THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 10
ISSUE CONTENTS:
1. Military law in the XXI century: a Fundamental study of Modern Problems of Military Law.
Koryakin V.M., Doctor of Law, Professor, Head of the Civil Department of the Russian University of Transport, Professor of the 25th Department of Military Law of the University, opklex@mail.ru
Annotation. The article is a review of the first volume of the monograph "Military Law" entitled "History and theory of military Law", prepared by a team of authors under the general editorship of Corresponding member of the Russian Academy of Sciences, Doctor of Law, Professor A. N. Savenkov and Doctor of Law, Professor A.V. Kudashkin.
Keywords: military law, military security, military legislation, armed conflict, state bodies and organizations, defense, military organization.
2. Doctrine of the Law of Military Operations: Concept significance and place in the structure of Russian military law.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
Melnik N.N., expert in the field of military law of the USA and European countries, PhD (USA), Honorary Advocate of Russia, opklex@mail.ru
3. On the issue of attributing the normative legal act of the Prosecutor General of the Russian Federation to the source of military law.
Artemenkov V.K., Senior Public Prosecutor, Department of the Law Directorate, the General Prosecutor's Office of the Russian Federation, PhD (Law), opklex@mail.ru
Annotation. The article analyzes the specifics of the normative legal act of the Prosecutor General of the Russian Federation, its features and legal grounds for publication. The possibility of attributing the normative legal act of the Prosecutor General of the Russian Federation to the source of military law is substantiated.
Keywords: normative legal act, Prosecutor General of the Russian Federation, bodies of the military prosecutor's office, source of military law.
4. An order as a means of controlling influence for a serviceman and for a civilian employee.
Glukhov E.A., Military University of the Ministry of Defense of Russia, Candidate of Legal Sciences, opklex@mail.ru
Abstract: the article compares the impact of the order of the head to the subordinate, depending on the presence or absence of the former status of a serviceman. The analysis reveals the degree of compliance and manageability, the nature of issues regulated by regulatory orders in military and non-military organizations.
Keywords: order, management, job responsibilities, labor function, freedom of labor, soldier, oral order, performance.
5. On new legal grounds for reimbursement by former military personnel of federal budget expenditures spent on their military (special) training.
Manannikov D.Yu., PhD in Law, opklex@mail.ru
Annotation. The article discusses the provisions of the Federal Law of April 30, 2021 No. 130 "On Amendments to the Federal Law" On Military Duty and Military Service ", which expanded the list of grounds for early dismissal of military personnel doing military service under a contract, from military service, establishing compulsory reimbursement of expenses spent on their military or special training.
Based on the results of the legal analysis, a conclusion was made about the validity of the changes made to ensure the formation of a unified approach when solving the issue of collecting federal budget funds from former military personnel, which will have a positive effect on the prestige of military service.
Key words: serviceman, grounds for early dismissal from military service, military and special training, reimbursement of federal budget funds.
6. On the correlation of norms on the material responsibility of servicemen and on military duty and military service in the performance of military service duties by military personnel.
Kalashnikov V.V., Candidate of legal sciences, associate professor, colonel of justice, head of the department of military legal training of the military training center at the FGBOY BO «Russian state university of justice», opklex@mail.ru
Naumov P.Yu., Candidate of pedagogy, major of justice, assistant to the head FGKYZ «Center for military medical expertise of the national guard troops of the Russian Federation» for legal work, opklex@mail.ru
Zalepukin R.V., Candidate of legal sciences, associate professor, deputy director of the institute of law and national security for research, FGBOY BO «Tambov state university named after G.R. Derzhavin», opklex@mail.ru
Annotation. The article examines the correlation between the norms of law on the material responsibility of servicemen and on military duty and military service in the performance of military service duties by military personnel. The authors analyze the provisions of regulatory legal acts and judicial practice on this issue and come to the conclusion that the existing legal structure for determining the cases in which a soldier is considered to be performing the duties of military service and taking them into account when bringing a serviceman to material liability has signs of legal uncertainty and complicates their practical application.
Key words: servicemen; legal responsibility; material liability; solidarity; Justice; social functions.
7. Prospects for the implementation by Rosgvardiya employees of the grounds for exemption from administrative liability in the case of voluntary surrender of civilian weapons.
Faiskhanov R.R., graduate student of the Department of Administrative and Municipal Law of the Saratov State Law Academy, opklex@mail.ru
Abstract: the introduction of the institution of exemption from administrative responsibility for committing offenses in the field of arms trafficking in the case of voluntary surrender of civilian weapons, the main parts of weapons and ammunition for them, is due to the achievement of the goals of reducing the number of weapons in illegal circulation and eliminating gaps in the long-term regulation of the area under consideration, which generally indicates the relevance of the chosen topic.
Keywords: arms trafficking, draft Administrative Code of the Russian Federation, exemption from administrative responsibility, voluntary surrender of civilian weapons.
8. On the seizure of bank accounts and collection money due by seizure of cash on bank accounts of the participants in the savings and mortgage system of housing provision for servicemen.
Svininyh E.A., doctor of legal sciences, associate professor of the department of civil law, opklex@mail.ru
Abstract. The author of the article described the negative effect of the existing practice of seizure of bank accounts of participants in the savings and mortgage system of housing provision for servicemen. The author critically assesses the position of the federal state official institute "Federal Directorate of the Cumulative Mortgage System of the Housing Provision for Military Personnel" on this issue. Possible solutions to the problem are described. The author reveals the proposals of the Ministry of Defense of the Russian Federation to change the legislation in order to include certain types of servicemen’ income related to the savings and mortgage system of housing provision for servicemen into the legal list of income that cannot be foreclosed on.
Key words: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; mortgage; home loan; credit contract; seizure of bank account; collection money due by seizure of cash on bank account.
9. Monetary allowances of military personnel and military pensions: criteria for determining the optimal size.
Koryakin V.M., Doctor of Law, Professor, Head of the Department "Civil Law, Private International Law and Civil Procedure" of the Russian University of Transport (RUT (MIT)), Professor of the Military University, opklex@mail.ru
Annotation. The article discusses the main criteria for determining the optimal amount of monetary allowance. The shortcomings of the current legal regulation and law enforcement practice in the field of monetary allowances and military pension provision are shown. Some proposals for improving the criteria for increasing the monetary allowance and military pensions are substantiated. In particular, it is proposed to use the institute of the minimum wage for this purpose.
Keywords: monetary allowance of military personnel; military pensions; military-social law; minimum wage; inflation; indexation.
10. On the jurisprudence of the military courts in the resolution of causes related to the provision of military personnel with monetary allowances.
Kharitonov S.S., Candidate of Legal Sciences, Professor, Colonel of Justice, opklex@mail.ru
Malakhanov A.V., lawyer, lieutenant colonel of the reserve, opklex@mail.ru
Annotation. The article provides an analysis of court decisions on the resolution of disputes in relation to monetary allowances and individual payments to servicemen. The need for a common understanding and interpretation of legal regulations in this area of military-administrative relations is shown.
Key words: military courts, judicial practice, salaries of servicemen, payments to servicemen.
11. The imperfection of realization of the right to education to civilian specialty.
Zhabrovskiy R.A., lawyer, opklex@mail.ru
Annotation. In this article the author analyzes the legislation of the Russian Federation in the sphere of education in the event of dismissal from military service. The author concludes that a certain category of military personnel is deprived of the right to receive a civilian specialty upon dismissal from military service, and retraining after dismissal is inconvenient for citizens. The author suggests ways to solve the identified problems by making changes to the legislation.
Key words: civilian specialty, professional retraining, military man, military service.
12. Providing military personnel with sabbatical leave: regulatory issues.
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 Legal Sciences, opklex@mail.ru
Annotation. The article deals with problematic issues of legal regulation of the procedure and grounds for granting military personnel undergoing military service under a contract, creative vacations to complete work on dissertation research. The author suggests ways to resolve the identified shortcomings.
Key words: military personnel, academic degree, academic council, sabbatical, recommendation.
13. Military clergy in the context of the Russian Constitution and the new National Security Strategy of Russia. Part 1.
Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru
Annotation. The article briefly discusses and analyzes certain problems of improving legal work in the field of state-church relations when recreating the institution of military clergy in the military, taking into account the significant changes that have occurred in the Constitution of Russia and the new National Security Strategy of Russia, and also taking into account the institutions of religious associations, possible ways of solving them are proposed.
Keywords: legal work, morale, the right of military personnel to freedom of religion, military clergy, Constitution, Strategy, historical memory, continuity, ideals, faith in God, spiritual and moral values.