THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 9


   ISSUE CONTENTS: 

 

1. On the issue of bringing military personnel to financial responsibility when they perform certain service and combat tasks.

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 issues of bringing military personnel to financial responsibility for causing material damage when they perform certain service and combat tasks

Key words: military service, financial responsibility of military personnel, material damage, service and combat task.

 

2. On the issue of legal regulation of one of the elements of corruption prevention established by Federal law No. 273-FZ of December 25, 2008 "on anti-corruption".

Kokoulin, A. V., researcher, Centre for legal studies, opklex@mail.ru

Kichigin V. V., researcher, Centre for legal studies, opklex@mail.ru

Abstract: the article considers the procedure for closing accounts (deposits), terminating the storage of cash and valuables in foreign banks located outside the territory of the Russian Federation, and (or) alienating foreign financial instruments by military personnel of the Federal security service, their spouses and minor children.

Keywords: accounts (deposits), cash and valuables, foreign financial instruments in foreign banks located outside the territory of the Russian Federation, military personnel of the Federal security service, their spouses and minor children

 

3. Using the example of measures to prevent the spread of a new coronavirus infection (COVID-19).

Izolitov A.S., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Abstract. The article states that the administrative jurisdiction of officials of military organizations should be extended not just for military personnel but also for citizens who live or visit the territory of a closed military town.

Keywords: сlosed military town, administrative offenses, administrative jurisdiction, coronavirus infection, rules of condact in case of emergency or thread of occurrence.

 

4. On the pension rating of the lower ranks of the Russian Imperial Army and the Russian Imperial Navy, as well as members of their families in the period from 1874 to 1917.

Savin I.G., Professor of the Department of Humanities and Natural Science Disciplines of the RVVDKU, Candidate of Legal Sciences, Associate Professor, opklex@mail.ru

Abstract: the article deals with the issues of legal regulation of pension provision (charity) for military personnel of the Russian Imperial army and Navy belonging to the lower ranks, as well as their family members in the period from 1874 to 1917.

Keywords: Pension provision for military personnel and members of their families, Russian Empire, prizreniyu lower ranks of the Russian Imperial army and Navy.

 

5. Representation of military organizations in courts: new legal regulation.

Zaikov D.E., Associate Professor of the Department of Civil Law, Private International Law and Civil Procedure of the Law Institute of the Russian University of Transport, Candidate of Law, opklex@mail.ru

Annotation: The article deals with the instruction on the organization of representation in courts in the Armed Forces of the Russian Federation, approved by the order of the Minister of defense of the Russian Federation No. 150 of March 20, 2020.

Keywords: legal representation, the courts, the representative, a military organization, claim.

 

6. The position of the Supreme and constitutional courts of the Russian Federation in cases of challenging the sending of schoolchildren to training camps on the basics of military service.

Sokolov Y.O., lawer, Rostov-on-Don,opklex@mail.ru

Annotation. The article considers the position of the Supreme and Сonstitutional courts of the Russian Federation in the case of challenging the sending of schoolchildren to training camps for training in the basics of military service.

Keywords: training camps, preparation for military service, education, faith, beliefs, alternative civil service.

 

7. Some issues of qualification of evasion of military service duties (Articles 337 and 339 of the Criminal Code of the Russian Federation).

Kharitonov S.S., Colonel of the Justice of the Reserve, Candidate of Law, Professor,opklex@mail.ru

Resume: The article addresses some issues of qualification of crimes - unauthorized abandonment of a military unit and desertion. The analysis of law enforcement practice on these crimes is given. Attention is drawn to the delimitation of these crimes from related structures

Key words: evasion of military service, crimes against military service, unauthorized abandonment of a military unit, desertion.

 

8. Activity of the commonwealth of independent states in the field of military cooperation and regional security.

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

Amonuloev Sh.P., Adjunct, Military University of the Ministry of Defence of the Russian Federation ,opklex@mail.ru

Abstract: The article analyzes the activity of the Commonwealth of Independent States as a regional security organization as part of global security architecture. The role and main goals of military cooperation within the CIS, its legal framework, as well as particular contents of such cooperation, are considered. The major focus is given to struggle with terrorism, the threats from unmanned aerial vehicles and information security. The significance along with pragmatism of such activity under the auspices of CIS is stipulated, considering CIS as both strategically important but simultaneously not too binding for its members regional dialogue platform.

Keyword: The Commonwealth of Independent States (CIS), the Collective Security Treaty, military cooperation, Anti-Terrorist Center, unmanned aerial vehicle (UAV), information security.

 

9. The development of anti-extremist legislation in the USA in the first quarter of the XX century.

Kharitonov V.S., law student at the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia) ,opklex@mail.ru

Annotation. The article is devoted to the reaction of the American lawmaker to the growth of anti-war sentiments among some layers of citizens, acts of terrorism and anti-government protests in 1917-1920.

Keywords: USA, terrorism, extremism, anti-terrorism legislation, criminal liability, rights and freedoms of citizens, labor movement, repression, anarchism.

 

10. Implementation of the principle of stability of public service in the military sphere in the republic of Belarus.

Cheshko V.Yu., Master of law, associate professor department of legal disciplines, faculty of internal troops Military Academy of the Republic of Belarus, major of justice ,opklex@mail.ru

Annotation. In article analyses the principle of stability of public service and peculiarities of its implementation in the field of military service. The legal regulation of military service is studied and changes to the current legislation are justified.

Key words: public service, principle of stability, military service, service order.

 

11. The establishment of the form of guilt of a legal entity with administrative responsibility in the implementation of asgardia administrative and jurisdictional activities.

Shenshin V.M., deputy head of the department constitutional and administrative law Faculty (command) of St. Petersburg military order of the Zhukov Institute National Guard troops Russian Federation, PhD in Law,opklex@mail.ru

Abstract: The article examines the institutionalization of administrative responsibility of legal entities, which is predetermined by the dialectical contradiction between the administrative and legal foundations of these public relations and the practice of their implementation in the administrative and jurisdictional activities of Rosgvardiya. Attention is focused on the nuances of determining the form of guilt of a legal entity, as well as on the simultaneous bringing to administrative responsibility of an official and a legal entity.

Keywords: administrative and jurisdictional activity; the officer; Regardie; a legal entity.

 

12. Who are job seekers? On the problem of granting sabbatical leave to military personnel doing military service under contract and who are applicants for academic degrees.

Bolshakova V.M., opklex@mail.ru; Naumov P.Yu., opklex@mail.ru; Engibaryan G.V.,opklex@mail.ru; Dodonov K.V., opklex@mail.ru

In the article, on the basis of a comprehensive method of scientific research, the problem of granting sabbatical leave to servicemen undergoing military service under a contract and who are applicants for academic degrees is considered. It is noted that in the current legislation of the Russian Federation, regulating the state system of scientific certification, there is no concept of "applicants for a scientific degree", which were replaced by persons with a higher education, confirmed by a specialist or master's diploma, who prepared a dissertation for the degree of candidate of sciences without mastering programs for the training of scientific and pedagogical personnel in postgraduate studies (postgraduate studies) when attached to an organization to prepare a dissertation for the degree of candidate of sciences, as well as doctoral students or persons preparing a thesis for the degree of doctor of sciences. The main scientific result is the establishment of the fact that in fact the norms of paragraph 8 of article 11 of the Federal Law of 27 may 1998 № 76-FZ «On the status of military personnel» and paragraph 6 of article 31 of the Regulations on the procedure for military service apply to a non-existent category of persons – «applicants scientific degree». Without eliminating this gap, the provision of sabbatical leave for this category of servicemen is very difficult.

Key words: state scientific certification; academic degree; obtaining an academic degree; persons admitted to the competition for an academic degree; degree seekers.

 

13. Features of securing the legal status of the Chairman of the garrison military court as a person who holds a public office in the legislation of the Russian Federation (administrative and legal aspect).

Tuganov A.Yu, head of the tender activity Department LLK-INTERNATIONAL LLC, opklex@mail.ru

Abstract: the article analyzes the peculiarities of securing the legal position of the Chairman of the garrison military court as a person who holds a public position in the legislation of the Russian Federation. The article also examines the administrative and legal aspect as one of the main components of the position of the President of the court.

Keywords: person holding a public office, Chairman of the garrison military court, legal status, components of the legal status.

 

14. Training and mobilizing human resources for organs military justice in military centers of state educational institutions of higher professional education.

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

The article discusses the features of training personnel and mobilization of human resources (reserve officers) for military justice bodies in military training centers at state educational institutions of higher professional education.

Keywords: military training, military justice, mobilization human resources, reserve officers.

 

15. To the history of formation legal Institute of military clergy in Russia. Part 5.

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.