THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4


ISSUE CONTENTS:

1. Procedure for conducting anti-corruption checks in military organizations: problems of legal regulation.

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 discusses the features of legal regulation of the procedure for conducting inspections in order to counter corruption, established by the order of the Minister of defense of the Russian Federation No. 666 of November 21, 2019.

Keywords: anti-corruption, employees, military organizations, information verification, inquiry.

 

2. Problematic aspects in the field of safe conditions of military labor and the objective need for their settlement.

Zorin O.L., PhD of  Law, lieutenant- colonel, docent, opklex@mail.ru

Annotation. This article provides an overview of current issues related to the security of military service that have a negative impact on the quality of legal regulation of these relations.

Keywords: military personnel, dangerous (harmful) factor of military service, security of military service

 

3. The constitutional right to housing of military citizens of the Russian Federation - differentiation of housing rights of military personnel depending on the form of their implementation.

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 considers the restriction of the constitutional right of military personnel to housing from the state, depending on the form of provision of state guarantees by him in the field of housing (in fact, depending on the time the military personnel made contact about military service until January 1 2005 or from January 1, 2005).

Keywords. Serviceman, housing

 

4. On the issue of implementing the right to use a targeted housing loan by a participant in the savings and mortgage system: how not to become a debtor yet (analysis of the Decision of the Judicial Board for military cases of the Supreme Court of the Russian Federation No. 202-KG18-2 of April 25, 2018).

Sheshin 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, Ph. D., opklex@mail.ru

Annotation. The article considers the position of the Judicial Board for military personnel of the Supreme Court of the Russian Federation, which agrees that unreasonably received funds were collected from a military officer as a monthly monetary compensation for the hiring (subleasing) of residential premises. The author points to the lack of uniformity in the approaches used in resolving cases by different courts.

Keywords: monetary compensation, rent (sublease) of residential premises, accumulative mortgage system of housing provision for military personnel, target housing loan.

 

5. Objects with biometric data as the subject of a crime under article 327 of the criminal code of the Russian Federation.

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

Mufazdalov S. I., teacher of the Department of criminal procedure and criminology of the Saratov military order of Zhukov of the red banner Institute of the national guard of the Russian Federation, Major of justice, opklex@mail.ru

Annotation. The disposition of part 1 of article 327 of the criminal code contains an exhaustive list of items of this crime. At the same time, the reality that changes after technological progress inevitably leads to changes in the criminal legal reality. Judicial practice classifies the actions of persons who enter protected military facilities using forged passes as crimes under article 327 of the criminal code of the Russian Federation. At the same time, modern systems for monitoring and controlling access to protected objects use human biometric data as controllers - fingerprints, retinas, etc.In the case of an intruder entering the checkpoint by using cliches with fake fingerprints of another person, the crime will be absent. The authors propose to add article 327 of the criminal code of the Russian Federation to the subject of the crime, taking into account the specifics of the ways of bypassing the protection of protected objects that are developing after modern technologies.

Key words: forgery of documents, biometric data, admission order, access control system, illegal use of biometric data, penetration of protected objects.

 

6. Features of the assessment of objective signs of crimes that infringe on the order of military service.

Goncharova S.V., Senior lecturer of the Department of General legal disciplines of the Volgodonsk branch of the Federal state State educational institution of higher education "Rostov law Institute" of the Ministry of internal Affairs of the Russian Federation, Ph. D., opklex@mail.ru

Prudnikova L.B., Senior lecturer of the Department of General legal disciplines of the Volgodonsk branch of the Federal state State educational institution of higher education "Rostov law Institute" of the Ministry of internal Affairs of the Russian Federation, Ph. D., opklex@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 the national guard of the Russian Federation, Ph. D., opklex@mail.ru

Annotation. On the basis of a brief comparative legal analysis of the theory of criminal law, the authors reveal the features of the object's qualification and the objective side of a military crime that encroaches on the order of military service.

Keywords: object of the crime, objective side of the crime, crime against military service.

 

7. International legal military construction of the Russian Federation.

Sinyaeva N.A., Head of the Department of Constitutional (State) and International Law of the Military University of the Ministry of Defense of the Russian Federation, Candidate of Laws, Associate Professor, opklex@mail.ru

Kalamkaryan R.A., Professor of the Institute of law named after M.M. Speransky, of Vladimir State University named after A.G. and N.G. Stoletovikh, Doctor of Law, Professor, opklex@mail.ru

Annotation. This study shows the legal positive effect of the international legal construction of the Armed Forces of the Russian Federation in ensuring the integrity of the universal military security system, establishes the validity of the procedure for the Russian Federation to furnish military and civilian staff  to participate in the maintenance or reinstatement of international peace and security, confirming international legal Russia's contribution regarding the implementation and enforcement of international law

Keywords: international law; construction; Armed Forces of the Russian Federation; military security; legal positive; international peace and security; enforcement of international law.

 

8. Brief analysis of current provisions of international law prevention of dangerous military activities, prevention of incidents and incidents at sea during the implementation of military navigation.

Petrov O.Yu., PhD in law, opklex@mail.ru

Annotation. The article uses modern examples of creating preconditions for Maritime accidents and incidents to carry out a practical legal analysis of violations of the international rules for preventing collisions at sea (mppss-72). the article specifies the illegal actions of the command of a us Navy warship, the consequences and possible measures of international legal responsibility.

Keywords: international Maritime law, international conventions, ippcc-72, warship, international terrorism, responsibility in international Maritime law, Maritime accident, incident, collision of ships, commander of a warship, dangerous military activity.

 

9. Russia and the international criminal court: prospects for cooperation.

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

Annotation. The article explores the possibilities of effective interaction between Russia and the International criminal court, critically assesses the principle of complementarity as a fundamental principle of the Rome Statute, reveals some problems of implementation of certain provisions of international criminal law in national legislation, which brings us closer to inclusion in the system of international criminal justice.

Special attention is paid to the published materials of the Office of the Prosecutor of the International criminal court on the situations in Ukraine and Georgia. Despite the fact that no official court decisions involving Russian citizens were taken by the court as of January 2020, the author has two Reports from the Office of the Prosecutor of the International criminal court for Ukraine and Georgia, according to which Russian citizens can become defendants in criminal cases.

The author raises the question of whether the lack of ratification of the provisions of the Rome Statute means that the country remains outside the system of international criminal justice. It is concluded that the effective functioning of such an international institution as the International criminal court without full inclusion in these processes not only Russia, but also the United States and China looks simply impossible. However, according to the author, the role of the public and the legal consciousness of citizens in ensuring lasting respect for and observance of international justice should not be underestimated.

Keywords: criminal justice, criminal law, crime, international criminal court, Rome Statute, principle of complementarity, implementation, ratification, crimes of aggression.

 

10. Military law: concept and content, discussion on the relationship between the branch of law and legislation, the subject of research.

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

Annotation. The article analyzes the concept of “military law”, its legal nature and content, debatable questions of terminology and areas of research. This article was prepared in connection with the preparations for the holding of an international scientific and practical conference in August 2020 on the topic “Military law in the system of ensuring national security, developing the country's defense industry and implementing state policy in the field of military-technical cooperation” (Patriot Park ”, Kubika, Moscow region) and opens a series of articles on the conference topics.

Keywords: military law, national security, military-industrial complex, military-technical cooperation.

 

11. Toward a new reform of law enforcement structures ?: On the material of the draft law of the Russian Federation on amendments to the Constitution of the Russian Federation «On improving the regulation of certain issues of public authority organization».

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 ”, opklex@mail.ru

Bolshakova V.M., Ph.D. (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, opklex@mail.ru

Naumov P.Yu., candidate of pedagogical sciences, senior officer of the legal support department of the Federal State Budgetary Health Institution “Main Military Clinical Hospital of the National Guard of the Russian Federation” , opklex@mail.ru

Kononov A.N., Candidate of Pedagogical Sciences, Head of the Department of Theory and History of State and 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 " , opklex@mail.ru

Babarykin O.V., Colonel of Justice, Deputy Head of the Legal Division of the Organizational and Legal Department of the Treaty and Legal Department of the Russian Guard , opklex@mail.ru

Annotation. Based on the systematic method of legal research, the article discusses the appointment of heads of federal executive bodies, the activities of which are controlled by the President of the Russian Federation based on the draft law of the Russian Federation on amendments to the Constitution of the Russian Federation «On improving the regulation of certain issues of public authority organization». It was established that in the proposed draft amendments to the Constitution of the Russian Federation, there are prerequisites for the creation of a previously non-existent federal executive body in charge of public safety, as well as for structural changes among existing federal executive bodies.

Key words: Constitution of the Russian Federation; federal executive bodies; draft law of the Russian Federation; established areas of activity.

 

12. On the possibility of using the experience of some foreign countries in improving domestic legislation on secret inventions.

Ehsitashvili M.D., postgraduate student of the of Department of civil law and process of the all-Russian state University of justice (RPA of the Ministry of justice of Russia), Irkutsk Institute (branch), opklex@mail.ru

Annotation. The article is devoted to the study of the existing features of legal regulation of secret inventions in Russia at the present stage. Models of legal regulation of secret inventions of some foreign countries (the Republic of Belarus, Ukraine, the Republic of Kazakhstan) are considered. Proposals for overcoming and improving the legislation of the Russian Federation on secret inventions are being formed.

Keywords: patent system, intellectual property, state secret, legal protection, copyright certificate, patent, simple (unclassified) invention, secret invention, improvement of legislation, national security.

 

 

13. To the history of formation  legal Institute of military clergy in Russia. Part 2

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.