THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 1


  ISSUE CONTENTS: 

 

 

1. Monetary sanctions for refusal to further study at a military university: issues of legal regulation, legality and justice.

Glukhov E.A., candidate of legal sciences; Kharitonov S.S., Candidate of Legal Sciences, Professor

Abstract.: The article analyzes the legal provisions governing the reimbursement of expenses for military and special training of servicemen expelled from military universities. The analysis of judicial practice in this area is carried out. The necessity of differentiation of payments in relation to training courses is substantiated, taking into account the actual expenses of the state for the training of a military specialist, as required by the federal legislator.

Keywords: military service, serviceman, training at a military university, reimbursement of expenses for military and special training of servicemen.

 

2. The concept of military (ship) economy and the legal basis for the organization of its management.

Baranenkova I.V., PhD, associate Professor, opklex@mail.ru

Abstract. The article discusses the concept and legal basis of the organization of military (ship) economy; providing military organizations with material values, features of economic activity in military units (divisions) located separately and without support services; company economic management; features of economic activity in outsourcing; control of economic activity; organization of activities for the formation, re-formation and disbandment of military organizations.

Keyword: military (ship) economy, provision of military organizations with material values, company economy; outsourcing; control of economic activities; formation, re-formation and disbandment of military organizations.

 

3. About the individual methods of assessing the effect of compensation of social risk families of killed (dead) servicemen, by modern conditions of tsifrovizatsii public administration.

Zorin O.L., PhD of Law, docent, opklex@mail.ru

Abstract. This article briefly describes certain methods of social risk management, such as annual monitoring of the socio-economic and legal status of family members of deceased military personnel, as well as maintaining Federal registers of these persons entitled to certain types of social security.

Keywords: serviceman, social risk, social security of family members of dead (deceased) military personnel

 

4. Medical support as a special type of support for the Armed Forces of the Russian Federation, other troops, military formations and bodies: commentary to article 17.1 of the Federal law of 31 may 1996 «Оn defense».

Bolshakova V. M., opklex@mail.ru

Engibaryan G. V., opklex@mail.ru

Naumov P. Y., opklex@mail.ru

Abstract. The article analyzes article 17.1 of the Federal law of may 31, 1996 No. 61-FZ "On defense" on the basis of a comprehensive method of scientific research. Detailed scientific-practical commentary to the fact that the Federal legislator in the law governing the implementation of defense of the Russian Federation, has established provisions taking into account the specifics of medical care in medical institutions (military medical) the Armed Forces of the Russian Federation, other troops, military formations and bodies, taking into account characteristics of the solution of tasks on preparation for armed protection and armed protection of the Russian Federation. This article assumes the publication of normative legal acts at the level of the Government of the Russian Federation and Federal Executive bodies and Federal state bodies where Federal law provides for military service.

Keywords: medical care; military personnel; medical support; wartime

 

5. Commercial housing stock Ministry of defense of the Russian Federation: procedure for forming and conditions for providing residential premises.

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

Annotation. This article examines the legal regulation of the order and conditions of formation of housing of commercial use of the Ministry of defense of the Russian Federation, as well as the procedure and grounds for granting premises from it, analyzes the shortcomings of regulation of these relations and suggest ways of addressing them.

Keywords: residential premises, Ministry of defense of the Russian Federation, commercial housing stock, lease agreement, lease agreement.

 

6. Compensation for harm caused to servicemen.

Kalinin V.M., Ph.D., associate professor, opklex@mail.ru

Annotation. This article examines the issues of law enforcement of the legislation governing the protection of property and non-property rights of military personnel. The author raises the question: does the state fully compensate for the harm caused to a serviceman?

Keywords: intangible benefits of servicemen, harm to life, harm to health, insurance payments to servicemen, benefits to servicemen, full compensation for harm, moral harm

 

7. Some aspects of the functioning of the accumulative and mortgage system of housing provision for military personnel associated with the recognition by an arbitration court of a member of the military insolvent (bankrupt).

Nieder S.A., Teacher in the cathedra of Criminal Procedure and Criminalistics of the Novosibirsk Military Institute named after General of the Army I.K. Yakovleva troops of the national guard of the Russian Federation, opklex@mail.ru

Annotation. In the article, the author examines the problems of the functioning of the accumulative mortgage system of housing provision for military personnel, in terms of the possibility of termination of the execution by the federal state government institution "Federal Administration of the accumulative mortgage system of housing provision for military personnel" concluded with a participant in a targeted housing loan agreement, in connection with its recognition as insolvent (bankrupt).

Keywords: Institution, accumulative mortgage system, serviceman, loan obligation, housing, insolvent (bankrupt).

 

8. Some aspects of distinguishing between a disciplinary offense, a gross disciplinary offense, and a military offense.

Chukin D.S., senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order of Zhukov of the Red Banner Institute of the national guard of the Russian Federation, Lieutenant Colonel of justice, opklex@mail.ru

Pronin K.V., senior lecturer of the Department of criminal procedure and criminalistics of the Saratov military order of Zhukov of the red banner Institute of the national guard of the Russian Federation, Ph. D., associate Professor, Lieutenant Colonel of justice, opklex@mail.ru

Annotation. The article analyzes the substantial signs of misconduct and gross misconduct envisaged by the Disciplinary Charter of the armed forces, in their relation to criminal offences, responsibility for which is established by norms of Chapter 33 of the criminal code. It is noted that in some cases, there is a leveling of signs that allow drawing a demarcation line between these rights. It is concluded that the degree of public danger as the main criterion for delineating offenses is an uncertain and largely subjective factor. It is recommended to correct the signs of individual gross disciplinary offenses for uniform application of legal norms.

Key words: military discipline, disciplinary offense, gross disciplinary offense, crimes against military service.

 

9. Practice of the Supreme Court in cases of challenging the issuance of reference of evader's reference.

Y.O. Sokolov, lawyer, opklex@mail.ru

Annotation. The article provides an overview of the position of the Supreme Court of the Russian Federation in cases of challenging the conclusions of draft commissions on the recognition of citizens who did not pass military service on conscription, without having legal grounds.

Keywords: conscription, military service, summons, military department, draft board, state civil service, municipal service, military card.

 

10. Fighting in cyberspace as a new challenge to the international legal protection of 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 considers the extension of the inter-state confrontation of the member states of the world community to universal information (cyber) space as a logical consequence of the development of modern technologies and a threat to the integrity of universal military security.

The current state of the institute of information security of Russia and international legal regulation in this sphere is analyzed. Special attention is paid to the analysis of the impact of the use of new cybertechnologies of warfare on the degree of protection of key elements of civilian infrastructure.

Keywords: cybertechnologies, combat, key elements of civil infrastructure, international law, information security, legal regulation, civilian population.

 

11. About some actual problems of legal support of national defense and state security in new conditions.

Baranenkov V.V., Ph.D., Professor, opklex@mail.ru

Abstract. The article considers some features of threats to national security of Russia caused by the development of the geopolitical situation, the nature of modern wars, and considers the prospects for improving military law science.

Keyword: Legal support of national defense and state security, military threats, modern wars, military confrontation, large-scale war, research of forms and types of modern war, information confrontation.

 

12. Action in the circle of persons of the institution of turning the property of servicemen into state revenue as one of the measures to counter corruption in a military organization.

Kiselev N.P., Saint Petersburg State University, opklex@mail.ru

Annotation: The article deals with the problem of turning’s property of military personnel into state’s income effect “in personam”. Basing on the analyzes of judicial practice the author makes a conclusion about this institute’s inability in its current form to cover all cases of illicit enrichment of persons connected with military personnel. Guided by the principle of balance between private and public interests the author suggests the idea of unnecessity of further expansion of this institute in personam as it is possible today to react to the facts of illicit enrichment with the help of other legal measures.

Key words: military service; corruption counteraction; corruption prevention; expenses control; ownership’s termination; turning the property into state’s income; confiscation.