THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 8


   ISSUE CONTENTS:

 

1. Application of legal norms on military ranks in court decisions.

Taranenko V.V., State Counselor of Justice, Grade 3, Candidate of Law, Associate Professor, opklex@mail.ru

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

Resume: Based on court decisions, the article analyzes the problems of understanding and interpreting the legal norms governing relations in the field of military ranks. The described examples allow you to see the details of legal norms, failure to take into account which leads to a violation of the rights of military personnel or the interests of military organizations.

Key words: military service; military ranks; serviceman; military courts.

 

2. On some aspects of the realization of the rights to receive particular and the insurance payments of family members of a serviceman who has died (deceased) on the way to or from the location of military service.

Slivkov A.S., candidate of law, head of the 25 Department, Military University, opklex@mail.ru

Shnyakina Т.S., candidate of law, assistant professor of the 25 Department, Military University, opklex@mail.ru

Abstract. Based on the analysis of current legislation and law enforcement practice, the article considers some aspects of the implementation of the rights to receive particular and the insurance payments of family members of a serviceman who has died (deceased) on the way to or from the location of military service. The authors focus on controversial cases related to the determining his status of an acting military service duties at the time of death when he had been moving from vacation to the location of military service.

Keywords: serviceman, social protection, insurance payment, cash allowance, lump-sum allowance, monthly monetary compensation, military trauma, death of a military serviceman, to act military service duties, way (moving) to and from the location of military service, vacation.

 

3. On the right of military personnel to apply special tax regime «Professional income tax».

Trofimov M.V., candidate of legal sciences, employee of the center of research of problems Russian Law Equitas, opklex@mail.ru

Molchanov I. N., lawyer, opklex@mail.ru

Annotation. The article examines the theoretical and legal foundations of the use of special tax regime “Professional income tax” by military personnel, and considers the possibility of extending the special tax regime to income received by military personnel in past periods. The author’s position is revealed regarding the lawfulness (illegitimacy) of military personnel receiving income from the rental (rental) of residential premises.

Keywords: taxation of military personnel, tax optimization, professional income tax, tax benefits.

 

4. 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.

 

5. 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.

 

6. Topical issues of legal regulation of admission to the military training center for training in the program stock preparation.

Kalashnikov V.V., Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Resume: the subject of this article is the issues of legal regulation of admission to the military training center, the degree of motivation, the admission of female citizens.

Key words: military training center, admission of women to military training centers, motivation for training.

 

7. About the concept of inspection.

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

Abstract: the article considers the concept of examination, the possibility of conducting the specified procedural action by the body of inquiry. Based on the analysis of theoretical sources, various approaches to the nature of the survey are presented and the author's definition of the concept of "survey" is proposed.

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

 

8. Some issues of protecting the right of military servants for criminal defense in the investigation of crimes in the countries of residence of a limited military contingent of the Russian Federation.

Osipov A.O., Investigative committee of the Russian Federation, The head of the 519 military investigation department, opklex@mail.ru

Abstract: the article analyzes the norms of Russian legislation and international treaties between the Russian Federation and host countries of a limited military contingent of Russia, regulating the issues of ensuring the right to protection of military personnel deployed abroad who have committed crimes in the host countries, highlighted the problematic issues of ensuring participation in criminal cases in relation to such persons, Russian and foreign lawyers, including in conditions of aggravation of the sanitary and epidemiological situation.

Keywords: ensuring the right to defense, military investigative bodies of the Investigative Committee, military personnel of military units of the Russian Federation deployed outside the Russian Federation, participation of foreign lawyers in criminal cases, investigation of crimes abroad.

 

9. On some measures to prevent war crimes against civilians in modern armed conflicts.

Sibileva O.P., Master of Law, Officer of Information Analytical Section, Regional Military Police Department of the Western military District, opklex@mail.ru

Abstract. The article comprehensively addresses the basic rules of international humanitarian law developed by the international community to protect civilians from armed violence. The conduct of combatants during the war, especially those components related to compliance with or violation of the basic law of armed conflict by belligerents, is analyzed.

Particular attention is paid to the analysis of measures to prevent war crimes against the civilian population in the context of contemporary armed conflicts.

Keywords: international humanitarian law, modern armed conflicts, civilians, prevention of war crimes

 

10. On the need to improve the legal regulation of the activities of educational organizations with the special names “presidential cadet school”, “Suvorov military school”, “Nakhimov naval school”, “cadet (naval cadet) military corps”.

Andreev A.V., researcher, Center for legal studies, Saint-Petersburg,, opklex@mail.ru

Resume: The article discusses the need to improve the legal regulation of the activities of educational organizations with the special names “presidential cadet school”, “Suvorov military school”, “Nakhimov naval school”, “cadet (naval cadet) military corps”.

Keywords: legal regulation, cadet education, presidential cadet school, Suvorov military school, Nakhimov naval school, cadet military corps, naval cadet military corps, legal status of the cadet.

 

11. Strengthening social rights of the discharged military personnel.

Arakelyan K.E., Advisor to the CEO of ‘RT-Techpriemka’, Military Justice Colonel, opklex@mail.ru

Annotation. Current Russian legislation provides standards of social support for servicemen discharged from military service in reserve. However, development of modern society in the context of globalization requires additional study of the regulatory framework towards this category of citizens. One of the areas requiring amendments to the legislation is the employment of the dismissed military personnel. This article explores the possibilities of amendments to article 23 of the Federal Law 05.27.1998 No. 76-FZ "On the status of military personnel". The implementation of the proposed amendments will strengthen the legal status of the military, increase social guarantees for employment in civil service.

Keywords: employment of military personnel, civil service, change, dismissed military personnel, Arakelyan

 

12. The article deals with topical issues of mobilization training and organization of the military-judicial system in wartime.

Titov V.V., legal adviser to the military unit, lieutenant colonel of justice (retired), opklex@mail.ru

Key words: military courts, special legal regimes, mobilization, mobilization training, martial law, wartime.

 

13. Unwritten rules of conduct in the military environment as regulators of public relations.

Glukhov E. A., Colonel of justice, candidate of law, opklex@mail.ru

Abstract: the article analyzes examples of well-established rules of conduct in the military environment that contradict the requirements of legislation or correct the meaning of the existing legal norm. According to the author, it is necessary to recognize and take into account the existence of corporate rules of conduct in the military environment, which can play not only a positive but also a negative role in maintaining law and order, along with the rules of law to regulate relations in the military service.

Keywords: corporate behavior, military personnel relationships, General military Regulations, selective application of law, causes of offenses.

 

14. To the history of formation legal Institute of military clergy in Russia. Part 4.

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.