THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3
ISSUE CONTENTS:
1. Ensuring the rule of law by the military police of the Armed Forces of the Russian Federation as the main element of the content of law enforcement activities.
Mintyagov S.A., Major of Justice, Head of the Training Unit - Deputy Head of the Military Training Center at the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), opklex@mail.ru
Abstract. The article analyzes the law enforcement functions of the military police of the Armed Forces of the Russian Federation, on the basis of which the author has developed scientific ideas about its essence and content. This activity has law-enforcement nature, is carried out within the competence granted to the military police, in order to protect the life and health, rights and freedoms of servicemen, civilian personnel, to maintain military law and order and discipline, as well as the safety of military property from illegal encroachments by applying to offenders measures of legal action. At that, it is important that the law-enforcement functions of the military police should be of paramount importance in relation to others.
Besides the implemented classification of military police functions on law enforcement as a basis of law enforcement activity will allow more effective use of received knowledge in educational process at studying of bases of activity of the structure.
Key words: military police; legality; functions; law enforcement activity.
2. Some issues of material responsibility of military personnel of military units performing tasks for the protection of important state objects.
Kirichenko N.S., adjunct of the Military University of the Ministry of defense of the Russian Federation, opklex@mail.ru
Alexandrova N.G., candidate of legal Sciences, associate Professor of the Department of military law of the Military University of the Ministry of defense of the Russian Federation, opklex@mail.ru
Ivanov V. U., candidate of law, senior lecturer at the Department of military administration, administrative and financial law of the Military University of the Ministry of defense of the Russian Federation, opklex@mail.ru
Abstract. The article is devoted to some issues of bringing to financial responsibility military personnel of military units of the National Guard of the Russian Federation, performing tasks for the protection of important state objects.
Key words: military service, financial responsibility of military personnel, material damage, service and combat task.
3. Regulatory legal regulation of the obligation of medical organizations of the n national guard Russia troops to inform citizens about receiving medical care within the framework of state guarantees programs.
Bolshakova V.M., opklex@mail.ru
Naumov P.Yu., opklex@mail.ru
Engibaryan G.V., opklex@mail.ru
Abstract. Based on a comprehensive method of scientific research, the article examines the legal regulation of the obligation of medical organizations of the National Guard of the Russian Federation to inform citizens about the possibility of receiving medical care within the framework of the program of state guarantees of free provision of medical care to citizens and territorial programs of state guarantees of free provision of medical care to citizens. It is noted that when the supervisory authorities check the fulfillment of this obligation, it requires taking into account the specifics of the activities of medical organizations providing medical assistance to persons who are not insured in the compulsory health insurance system. With reference to law enforcement practice, it is indicated that judicial acts that have entered into legal force established that the medical organization of the National Guard troops of the Russian Federation has no obligation to inform citizens about receiving medical care within the framework of the program of state guarantees of free provision of medical care to citizens and territorial programs of state guarantees of free provision of medical care to citizens, provided for in paragraph 3 of part 1 of article 79 of the Federal Law of 21 November 2011 № 323-FZ «On the basics of protecting the health of citizens in the Russian Federation».
Key words: medical care; compulsory health insurance; medical organization; responsibilities of medical organizations; informing about the program of state guarantees.
4. Some features of social protection of military personnel and employees of the National Guard of the Russian Federation.
Abstract: The article discusses some features of social protection of military personnel and employees of the National Guard of the Russian Federation.
Key words: social protection; National Guard troops.
Shenshin V.M., Associate Professor of the Department of Theory and History of State and Law St. Petersburg University State Fire Service EMERCOM of Russia, PhD in Law, Associate Professor, opklex@mail.ru
Shenshina L.A., Associate Professor of the Department of Pedagogy and Psychology of Extreme Situations of the St. Petersburg University of the State Fire Service of the Ministry of Emergencies of Russia, candidate of pedagogical sciences, opklex@mail.ru
5. Anti-corruption clause in the state contract as a means of preventing corruption in the procurement of goods, works and services for the needs of military organizations.
Ivanov R.V., Candidate of the 25th Department of the Military University, opklex@mail.ru
Trubitsyna W.A., Post-graduate student of the Law Institute of the Russian University of Transport, opklex@mail.ru
Annotation. The article analyzes the concept of "anti-corruption clause", which is a condition of a civil contract, according to which the parties undertake not to commit acts of corruption in the performance of contractual obligations, and to inform each other about all corruption risks arising in the performance of the contract. The possibility and necessity of using this means of preventing corruption in relations under a state contract for the supply of goods, performance of works, and provision of services for the needs of military organizations are evaluated.
Keywords: anti-corruption clause; anti-corruption; state contract; procurement of goods, works and services for the needs of military organizations.
6. Problems of legal regulation of the military police of the Armed Forces of the Russian Federation Problems of legal regulation of the military police of the Armed Forces of the Russian Federation.
Ermolovich Y.N., Professor at the Department of Criminal Law and Criminology Federal State Educational Institution of Higher Education "Moscow Academy Investigative Committee of the Russian Federation ", Doctor of Law, Associate Professor, opklex@mail.ru
Annotation. The article analyzes the military, criminal and criminal procedure legislation regulating the activities of the military police of the Armed Forces of the Russian Federation, identifies problems and contradictions in the current legislation, and suggests ways to solve them.
Keywords: military police, investigation, criminal law, military criminal legislation, military law, criminal procedure legislation, legal status, state enforcement measures, operational search activities.
7. Criminal liability for illegal trafficking of weapons, its main parts, ammunition, explosives and explosive devices: not any change for the best.
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Sharapov S.N., Candidate of Legal Sciences, Associate Professor, opklex@mail.ru
Resume. The article examines the current trends in the change of criminal legislation in terms of liability for illegal circulation of weapons, ammunition, explosives, explosive devices and other substances and items that pose an increased danger. The need to take into account the results of scientific research in the field of criminal law regulation of liability for illegal circulation of weapons, ammunition, explosives and explosive devices is argued.
Keywords: Criminal liability, illegal traffic, weapons, ammunition, explosives, explosive devices, other substances and items that pose an increased danger.
8. The serviceman as a subject of fraud with a housing certificate or a military mortgage: the qualification of the act and the trends of sentencing.
Kapitonova Y. A., PhD (candidate of juridical sciences) associate professor at the criminal law chair of the Law institute of Penza State University, opklex@mail.ru
Resume. As a result of the analysis of the State Automated System «Justice» in the cases of 2019-2020, most common methods of fraud committed by military personnel in the preparation and implementation of the state housing certificate are allocated: distortion of information about family members, the withholding of the information on housing conditions, housing privatization after realization of certificate, malpractice in documents. It was noted that in the mortgage system crimes are mostly illegal tax deduction for the purchase of housing, paid by the participant in NIS, and attempts to obtain compensation for hiring of premises after the adoption of home ownership. The author also analyzes the frequency of various criminal-legal consequences for the accused in cases in this area, and concludes that there is a tendency to reduce the responsibility of military personnel.
Keywords: liability of military personnel, fraud in the housing sector, state housing certificate, savings and mortgage system, provision of housing for military personnel.
9. Remote (remote) work: problems of application in relation to civilian personnel Armed Forces of the Russian Federation.
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, Ph.D., opklex@mail.ru
Annotation. The article deals with the features of legal regulation and problems of practical application of the institute of remote work in labor relations with the participation of employees of military units (military organizations) Ministry of Defense of the Russian Federation.
Key words: remote work, employees, employer, military unit, idle, stationary workplace.
10. About cancellation of obligatory medical examination of the citizens having the right to a delay or to release from the call-up for military service.
Y.O. Sokolov, lawer, Rostov-on-Don, opklex@mail.ru
Resume. The author gives an overview of Draft Law No. 1056086-7 " On Amending Article 5.1 of the Federal Law "On Military Duty and Military Service". The con-tent of the draft law is analyzed in comparison with the current regulatory framework, the circle of persons who will be affected by possible changes in the legislation is considered.
Keywords: conscription, postponement, exemption from conscription, military department, draft board, medical examination.
11. Implementation of International Humanitarian Law and the Doctrine of Operational Law as a Source of Military Law.
Kudashkin A.V., Doctor of Law, Professor, opklex@mail.ru
N.N. Melnik, Honorary Advocate of Russia, opklex@mail.ru
Abstract: The article deals with the implementation of the provisions of International humanitarian law into national legislation by adopting the doctrines of the operational law of military operations, and provides examples of the application of the doctrine.
Keywords: military law, international humanitarian law, operational law, source of law.
12. Current transformation of military development and state military organization.
Kotliarov I. D., Cand. Sc. (Economics), Associate ProfessorDepartment of Finance, National Research UniversityHigher School of Economics (St. Petersburg), opklex@mail.ru
Abstracts: the goal of the present paper is to analyze the nature of the transformation of state military organization in modern situation and to formulate recommendations concerning military development.
The paper demonstrates that the development of state military organization follows two directions. First, it cooperates with commercial contractors, second, it relies upon other security structures of the state. The paper shows that the cooperation with commercial contractors should be oriented not only towards elimination of auxiliary functions from military activities, but also towards increase of the resource potential of the military organization. This increase should be based on inclusion of resources of commercial contractors and security structures.
The paper shows the structure of the modern military organization. This structure includes four elements classified on the basis of two criteria – type of tasks (military and non-military) and nature of activities (state – non-state).
The modern military organization is a specific networking structure and military development should be oriented towards setting up this structure. This trend of evolution of military organization reflects the transition of the society towards a new technological paradigm
Key words: military organization, private military company, war, military development, digital transformation
13. On the possibility of using outsourcing technology in the organization of office work and archival affairs in military organizations (legal aspect).
Doronina L. A., Candidate of Economic Sciences, Associate Professor, Head of the Department "Legal Support of the Activity and Safety of the Transport Complex" of the Law Institute of the Russian University of Transport (MIIT), opklex@mail.ru
Sandyreva E. V., post-graduate student of the Russian University of Transport RUT (MIIT), opklex@mail.ru
Annotation. The article deals with issues related to the archival processing of documents in military organizations through the conclusion of an outsourcing contract, compares the difference between a contract and an outsourcing contract, identifies legal problems and the specifics of the use of outsourcing in the implementation of office work in military organizations.
Keywords: outsourcing, archival services, record keeping, contract agreement, archive, archive storage, archive storage requirements, storage requirements
14. Questions of the legality of the detention of persons who have committed an offense by military personnel (employees) of the National Guard troops.
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
Summary. Provision to military personnel (employees) The power of the Guard to detain persons who commit offenses is directly related to the grounds for such detention. The absence in the Federal Law "On the Troops of the National Guard of the Russian Federation" of the definition of "suspected of committing a crime", in comparison with other normative legal acts, leaves open the question of the legality of the detention of such persons. In addition, in a number of cases, there are no grounds for detaining persons who control unmanned aerial vehicles over the regime (own) facilities of Rosgvardiya, which does not fully allow to implement the tasks assigned to it. Recommendations for improving the legislation are given.
Key words: national guard troops, suspect, crime, misdemeanor, detention, unmanned aerial vehicle, causing harm during detention.
15. Administrative and power powers of the chairman of the garrison military court: current State and Extraordinary Administrative and Legal regimes.
Tuganov A. Yu., head of the tender activity Department «LLK-INTERNATIONAL LLC», opklex@mail.ru
Abstract: in the article, the author examines the administrative and power powers of the chairman of the garrison military court in relation to judges and employees of the apparatus of the court headed by him. Also, the implementation of the same powers, when performed by the chairman of the garrison military court during extraordinary administrative and legal regimes, is analyzed. The directions of improvement are offered.
Keywords: administrative-legal status, administrative-power powers, chairman of the garrison military court, judge, employee of the military court apparatus, extraordinary administrative and legal regimes.