain cases.

Keywords: state; national security; sovereignty; human rights

 

12. To the history of formation legal Institute of military clergy in Russia. Part 1.

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

Annotation. The article briefly reviews and analyzes the main stages of improving the legal institution of the military clergy in Russia since ancient times, examines and analyzes the main normative legal documents on these specific issues in the field of state-Church relations, provides systematization and periodization of the Genesis and consistent improvement of the legal regulation of the military clergy in the military and features of its relationship with the command and personnel.

Keywords: military personnel's right to freedom of religion, military clergy, military service, military temple, chief field priest.

 

13. Challenges of Russia in context of Formation of International Nuclear Weapons Ban Regime.

Verbitskaya Tatyana Vladimirovna, Lawyer, Master of International Relations Lecturer, Department of Theory and History of International Relations Ural Federal University,

Abstract. The article is devoted to the study of Russia's participation in the process of maintaining nuclear safety. It has been determined that Russia's active role in this area is determined by its status as a nuclear power and actor highly involved in international policy-making process. The challenges of Russian Federation in the framework of the nuclear non-proliferation regime, which contains tools aimed at ensuring nuclear safety, lie in the geopolitical contradictions of the nuclear powers, as well as in the split of nuclear and non-nuclear states. Mentioned contradictions caused the crisis in the nuclear non-proliferation regime, and, as a result, success initiatives by non-nuclear activists to form new tools. According to projects of non-nuclear states, the development of a regime for banning nuclear weapons should replace the non-proliferation regime. This initiative represents a challenge for Russia, as it provides for both the renunciation of nuclear weapons and the status of a nuclear power. Based on the study of these challenges of Russia as a nuclear state, the guarantor of the preservation of the non-proliferation regime, the author formulated propositions on  Russian strategy in the field of nuclear safety and its presentation at the 2020 NPT Review Conference.

The study was carried out with the financial support of the Russian Federal Property Fund in the framework of the scientific project № 18-014-00033 A Multilateral cooperation within the framework of the nuclear non-proliferation regime and Russia's national interests in the context of the initiative to ban nuclear weapons.

Key words: nuclear safety, guarantees of legal status, verification mechanism.