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


  ISSUE CONTENTS:  

 

1. Prohibitions, restrictions and duties imposed on military personnel, employees of the National Guard of the Russian Federation, in connection with the passage of military service and service in the National Guard troops.

Faiskhanov R.R., Postgraduate student of the Department of Administrative and Municipal Law of the Saratov State Law Academy, opklex@mail.ru

Shenshin V.M., Associate Professor of the Department of Theory and History of State and LawSt. Petersburg University State Fire Service EMERCOM of Russia, Candidate of Legal Sciences, 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 Emergency Situations of Russia, candidate of pedagogical sciences, opklex@mail.ru

Abstract. Prohibitions, restrictions and duties imposed on military personnel, employees of the National Guard of the Russian Federation, in connection with their military service and service in the National Guard of the Russian Federation (hereinafter referred to as the National Guard troops) are an element of the legal status of a military serviceman (employee). The characteristic of this element is intended to ensure a sufficiently high moral character of the serviceman (employee) and the freedom of his actions within the limits of the powers granted, preventing possible abuses and manifestations of corruption. The article describes the features of prohibitions, restrictions and duties imposed on military personnel (employees) of the National Guard troops, in connection with their military service (service) in the National Guard troops. The researchers point out the need for a comprehensive study of the legal features of the application of prohibitions, restrictions and duties imposed on military personnel (employees) of the National Guard troops.

Keywords: prohibitions, restrictions, duties, legal status, military personnel, employees, Ros Guard.

 

2. Procedural features of bringing military personnel to disciplinary responsibility for committing administrative offenses.

Churyaev A.V., Candidate of Legal Sciences, employee of the Academy of the Federal Security Service of Russia, opklex@mail.ru

Fominova E.M., Candidate of Legal Sciences, employee of the Academy of the Federal Security Service of Russia, opklex@mail.ru

Abstract. The article analyzes the problem of ambiguous interpretation of the provisions of the Code of Administrative Offences of the Russian Federation at the stage of initiation of proceedings against a soldier on the fact of a gross disciplinary offense related to the commission of an administrative offense.

Keywords: soldier, administrative responsibility, gross disciplinary offense, disciplinary responsibility.

 

3. Administrative procedural actions in the activities of officials of border authorities in the conduct of an administrative investigation in cases of administrative offenses.

Zakharov P.A., employee of the center of research of problems Russian Law Equitas, opklex@mail.ru

Annotation. In this article, based on the analysis of various theoretical and legal sources and individual judicial acts, an attempt is made to clarify the conditions for diagnosing an administrative investigation in the activities of officials of border agencies in the implementation of proceedings in cases of administrative offenses.

Key words: Administrative procedural action, a measure of ensuring the proceedings in a case of an administrative offense, administrative investigation, border authorities.

 

4. "Saving the people in uniform" as a key goal of military-social law and military-social policy of the Russian Federation.

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 considers the correlation of the concepts of "military-social law" and "military-social policy", shows the role and place of the social component of military construction in the general system of ensuring the country's defense and military security of the state. The opinion is expressed about the underestimation of the social factor in the field of military activity, the possible negative consequences of the situation are shown, when in the field of military construction today a clear priority is given to the technical component, equipping troops with modern weapons and military technicians, and social security of people who produce, service and use these technical means is given a secondary role. The necessity of developing a federal target program "Social security of military construction in the Russian Federation for the period up to 2030" is substantiated.

Keywords: military law; military-social law; military-social policy; social security of military construction; social and legal protection.

 

5. Pension provision for military personnel during the period of the Provisional Government and the formation of Soviet power (1917-1919).

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

Abstract. The article deals with the issues of legal regulation of pension provision for military personnel of the Russian Army and Navy during the period of the Provisional Government (1917), as well as military personnel of the Workers 'and Peasants' Red Army and the Workers 'and Peasants' Red Fleet in the period from 1917 to 1919.

Keywords: Pension provision for military personnel and members of their families, the Provisional Government, military conscripts, the Workers 'and Peasants' Red Army, Decrees of the Soviet Government

 

6. Modern military criminal law in the legal system: institutionalization problems.

Sharapov S.N., Colonel of Justice of the Reserve, Candidate of Legal Sciences, Associate Professor, Professor of the Department of Criminal Law of the Military University, opklex@mail.ru

Resume: The article examines a number of topical problems in the field of military criminal law: the history of military criminal law and its significance for the development of military legal science; military criminal law in the system of modern domestic law; the ratio of military criminal law and military law, military criminal law in the theory of criminal and military law.

Keywords: military criminal law, military criminal legislation, system of law, branch of law, sub-branch of law, institution of law

 

7. Qualification of bribery (resolution of disputable points of criminal-legal qualification by military courts).

Smirnov D. V., Candidate of Legal Sciences, Senior lecturer of the Department of Criminal Law of the Military University of the Ministry of Defense of the Russian Federation, opklex@mail.ru

Abstract. The article briefly examines some issues of the qualification of bribery using examples of judicial practice. The author analyzes the judicial practice related to the differentiation of bribery from other official crimes. The article considers the practical aspects of the qualification of bribery for illegal actions (inaction).

Keywords: bribery, corruption crimes, military courts.

 

8. On some issues of determining the boundaries of the balance sheet and calculations on accounting devices when concluding state contracts for the supply of utilities with a military unit (on the example of a state electricity supply contract).

Vlakh E.G., Head of the Contract work group of a state institution, opklex@mail.ru

Abstract. The article analyzes the concept, legal bases and problems of determining the boundaries of balance ownership and calculations by accounting devices when concluding a state power supply contract with a military unit.

Keywords: power supply contract, limits of balance ownership and operational responsibility of electric networks, ownerless networks, calculation procedure for accounting devices, judicial practice.

 

9. On the registration of servicemen as needy in obtaining living quarters: current trends military judicial practice

Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru

Mironov V.S., candidate of legal sciences, head of the educational unit -

Deputy Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, opklex@mail.ru

Resume. The article with reference to court decisions of military courts in the field of registration of servicemen as needing residential premises shows the legal approaches to resolving disputes in this area.

Key words: military courts, judicial practice, housing for military personnel, registration as those in need of housing.

 

10. On the problem of the organizational and legal foundations for determining the structure of the military clergy in modern Russia. Part 2.

Ovcharov O.A., candidate of legal Sciences, opklex@mail.ru

Resume. The article briefly examines and analyzes individual problems of improving legal work in the field of state-church relations when restoring the institution of military clergy in the troops, when forming its organizational structure in accordance with the requirements of state legislation and the regulations of religious associations, and suggests possible ways to solve them.

Key words: legal work, morale, servicemen's right to freedom of religion, military clergy, military service.