THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
1."Regulatory guillotine" for the Russian defense Ministry.
Koryakin V.M., doctor of legal Sciences, Professor, Professor of the Military University, Deputy Director of the Law Institute of "Russian state University of transport», firstname.lastname@example.org
Annotation. The article reveals the concept of "regulatory guillotine", the content of which is a revision of the entire array of regulatory legal acts that operate in a particular field of activity, and the radical abolition of all outdated, outdated regulations. Features of application of this mechanism to departmental acts of the Ministry of defense of Russia are shown. In addition, the article provides an overview of the draft Federal law "on mandatory requirements in the Russian Federation", which is supposed to legalize the mechanism of "regulatory guillotine".
Keywords: "regulatory guillotine"; mandatory requirements; norm-making activity; departmental norm-making.
2. New system of remuneration of civilian personnel (workers) of military units and organizations of the Armed Forces Russian Federation: analysis of changes.
D.E. Zaykov, Associate Professor, Department of Civil Law, Private International Law and Civil Procedure, Law Institute of the Russian University of Transport, Ph.D., email@example.com
Annotation: The article analyzes the changes in the system of remuneration of employees of military units and organizations of the Armed Forces of the Russian Federation and its legal regulation.
Keywords: employees, Armed Forces of the Russian Federation, remuneration, official salary, incentive payments.
3. Bases and conditions of attraction of the military personnel to material responsibility (on an example of practice of troops of national guard of the Russian Federation).
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, firstname.lastname@example.org
Abstract. In the article, on the basis of the practice (including judicial) of the nation-al guard troops, the grounds and conditions for bringing servicemen to financial responsibility are considered.
Key words: military service, financial responsibility of servicemen, the conditions of the base.
4. On the practice of the military personnel exercising the right to training provided for in paragraph 2 of Article 19 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”.
Kichigin N.V. senior researcher, Center for legal studies, email@example.com
Kokoulin, A.V., researcher, Centre for legal studies, firstname.lastname@example.org
Resume: The article describes the procedure for the realization by military personnel of the right to training provided for in paragraph 2 of Article 19 of Federal Law No. 76-FZ of May 27, 1998 “On the Status of Military Soldiers, as well as the procedure for providing military personnel with separate law enforcement agencies - candidates for the degree of candidate or doctor of sciences creative holidays. Attention is focused on the absence of a normative legal act establishing the procedure for granting creative leave to military applicants for a degree of candidate or doctor of science of creative leave in the federal security service and concluded that it is necessary to publish a procedure for granting creative leave to military personnel seeking a degree of candidate or doctor of science of creative leave at the departmental level.
Keywords: The order of realization by the military personnel of the right to training, military personnel - candidates for the degree of candidate or doctor of sciences, granting creative leave.
5. Features of law enforcement practice in the sphere of realization of the right of the citizens dismissed from military service under the contract, and members of their families to monetary compensation for hiring (sublease) of premises.
Nizhnik N.S., Head of the Department of Theory of State and Law of the Saint-Petersburg University of the MIA of Russia, Dr. Sci. (Jurid.), Cand. Sci. (Hist.), Professor, Honored Worker of Higher Education of the Russian Federation, email@example.com
Kudryavtsev I.V., adjunct of the Department of Theory and History of State and Law of the St. Petersburg Institute troops of the national guard of Russian Federation, firstname.lastname@example.org
Abstract. The article is devoted to the problems of implementation of the legal norms that enshrine the right of military pensioners of the national guard troops, consisting on housing registration and unsecured premises, to receive monetary compensation for the hiring (sublease) of residential premises. The authors present their views on the solution of problematic issues in this area in modern Russia.
Keywords: right to housing, hiring (sublease) of residential premises, special subject of law, military service, legal status of military personnel, national guard troops, military pensioner.
6. On a restoration of the participants’ of the savings and mortgage system for servicemen infringed right to receive income from investment.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, email@example.com
Abstract. Author analyzes case materials about the matters of an investment income accrual on personal savings accounts of participants of the savings and mortgage system of housing provision for servicemen for the period of unlawful non-inclusion of a serviceman to the register of such participants (elimination from the register). While the determining a suitable remedy the author qualifies an investment income non-accrual as a violation of the housing rights of participants of the savings and mortgage system of housing provision for servicemen. Special attention is paid to procedural issues such as type of a judicial procedure for consideration of disputes, a horizontal exclusive jurisdiction of the cases on an investment income accrual (payment of amounts of non-accrued investment income), a period of limitation, parties to a civil case.
Keywords: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; income from investment.
7. Questions of differentiation of unauthorized abandonment of part and desertion.
Stepanenko N.E., Associate Professor of the Department Criminal Law, Candidate of Legal Sciences Military University, firstname.lastname@example.org
Rusak A.G., 5-year cadet of prosecutorial and investigative faculty Military University, email@example.com
Abstract: in this article is provided a comparative analyse of the crimes by 337-338 articles of the Criminal Code of the Russian Federation with their individual elements.
Keywords: willful abandonment, military part, location services, desertion, evasion of military service, criminal liability.
8. Sabbatical leave when a student is called up for military service.
Sokolov Y.O., lawer, firstname.lastname@example.org
The article gives a General description of the procedure of leaving students of educational organizations on academic leave in connection with the call for military service and subsequent restoration in an educational institution.
Keywords: academic leave, conscription, summons, military department, education.
9. Autonomous Precision Weapons as a challenge to International Humanitarian Law.
Sibileva O.P., Master of Law, Officer of Information Analytical Division, Regional Military Police Department of the Western military District, email@example.com
Abstract. The article considers the definition and classification of autonomous precision weapons, analyses the current state and prospects of extending to autonomous weapons systems the international legal norms governing the use of various weapons. Special attention is paid to legal problems related to the development and use of autonomous precision weapons.
Keywords: autonomous precision weapon, definition and classification of autonomous precision weapons, problems of legal regulation of the use of autonomous weapons systems
10. To the question of the legal status of military servicemen of the military investigative bodies of the investigative committee of Russian Federation serving abroad.
Osipov A.O., Investigative committee of the Russian Federation, The head of the 519 military investigation department, firstname.lastname@example.org
Abstract: the article analyzes the norms of international treaties between the Russian Federation and the host countries of the limited military contingent of Russia, regulating the activities of the military investigative bodies of the Investigative Committee of the Russian Federation stationed abroad. A number of gaps in international documents regulating the legal status of military investigative officers stationed abroad are highlighted, the main problematic issues are formulated, and possible ways of their solution are outlined.
Keywords: Investigative Committee; military investigative bodies, the legal status of military investigative officers stationed abroad.
11. Legal aspects of the need to create a DNA database for military personnel.
Khabirov A.I., Cand.Sc. (Law), Senior Lecturer at the Civil Law Department of the Kazan (Volga region) Federal University, email@example.com
Khamitova G.M., Cand.Sc. (Law), associate professor at the Biomedethic, Medicine Law and History of Medicine Department of Кazan State Medical University, firstname.lastname@example.org
Abstract. The relevance of this problem is conditioned by the prevailing political situation in the world community. Both world and local wars almost always entail many deaths, there are the cases of mass burial of the dead. In such cases, dead can often be determined only by genomic identification. Indirect DNA diagnostics are being used now, but the use of direct methods is more economical and faster, which requires the creation of a genomic data-base of all people who will be on the battlefield.
In the armed forces of the Russian Federation, soldiers carry an aluminum token on their chest, on which in-formation about the name and blood type is stamped. This method was used back in World War II to determine the identity of a soldier at his death. Of course, this method is not particularly effective, since it is quite difficult to "identify" a person by such small fragments. In this case, the help of geneticists is needed. The 124th Central Medical Identification Research Laboratory of the Ministry of Defense of the Russian Federation, located in Rostov-on-Don, which was engaged in the identification of people in the Chechen Republic, has extensive identification experience.
At first, during the first Chechen campaign, the names of 700 dead servicemen were identified thanks to special laboratory methods. Further, the number of identified persons was already about 3 thousand, and this was not due to the fact that the number of losses increased.
Research is still ongoing. And, despite the fact that geneticists did a great job to identify the dead, there are still inscriptions on the graves: "Unknown soldier." A number is put in the place of the name with the hope that someday it will still be possible to identify this fighter.
Keywords: DNA examination, identification of military men, unidentified soldiers, genomic registration, genomic base, DNA base, DNA material, identification of people.
12. Features of realization of function of the state coercion in the form of detention at implementation by Rosgvardiya of administrative and jurisdictional activity.
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 National Guard Troops of the Russian Federation, Candidate of Law, email@example.com
Abstract: Administrative detention constitutes a significant interference with the constitutional right to liberty and security of person, it must be carried out in accordance with constitutional and Convention requirements, be lawful and proportionate to the act, as well as adequate to the procedural purposes pursued. In the presented article the author investigates the issues of recognition of detention as lawful, the ratio of administrative detention and criminal procedural detention is carried out, it is indicated that the official performing administrative detention must have such facts and information that are sufficient for an objectively justified suspicion that the detainee could commit the relevant offense.
Keywords: administrative and jurisdictional activity, the troops of the national guard; detention, state compulsion, Regardie.
13. The history of isolationism and the militarization of the economy. Defense industry enterprises under the conditions of US and EU sanctions.
Melnik N.N. The history of isolationism and the militarization of the economy, firstname.lastname@example.org
Annotation. The militarization of the economy can lead to beneficial consequences for the economy, but it cannot become a constant locomotive of its development. The article considers examples of coercion of the state to international cooperation under the threat of the use of armed forces, which equally provide us examples from history. Set by the President of Russia V. Putin the task of diversification is to provide a tool, but not a goal. The measures undertaken to the diversification of the DIC entailed the growth in the production of high-tech technology and became a solely locomotive of its growth, but the dependence on supplies of import parts and components is due to the need to fulfill the tasks set. The dependence of the manufacturing the civil production on imported parts and components under the conditions of US and EU sanctions and a number of other reasons complicate the implementation of these tasks.
Keywords: isolationism, militarization, defense industry diversification, EU and US sanctions
14. To the question of disciplinary prejudice in the system of responsibility of the military personnel in the Republic of Belarus.
Cheshko V.Y., master of law, postgraduate student at the department of constitutional law, faculty of law Belarusian Sate University major of justice, email@example.com
Annotation . In article the precepts of law regulating criminal liability of the military personnel to Republic of Belarus and practice of their application are analyzed. Need of liberalization of responsibility of the military personnel is proved. The disciplinary prejudice as a way of liberalization of responsibility of the military personnel is investigated. Legal regulation of disciplinary arrest of the military personnel taking into account the European legal standards is considered. Changes to existing legislation are proposed.
Key words: military service, disciplinary responsibility, criminal responsibility, prejudice.