THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 6


 ISSUE CONTENTS:

 

1. On the dismissal of military personnel from military service under the contract (based on court practice)

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

Annotation.  The examples of judicial practice deal with the issues that most often arise in military-administrative relations when implementing legal norms in the course of command actions when a soldier is dismissed from military service. Evaluation of examples allows us to see the details and particulars of legal requirements, ignoring which leads to a violation of the rights of military personnel. It is concluded that it is necessary to carefully study the legal norms governing the procedures for dismissal from military service.

Keywords: military service; dismissal from military service; serviceman; military courts.

 

2. Innovations in the legal regulation of financial liability of military personnel.

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

Kirichenko N. S., associate Professor, opklex@mail.ru

Annotation. The article is a scientific and practical commentary on Federal law No. 81-FZ of April 1, 2020 "on amendments to article 57.7 of the Federal law" on military duty and military service "and the Federal law" on material liability of military personnel", which introduced significant changes to the legislative regulation of material liability of military personnel. A prognostic assessment of these changes is given, and some ways to further improve the Institute of financial responsibility of military personnel are suggested.

Keywords: military service, material liability of military personnel, real damage, monetary deductions

 

3. Problems of compliance with the principles of social justice and equality in determining insurance cases for mandatory state life and health insurance of military personnel.

Anikushin S.V.,  opklex@mail.ru

Annotation. Тhis article analyzes the existing problems in the field of life and health insurance for military personnel, as well as compensation for damage to military personnel who are under contract military service in the event of their dismissal from military service in connection with the recognition by the military medical commission of their limited fitness for military service due to illness received during the military service, having practical legal significance, and proposed solutions.

Keywords: military personnel, social protection, life, health, insurance, redress.

 

4. On the provision of pensions for servicemen and members of their families in Russia (from the beginning of the 20th century and during the validity of the Charter on pensions and lump sums dedicated to the military departments and their families in 1912).

Savin I.G., Professor,  Candidate of Law, Associate Professor, opklex@mail.ru

Annotation: the article deals with the issues of legal regulation of pension provision for military personnel and their family members in the Russian Empire in the period from 1899 to 1917.

Keywords: Pension provision for military personnel and members of their families in the Russian Empire, the Charter on pensions and lump-sum benefits for military officials and their families of 1912.

 

5. Issues of the application of legislation on providing military personnel with housing in the context of taking into account state interests.

Smorchkova L.N., Doctor of Law, Associate Professor, Leading Researcher of the Administrative Law Sector of the Administrative Process Institute of State and Law of the Russian Academy of Sciences, opklex@mail.ru

Abstract: the article analyzes the innovations of the legislation of the Russian Federation on providing military personnel and members of their families with living quarters at the expense of the state from the point of view of taking into account the interests of all parties to the legal relationship.

Keywords: military personnel, right to housing, registration as needy, state interests, defense and security.

 

6. Lease agreements for real estate objects of the Armed Forces of the Russian Federation: the impact of the new covid-19 coronavirus infection.

D.E. Zaykov, 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 lease relations in the context of the spread of a new coronavirus infection (COVID-19) and its consequences, which may be faced by landlords of lease agreements for real estate objects of the Armed Forces of the Russian Federation.

Keywords: lease agreement, tenant, landlord, coronavirus infection, installments, military organizations.

 

7. The provision of paid services by the Federal Service of the National Guard of the Russian Federation: the specifics of legal regulation.

A.G. Aseev, Associate Professor, Professor,  opklex@mail.ru

V.M. Bolshakova, Candidate of Law, Associate Professor,  opklex@mail.ru

O.V. Babarykin, Deputy Head of the Legal Division, opklex@mail.ru

P.Yu. Naumov, candidate of pedagogical sciences, assistant to the head of the legal support, opklex@mail.ru

Annotation. Based on a theoretical analysis, the article examines the features of regulatory legal regulation in the areas of activity established by the Federal Service of the National Guard of the Russian Federation, as well as the procedure for the provision of paid services by the Russian Guard. The regulatory legal justification of the issue under consideration is provided, the federal legislation, Decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation and departmental regulatory legal acts are analyzed. The main scientific result is the author’s understanding of the need to reform domestic legislation related to the optimization of the control and supervision functions of federal executive bodies.

Keywords: Rosguard; established areas of activity; tasks of troops of the national guard; the provision of paid services.

 

8. Current issues of work on the training of civilian personnel of the Аrmed Forces of the Russian Federation.

Lomakina T. V., Cand. Sc. (Law), Associate Professor, Department of constitutional (state) law,  opklex@mail.ru

Annotation. This article examines issues related to the conclusion of a part-time employment contract with civilian personnel when applying for employment in military units (military organizations), whether the employee's qualifications meet the requirements for a part-time position, remuneration for part-time employees, and other guarantees provided for by the Labor code of the Russian Federation. The article examines the reasons for the practical reason of the experience of applying the Russian legislation in the field of social protection, and can also be considered as the most effective methods for resolving the military problems of the military personnel.

Keywords: part-time work, combining, replacing a temporarily absent employee, qualification requirements for employees ' positions, payment for part-time work.

 

9. Jurisdiction of criminal cases in military courts.

Dikarev I.S., doctor of law, associate professor Head of Department of Criminal Procedure, opklex@mail.ru

Annotation. The article deals with the jurisdiction of criminal cases before military courts. The provisions of the criminal procedure law that place criminal cases under the jurisdiction of military courts on the basis of a subject matter of jurisdiction are analyzed. The grounds and procedure for transferring criminal cases from the general courts to the military courts are being investigated. Issues of jurisdiction in the case of crimes committed by military personnel in complicity with civilians are raised.

Keywords: serviceman, military court, military court, jurisdiction, subject matter of jurisdiction

 

10. Kholikov I.V., Doctor of Law, Professor, Institute of Legislation and Comparative Law under the Government of the Russian Federation, opklex@mail.ru

Plaksa V. N., Research Fellow, opklex@mail.ru

Annotation.  The article studies the problem of realization of norms of international humanitarian law in space taking into account the possible prospects of its military use. The current military threats are evaluated, the perspectives of usage of certain types of weapons, including cyber warfare, are evaluated. The major focus is given to the issues of applicability of international humanitarian law, possibilities of legal regulation of future armed conflicts and sufficiency of existing international legal norms.

Keywords: international humanitarian law, military threats, space, weapons, military actions, civilian objects.

 

11. Military doctoral students: problems of legal regulation of activities.

Glukhov E. A.,  candidate of legal Sciences, opklex@mail.ru

Novokshonov D. V.,  candidate of legal Sciences, opklex@mail.ru

Annotation: the article analyzes the norms of modern Russian legislation on admission to doctoral studies, and focuses on the functioning of doctoral programs of military organizations. Currently, doctorates are not included in the system of educational organizations, so they are not subject to the norms of legislation on education. The Regulations on doctoral studies, which are discussed in this article, do not fully regulate all the nuances related to admission and stay in the doctoral program, and do not take into account the specifics of military service. Separately, the authors examine the issue of choosing the topic of dissertation research by a military doctor, as well as social guarantees for doctoral students. Based on the studied normative acts, proposals are made to improve the legislation on the status of doctoral students in military organizations.

Keywords: doctoral studies, military scientists, doctor of science, topic of dissertation, freedom of scientific creativity, rights and benefits of a doctoral student, incentive payments, age and health of a doctoral student.

 

12. Criminal support of the activities of internal forces of the ministry of internal affairs of the republic of Belarus as an authority of inquiry.

Talalaev V.A.,  PhD in Law,  Associate Professor  Head, opklex@mail.ru

Asayonok B.V., PhD in Law, Associate Professor, opklex@mail.ru

Annotation. The forensic support of the investigation of crimes can be considered taking into account the object, subjective and activity approaches. The subjective approach provides for the possibility of targeted study of the possibilities of forensic support for a specific subject of law enforcement, which includes the internal troops of the Ministry of Internal Affairs of the Republic of Belarus.

Keywords: forensic support; inquiry agency; internal troops; elements of forensic support; organization of inquiry.

 

13. Modernization of administrative responsibility for offences in the field of protection of State border of the Russian Federation in the new project of the Russian code of administrative offences.

D.G. Pichugin, opklex@mail.ru

Annotation. This article analyzes the legal norms on administrative responsibility for offenses in the field of the Russian Federation State border protection, stipulated by the new project of the Russian code of administrative offences. The analysis is given in comparison with the current Russian code of administrative offenses, December 30, 2001 No. 195. The author notes the positive aspects and problematic issues of modernization of the institute of administrative responsibility in this sphere.

Keywords: administrative responsibility, state border protection, nation-al interests in the border area of the Russian Federation, project of the Russian code of administrative offences.