THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. The status of persons in respect of whom the norms of the Federal Law "On the Status of Military Personnel" apply needs to be clarified and improved.
Koryakin V.M., Doctor of Law, Professor, Professor of the Department "Theory of Law, Civil Law and Civil Procedure of the Russian University of Transport; Professor of the 25th Department of the Prince Alexander Nevsky Military University of the Ministry of Defense of Russia, opklex@mail.ru
Annotation. The article deals with problematic issues of legal regulation of the status of persons subject to the norms of the Federal Law "On the Status of Military personnel". It is shown that the circle of these persons tends to expand. Compared with the original version of this law (after 1998), reservists, members of volunteer formations, mobilized citizens are among such persons. The existing gaps and contradictions in the regulation of the status of these persons have been identified, some proposals have been formulated to improve the norms of the Law on the Status of Military Personnel.
Keywords: status of military personnel; citizens discharged from military service; family members of military personnel; reservists; military personnel undergoing military service on mobilization; citizens staying in volunteer formations; special military operation.
2. Martial law as a legal instrument for ensuring the security of a person, society and the state.
Grishchenko L.L., Doctor of Law, Candidate of Military Sciences, Professor, Professor of the Department of Management of Internal Affairs Bodies in Special Conditions of the Central School of Economics, Academy of Management of the Ministry of Internal Affairs of Russia, opklex@mail.ru
Abstract: this article analyzes modern threats to the security of Russia and provides recommendations on a wide range of issues of development of organizational and legal bodies of the activities of public authorities in the initiation of preliminary provisions. The analysis made by the author of the last important aspects of the President of the Russian Federation in the field of implementing measures in the field of adopting protective provisions allows us to assert that they do not consider the already existing legal framework and have developed organizational aspects in theory, in relation to the current situation, they are not sufficient. The author draws attention to the key issues that should be reflected in the preparation and adoption of state regulations and in the process of preparing the state for possible aggression against the Russian Federation.
Keywords: war, martial law, maximum response level, medium response level, high alert level, basic alert level.
3. On the operation of the norms of international law on armed conflicts: the domestic aspect.
Kudashkin A.V., Head of the Military Law Department of the Academy of Military Sciences, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Annotation. Armed conflict is traditionally an object of regulation and research of international law. The prevailing view is that such legal relations are reduced to international humanitarian law (the law of armed conflicts), which is a branch of public international law. At the same time, based on the concrete historical conditions of the development of the state in its system of law, an independent area of legal relations arising from the preparation and conduct of armed struggle can be formed, which is regulated by the norms of national law that are part of the internal legal system of this state. Russia is no exception, and it is quite obvious that in military law, which is an independent branch of the Russian legal system, a sub-branch of the law of armed conflicts has been formed under the influence of a number of conditions.
Keywords: international humanitarian law, military law, law of armed conflicts, subject and method of legal regulation, sub-branch of law, sources of law of armed conflicts.
4. About the concept of "permission to use weapons".
Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru
S.L. Bogdanov, lawyer, opklex@mail.ru
Abstract: in the theory and practice of Military law, and as in other sciences, the theoretical disclosure of various concepts is of no small importance. This article discusses the content of such a concept as permission to use weapons, military and special equipment and military-technical property.
Keywords: armament, military equipment, military property, supply, military supply, acceptance for supply, acceptance for service.
5. On the issue of consideration by military courts of cases of administrative offenses committed by military personnel.
Rakov A.V., candidate of legal sciences, opklex@mail.ru
Kharitonov S.S., candidate of legal sciences, professor, opklex@mail.ru
Annotation: the article presents the current military judicial practice based on materials on administrative offenses committed by military personnel.
Key words: military court, serviceman, administrative offense
6. On the legal approach of the Constitutional Court and the Supreme Court of the Russian Federation to the issue of "medicinal" intoxication of military personnel and law enforcement officers.
Kainov V.I., Doctor of Law, Professor, Professor of the Department of State and Legal Disciplines of the North-Western Branch of the Russian State University of Justice, opklex@mail.ru
Nazarova I.S., candidate of legal sciences, associate professor, Head of the Department of Constitutional and Administrative Law of the Faculty (Command) of the St. Petersburg Military Order of Zhukov, Institute of the National Guard Troops of the Russian Federation, opklex@mail.ru
Shenshin V.M., candidate of legal sciences, associate professor, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: The presented study examines the procedure for calculating the term of administrative detention of intoxicated citizens, including military personnel and law enforcement officers, which is recognized as inconsistent with the Constitution of the Russian Federation. Attention is focused on bringing to administrative responsibility for driving in a state of "medicinal" intoxication.
Keywords: Constitutional Court of the Russian Federation; Supreme Court of the Russian Federation; Ministry of Internal Affairs of Russia; intoxication; military personnel; employees.
7. The system of legal work in the troops of the National Guard of the Russian Federation.
Polunin S.V., Head of the Department of Constitutional and Administrative Law, Novosibirsk Military Order of Zhukov Institute named after General of the Army I.K. Yakovlev of the National Guard of the Russian Federation, сolonel of justice, opklex@mail.ru
Annotation: The article examines the norms of Instruction on legal work in the troops of the National Guard of the Russian Federation. The conceptual and categorical apparatus is subjected to critical analysis. On the basis of theoretical and legal and structural and functional analyses of the legal norms contained in the Manual on Legal Work, a number of conclusions were drawn that are of certain theoretical and practical interest.
Key words: military organization, National Guard troops, legal support, legal work, legal units, management bodies, officials, commanders (chiefs).
8. Actual problems of judicial activity: the history of one case.
Zaikov D.E., Associate Professor of the Department of Theory of Law, Civil Law, Civil Procedure, Law Institute of the Russian University of Transport, Associate Professor, PhD in Law, opklex@mail.ru
Annotation. In the article, the author analyzes the shortcomings of the modern judicial system by the example of consideration by courts of general jurisdiction of a labor dispute between employees and an employer – a military unit.
Key words: the right to judicial protection, court, military unit, employee, remuneration.
9. The procedure for making payments to servicemen undergoing military service under a contract, bonuses for special achievements in the service (surcharge for performing a sports category) in cases of meeting the standards in the previous year and issuing a corresponding order of a sports organization in the current year.
Krasikov S.S., lawyer, opklex@mail.ru
Annotation: At present, the system of rewarding military personnel who have achieved high results in their service activities is successfully operating in the armed forces of the Russian Federation. In order to comprehensively stimulate military personnel to improve their professional skills, they are given additional cash payments depending on the results achieved. However, as judicial practice shows, acts of inspections of financial inspections of military units are currently experiencing difficulties with the application of the norms of legislation on the payment of appropriate allowances.
This article discusses the issue of the procedure for paying bonuses to servicemen undergoing military service under a contract for special achievements in the service. The necessity of specifying the provisions of legal acts regulating the production of payments is substantiated. The author analyzes the legal provisions on the right of military personnel to establish bonuses for special (sports) achievements.
Keywords: allowance for special achievements in the service, performance of a sports category, incentive measures, wages, physical training.
10. International criminal law and war crimes in the Criminal Code of the Russian Federation: theory of law and comparative analysis for the qualification of crimes.
Kudashkin A.V., Doctor of Law, Professor, Honored Lawyer of the Russian Federation, opklex@mail.ru
Melnik N.N., expert in the field of international and military law of the USA, European countries, PhD, USA, opklex@mail.ru
Annotation. The article examines the theoretical foundations of the institute of international war crimes and their qualification, taking into account the norms of international humanitarian law and their implementation in the criminal legislation of the Russian Federation
Keywords: military law, military criminal law, international criminal law, war crimes, qualification, international humanitarian law.
11. To the system of norms on housing provision for servicemen: a look through military court decisions.
Kharitonov S.S., Colonel of Justice of the Reserve, candidate of legal sciences, professor, opklex@mail.ru
Mironov V.S., candidate of legal sciences, head of the educational department-Deputy Head of the Department of Military Legal Training of the Military Training Center at the Russian State University of Justice, opklex@mail.ru
Annotation: The article presents the argumentation and results of appeal hearings in cases in the field of housing for military personnel. This makes it possible to conduct a critical analysis of the norms on the housing provision of servicemen.
Key words: military courts, judicial practice, housing for military personnel, registration as those in need of housing.
12. Constitutional and legal procedures for dismissal from military service: comparative analysis of foreign legislation (beginning).
Kogut V.G., candidate of political sciences, Deputy Secretary General of the IPA CIS Council - Plenipotentiary Representative of the National Assembly of the Republic of Belarus, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Abstract: An important aspect of serving in the armed forces is the moment of dismissal. The grounds, the procedure, and most importantly, the consequences of dismissal are of absolute importance. The significance of this stage of service activity is due to the fact that it marks a qualitative change in status, expressed in the loss of signs that determine the specifics of the legal status of a serviceman. It depends on the quality of legal regulation of the grounds, procedure and consequences of dismissal from military service to what extent the transition of a serviceman to a new status will be painless and will allow him to adapt to the conditions of "civilian" life.
Keywords: dismissal from military service; military legislation.
13. Commercial concession: concept and legal framework.
Kirichenko N.S., lawyer, Candidate of Legal Sciences, opklex@mail.ru
Alexandrova N.G., Candidate of Law, Associate Professor of the Department of Personnel, Legal and Psychological Support of the Academy of the State Fire Service of the Ministry of Emergency Situations of Russia of the Russian Federation, opklex@mail.ru
Bogdanov S.L., lawyer, opklex@mail.ru
Abstract: the article discusses the concept, legal foundations and examples of legal relations related to a commercial concession implemented by military organizations.
Keywords: concession, commercial concession, franchise, military unit, civil contracts.
14. On the issue of certification of individuals for the right to design fire safety equipment.
Shenshin V.M., candidate of legal sciences, associate professor, Associate Professor of the Department of Theory and History of State and Law, St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia. Hero of the Russian Federation General of the Army E.N. Zinicheva, opklex@mail.ru
Semenova U.S., Inspector of the Department of Regulatory and Technical Department of Supervisory Activities and Preventive Work Main Directorate of EMERCOM of Russia for the Republic of Crimea, opklex@mail.ru
Abstract: In the presented study, the authors address the issue of certification of individuals for the right to design fire safety equipment, as well as the certification of experts to confirm the conformity of products with fire safety requirements.
Keywords: certification of individuals; vehicle design; fire safety; EMERCOM of Russia.