THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7
ISSUE CONTENTS:
1. When Moral Harm Is Caused by a Crime: The Practice of Military Courts.
Kharitonov S.S., Colonel of the Justice of the Reserve, candidate law, professor, opklex@mail.ru
Resume: This article provides examples and analyzes of the practice of military courts, taking into account Art. 44 of the Code of Criminal Procedure of the Russian Federation, according to which the victim has the right to bring a civil claim for compensation for non-pecuniary damage in criminal proceedings. The given examples serve as a guideline in resolving legal issues arising for military judges when applying the relevant legislation.
Keywords: military courts, serviceman, compensation for non-pecuniary damage.
2. Judicial activity: novelties and perspectives of legislation on material liability of military personnel.
Tuganov Yu.N., Chief researcher Russian State University of justice, Professor of the Russian Customs Academy, honored lawyer of the Russian Federation, doctor of law, Professor, academician RANS, opklex@mail.ru
Aulov V.K., candidate of legal Sciences, associate Professor, the judge in honorable resignation, opklex@mail.ru
Abstract: in this article, the authors analyze and comment on the Federal law " on amendments to article 57.7 of the Federal law "on military duty and military service" and the Federal law" on financial responsibility of military personnel". The norms regulating the financial responsibility of military personnel have been studied in relation to cases of damage to military property by citizens called up for military training, serving in the mobilization human reserve and dismissed from military service. In addition, the authors analyzed legal and technical approaches to the wording of certain legal categories.
Keywords: judicial activity, military courts, armed forces, military personnel, financial responsibility of military personnel.
3. The President of the Russian Federation clarified the procedure for implementing measures to restrict the rights of military personnel in the sphere of information circulation.
Koryakin V. M., doctor of law, Professor, Deputy Director of the Law Institute of the Russian University of transport (MIIT), Professor of the Military University, opklex@mail.ru
Annotation. The article is a commentary on Decree of the President of the Russian Federation No. 308 of may 6, 2020, which amended and supplemented the General military regulations of the Armed Forces of the Russian Federation and the regulations of the military police of the Armed Forces of the Russian Federation. The changes made to these acts relate to the implementation of the provisions of the Federal law of March 6, 2019. No. 19-FZ, according to which military personnel and citizens called up for military training are prohibited from providing the media or using the Internet to distribute or provide certain information, as well as to carry electronic products that can be stored or that allow using the Internet to distribute or provide audio, photo, video materials and geolocation data.
Keywords: information; the right to freely seek, receive, transmit and disseminate information; prohibitions and restrictions related to military service; the media.
4. Drafts of the new Code of administrative offences of the Russian Federation: a brief overview of approaches.
Tuganov Yu.N., Chief researcher Russian State University of justice, Professor of the Russian Customs Academy, honored lawyer of the Russian Federation, doctor of law, Professor, academician RANS, opklex@mail.ru
Aulov V.K., candidate of legal Sciences, associate Professor, the judge in honourable resignation, opklex@mail.ru
Abstract: the article examines the characteristics of the legal status of the main participants in proceedings on administrative offenses. A schematic comparative legal analysis of Chapter 25 of the Code of administrative offences of the Russian Federation and Chapter 2 of the draft Procedural code of the Russian Federation on administrative offences is undertaken.
Key words: administrative procedure, legal status, administrative offense, the participant of manufacture on Affairs about administrative offences.
5. Judicial practice on the refund Federal budget funds spent on military or special training of citizens.
Zhabrovskiy R.A., legal adviser of the military unit, major, opklex@mail.ru
In this article the author analyzes judicial practice of reimbursement of expenses by citizens who graduated from educational organizations and were dismissed from military service earlier than the stipulated period. The analysis reveals differences in the conclusions of the courts and the author explains his position on this issue. The author hopes this article will help to military units to prove legal position drafting the relevant claims.
Key words: commander of a military unit, reimbursement of expenses, educational organization
6. Legal regulation of personal data in the Armed Forces of the Russian Federation.
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 the issues of legal regulation of relations on the processing and protection of personal data in the Armed Forces of the Russian Federation.
Keywords: personal data, Armed Forces of the Russian Federation, operator, military unit, responsibility.
7. About causing military personnel material damage to the state as a result of loss (disclosure) of information.
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
Abstract: The article is devoted to the theoretical issues of bringing military personnel to financial responsibility for causing damage as a result of loss or disclosure of information constituting a state secret.
Key words: military service, financial responsibility of military personnel, state secrets.
8. Compensation for harm to persons involved in the fight against terrorism, justice has been restored, and questions remain.
Fomin A.V., Lieutenant Colonel of justice, candidate of sociological Sciences, student of the 2nd faculty of the national guard troops of the Military University, opklex@mail.ru
Abstract. The article considers the procedure for compensation of harm to persons involved in the fight against terrorism and their family members, taking into account the legal position of the constitutional court of the Russian Federation. It also analyzes current issues related to the provision of one-time benefits to family members of deceased military personnel, examines the practical experience of applying legislation in this area, as well as the most effective methods of resolving emerging problems.
Keywords: terrorism, indemnification, lump-sum allowance, payments to family members of deceased military personnel.
9. On the issue of the implementation of social guarantees and compensations by female military personnel in accordance with Federal laws and other regulatory legal acts of the Russian Federation on the protection of the family, motherhood and childhood.
Kichigin N.V., Senior Researcher Legal Research Center, opklex@mail.ru
Golodnev E.N., Researcher Legal Research Center, opklex@mail.ru
Abstract: in the article the peculiarities of military service and the implementation of military female social guarantees and compensations stipulated by the current normative legal acts of the Russian Federation and regulating passage of military service in the Russian Federation, considering pregnancy, need to care for children under the age of 1.5 and 3 years, children with disabilities, and other family responsibilities, not the application of the provisions of the Labor code to members of the given position of the constitutional Court of the Russian Federation, concerning the special legal status of military personnel due to the need to perform duty and obligations to defend the Fatherland.
Keywords: female military personnel, implementation of social guarantees and compensations by military personnel, involvement of military personnel to perform duties during overtime and at night.
10. On the provision of pensions for military personnel 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-sum allowances to the ranks of the military department and their families in 1912) (end).
Savin I.G., Professor Department of Humanities and Natural Sciences, RVDKU, PhD in Law, Associate Professor, opklex@mail.ru
Abstract: 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.
11. On judicial practice in resolving issues of providing housing for former military personnel of Ukraine.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Kharitonov V.S., law student at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia) , opklex@mail.ru
Resume: The article provides an analysis of judicial practice in the implementation of one of the social guarantees, - housing, - by military personnel, citizens discharged from military service, living in the territory of the Republic of Crimea and the city of Sevastopol, who previously served in the relevant military units of the armed forces, military units and law enforcement agencies of Ukraine and are now serving in the army of Russia.
Key words: housing provision; military personnel; citizens discharged from military service; military courts; arbitrage practice.
12. History of the formation of the concept of "military property" and its legal regime.
Stepanenko, F. N., cadet 4th year 5 (prosecution and investigation) of the faculty of the Military University MO RF , opklex@mail.ru
Annotation. The author considers the concept of "military property", as well as certain issues of its legal regime. According to the author, in peacetime, certain types of property assigned to military organizations should be attributed to both Federal property and the property of the subjects of the Russian Federation.
Keywords: legal regime, military property, property of military organizations, property of a military unit, property of the Armed Forces of the Russian Federation.
13. Administrative responsibility for failure to appear on a summons to be sent to the troops after appealing a decision of a draft board.
Y.O. Sokolov, lawyer, Rostov-on-Don, opklex@mail.ru
The article deals with cases of bringing conscripts to administrative responsibility for failure to appear on summonses to military department after appealing decisions on conscription. The author uses examples from judicial practice to analyze two approaches to this problem.
Keywords: conscription, decision of a draft board, administrative responsibility, appeal, summons, military department.
14. The principle of complementarity in criminological research (on the 80th anniversary of Professor A.A. Ter-Akopov).
Kharabet K.V., Colonel of Justice of the reserve, PhD in Law, opklex@mail.ru
The main “milestones” of the scientific biography of Professor A. Ter-Akopov, a prominent military lawyer and forensic scientist, are examined. A summary of the principle of complementarity and its significance for criminological research is formulated. The reader's attention is drawn to the contribution of Professor A.A. Ter-Akopov in the development of criminological issues (clarification of the mechanism of a specific crime, etc.).
Keywords: principle of complementarity of Niels Bohr, professor A.A. Ter-Akopov, criminological research, crime, positive and negative spirituality, special rules of conduct, human security.
15. Military doctoral students: problems of legal regulation of activities.
Glukhov E. A., Colonel of justice, candidate of legal Sciences, opklex@mail.ru
Novokshonov D. V., Colonel of justice, candidate of legal Sciences Saint Petersburg military Institute of the national guard troops, opklex@mail.ru
Abstract: 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.
16. To the history of formation legal Institute of military clergy in Russia. Part 3.
Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru
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.