THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4
1. The "structural skeleton" of the military law branch (on the question of sub-branches of military law).
Kudashkin A.V., Doctor of Law, Professor, firstname.lastname@example.org
Abstract. The study of military law as an independent branch of the Russian legal system inevitably leads to the stage of studying the structure of military law, which is understood as its internal form, consisting of individual elements (sub-branches and legal institutions), ordering the connections and relations between them, collectively constituting the integrity of the industry. Military law has its own inherent structure, consisting of interacting structural elements that together form an independent branch of Russian law.
Keywords: military law, branch of law, sub-branches of military law, law of armed conflicts, military-criminal law, military-social law, international humanitarian law.
2. Received by military personnel and federal government civil servants Ministry of Defense of the Russian Federation permits to participate in the management of non-profit organizations: changes in legal regulation.
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, email@example.com
Annotation. The article discusses the new legal regulation of the procedure for obtaining military personnel and federal state civil servants of the Ministry of Defense of the Russian Federation permission to participate on a gratuitous basis in the management of a non-profit organization. Changes in the legal regulation of the relations under consideration are proposed in order to improve the anti-corruption legislation.
Key words: military, civil servant, non-profit organization, management, prohibition, conflict of interest.
3. Some issues of indexation of payments to compensate for harm caused to the health of a serviceman.
Kirichenko N. S., adjunct of the Military University of the Ministry of defense of the Russian Federation, firstname.lastname@example.org
Abstract. The article deals with the issues that arise in the process of making monthly payments to military personnel, including those dismissed from military service, to compensate for damage caused to health in the performance of their military service duties, indexation of such payments, as well as in the process of interaction of military units (organizations) with the Federal Treasury bodies in the implementation of such payments.
Key words: personal injury compensation, military personnel, payments, treasury, suspension of account operations.
4. Implementation of measures of legal and social protection of servicemen, citizens dismissed from military service, and members of their families: on the problem of normative legal regulation of the duties of federal courts of general jurisdiction.
Bolshakova V.M., Candidate of Legal Sciences, Associate Professor, Associate Professor of the Department of Constitutional and Administrative Law of the Nizhny Novgorod Institute of Management - a branch of the Federal State Budgetary Educational Institution of Higher Education "Russian Academy of National Economy and Public Administration under the President of the Russian Federation ", email@example.com
Naumov P.Yu., Candidate of Pedagogical Sciences, Assistant to the Head of the Federal State Budgetary Institution "Center for Military Medical Expertise of the Troops of the National Guard of the Russian Federation" for legal work, firstname.lastname@example.org
Engibaryan G.V., Officer of the Department of the Treaty and Legal Department of the Federal Service of the National Guard Troops of the Russian Federation, email@example.com
Laptev A.A., Candidate of Pedagogical Sciences, Lecturer of the Department of Constitutional and Administrative Law Federal State Educational Institution of Higher Education «Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of the troops of the National Guard of the Russian Federation», firstname.lastname@example.org
Annotation. In the article, on the basis of a comprehensive method of scientific research, the problem of imposing the responsibility for the implementation of measures of legal and social protection of servicemen, citizens discharged from military service, and their family members on federal courts of general jurisdiction is considered. Based on this, the provisions governing the activities of the courts are studied, as well as with the fact that the courts of general jurisdiction are for state bodies and what powers they exercise in the framework of legal proceedings. It is established to what extent federal courts of general jurisdiction are responsible for the implementation of measures of legal and social protection of servicemen, citizens dismissed from military service, and members of their families, as well as the fact that the courts in which a criminal case is being processed are obliged to provide servicemen with legal help.
Key words: servicemen; social guarantees; the status of military personnel; federal courts of general jurisdiction.
5. Regulatory and legal bases of legal and social protection of military personnel (employees) of the 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, Candidate of Legal Sciences, Associate Professor, email@example.com
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, firstname.lastname@example.org
Abstract: The authors note that at the present stage of socio-political and socio-economic development of Russia, increasing demand for formation of effective system of social and legal protection of servicemen, due to the increase of prestige of military service (service) and the optimization of the process of social reproduction of soldiers and employees.
Keywords: social protection; military personnel and employees.
6. On the cancellation of the registration record on the mortgage of the real estate object purchased under 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, email@example.com
Abstract. The author of the article described the legal meaning of the mortgage registration record on the mortgage of a real estate object purchased under the savings and mortgage system of housing provision for servicemen. The prescribed procedure for cancellation of the mortgage registration record is analyzed in detail. Special attention is paid to the cancellation of the registration record on the mortgage of a real estate object purchased at the expense of borrowed funds by military personnel who were mistakenly included in the register of participants of the savings and mortgage system of housing provision for servicemen. The author also considers the legal consequences of transfer of the mortgage subject in the absence of the written consent of the mortgagee.
Key words: serviceman; housing provision; savings and mortgage system of housing provision for servicemen; mortgage; home loan; credit contract.
7. On some controversial issues of military judicial practice in criminal cases.
Kharitonov S.S., candidate of legal sciences, professor, firstname.lastname@example.org
Smirnov D.V., candidate of legal sciences, email@example.com
Resume: The article describes the decisions on specific criminal cases made by military courts, which serve as an exemplary model for interpreting the norms of the law. The importance of judicial practice as a condition for comprehending the content and meaning of legal norms is shown. The need to comply with the criminal law on an individual approach to sentencing is noted
Key words: judicial practice of military courts, criminal responsibility of military personnel.
8. Current issues of qualification of violations of the rules of handling weapons and objects that pose an increased danger to others (Article 349 of the Criminal Code of the Russian Federation).
Eermolovich Ya.N., Doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation», firstname.lastname@example.org
Abstract. The article deals with the problematic issues of qualification of violations of the rules of handling weapons and objects that pose an increased danger to others, and suggests ways to solve the identified contradictions of the current legislation and the practice of its application.
Keywords: criminal liability, military-criminal legislation, crimes against military service, military personnel, criminal law, military law, weapons, violation of the rules for handling weapons and objects that pose an increased danger to others.
9. Delimitation of violations of the rules for the maintenance of public order and ensuring public safety from other crimes against military service and disciplinary offenses.
Popov A. A., adjunct of the Department of criminal law of the Military University, email@example.com
Annotation. The article examines the issues of qualification of crimes related to violation of the rules of service for the protection of public order and ensuring public safety and their delimitation from other crimes against military service and disciplinary offenses committed by military personnel of the National Guard troops, offers some recommendations for their qualification.
Key words: troops of the national guard, protection of public order and public safety, qualification of crimes, criminal liability of military personnel.
10. Disobedience to the lawful order of an official of the Russian Guard as an offense that encroaches on the foundations of government in the state, law and order and public safety.
Nazarova I.S., Head of the Department of Constitutional and Administrative Law of the University, Candidate of Law, Associate Professor, firstname.lastname@example.org
Abstract. The article describes the characteristics of the elements of an administrative offense under article 19.3 of the administrative code establishing administrative liability for disobeying a lawful order, the officers of Regardie. It is concluded that the party of public action for violation of the established procedure of organization or holding of a public event set part 3 of article 6 of the Federal law "On assemblies, rallies, demonstrations, processions and picketing" is subject to administrative liability under part 5 of article 20.2 of the administrative code, and in case of failure, they turned to the legitimate demands of the officers of Regardie on the termination of illegal actions, including participation in the unauthorized event, by part 1 of article 19.3 of the administrative code.
Key words: official, Rosguard, disobedience to a legal order, offense.
11. Practice of the Supreme Court in cases of challenging the issuance of reference of evader's reference.
Sokolov Y.O., lower, Rostov-on-Don, email@example.com
Abstract.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.
12. Ensuring by military courts of the implementation of the constitutional principles of justice in wartime.
Titov V.V., legal adviser to the military unit, lieutenant colonel of justice (retired), firstname.lastname@example.org
Abstract.The article deals with some topical issues of ensuring the implementation of constitutional principles of justice by military courts in wartime.
Key words: military courts, justice, principles of judicial procedure, wartime.