THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 3


ISSUE CONTENTS:

1. Theory and practice of interaction of bodies of military management and bodies of military Prosecutor's office in combating corruption.
V. M. Koryakin, doctor of legal Sciences, associate Professor, Professor of the Department of military administration, administrative and financial law of the Military University, Korjakinmiit@rambltr.ru; A. N. Podshibyakin, PhD, head of the Department of military administration, administrative and financial law Military University, pan-74@mail.ru
Тhe article reveals the main directions of interaction between the command of military units with military procuratorial bodies in the sphere of corruption counteraction in the Armed Forces, we present suggestions to improve the coordination of anti-corruption activities
Key words: military Prosecutor's office; combating corruption; cooperation; coordination of anti-corruption activities.

2. Topical questions of the participation of the Prosecutor in the court hearings of civil cases for reinstatement at the service of soldiers discharged for corruption disciplinary offences.
Islamova E. R., Saint-Petersburg Law Institute (branch) of Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation», Ph.D. (Law); Golovko I.I., Saint-Petersburg Law Institute (branch) of Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation», Ph.D. (Law), pvs1997@mail.ru
Based on the analysis of anti-corruption legislation, legal literature and judicial practice, this article deals with actual problems of participation of the prosecutor in the court hearings of civil cases for reinstatement at the service of soldiers discharged for corruption disciplinary offences. Highlightened are the problems arising at civil investigations of this category of cases. Attention is drawn to the circumstances that must be evaluated by the prosecutor while preparing for the investigation of the civil case and when providing a conclusion on it.
Key words: military service, disciplinary corruption offences, anti-corruption law, dismissal in connection with loss of confidence, observance of prohibitions and restrictions, the resolution of conflict of interest.

3. Preventive activities of the military police: procedural aspects.
Subanova N.V., Doctor of jurisprudence. Senior adviser of justice. Deputy director of scientific research institute of Academy of the Prosecutor General's Office of the Russian Federation, pvs1997@mail.ru
The modern mission of military police allows to include it in number of important subjects of prevention of offenses. In this regard aspects of preventive activity of military police are of interest concrete procedural (criminal procedure and administrative and procedural). Article is prepared with information support of Union of Right Forces "ConsultantPlus".
Key words: criminal legal proceedings, affairs production about administrative offenses, the military prosecutor, process, powers, legality.

4. Features military medical examination and medical care of female military personnel in the Armed Forces.
Sogiyainen A.A., head of the polyclinic № 14, Federal state institution "Clinical hospital N. N. Burdenko" of the Russian defense Ministry, MD, PhD; Nakhabina Marina Nikolaevna, Deputy head of the polyclinic № 14, Federal state institution "Clinical hospital N. N. Burdenko" of the Russian Ministry of defense for clinical and expert work, pvs1997@mail.ru
This article analyzes the current aspects of medical support female soldiers of the Armed Forces of the Russian Federation. The article describes the features of health care, military medical examination, given a sample contract for WHO-substituted with the cost of medical services provided to female military personnel during pregnancy, during and after childbirth.
Key words: military medical examination, fitness for military service, maternity leave, medical services.

5. The use of weapons, special means and physical force by military personnel when performing their tasks to ensure law and order.
V. M. Korjakin, doctor of legal Sciences, associate Professor, Professor of the Department of military administration, administrative and financial law of the Military University, Korjakinmiit@rambltr.ru
Тhe article presents a comparative legal analysis of the procedure of the use of weapons, special means and physical force by the servicemen of the military police of the Armed Forces, internal troops of the Ministry of internal Affairs of Russia and FSB of Russia when performing tasks on providing of legality and law and order
Key words: law and order; use of weapons; the use of special tools; the use of physical force; military police; internal troops; the bodies of the Federal security service.

6. Payments, guarantees and privileges assigned to the widow of the deceased military pensioners and their family members.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article reveals the peculiarities of the legal status of the widow of the deceased military pensioners and members of his family, which depends primarily on the status of the deceased citizen, who was dismissed from military service, depending on rank, years of service, the grounds of dismissal and the presence of veteran status.
Key words: military pensioner , widow allowance , funeral , monthly payment , pension survivor , a family member, treatment , compensation, travel, social support , guarantees, benefits, benefits.

7. To the question about the concept of “member of the military man family” in housing legal relations.
Pichugin D.G., lecturer of civil law Department of the far Eastern branch of Russian state University of justice candidate of laws, denispichugin@list.ru
In article the content of concept «the member of the military man family» with reference to housing legal relations is analyzed. The author suggests his own approach to identifying members of the military man families eligible for housing in the manner prescribed by the Federal law “About the status of the military personnel”.
Key words: military personnel, family, members of the military man family, housing providing.

8. Topical issues of financial compensation for employment (sublease) premises the military, passing military service under the contract.
Kovtkov D.I., Сandidate of Laws, adviser of the division of the Legal Department of the Ministry of defence of the Russian Federation, adviser of the state civil service of the Russian Federation of the third class; master of the Graduate School of Public Administration (faculty) of Moscow State University named after M.V. Lomonosov, Dimak1982@yandex.ru
The article considers topical issues of payment and termination of payment of monetary compensation for employment (sublease) of residential premises servicemen undergoing military service under the contract.
Key words: serviceman, office accommodation, place of military service, rights and social guarantees, payment of monetary compensation.

9. Cancel (depreciation) of the right to additional living space some categories of military personnel (ex-servicemen).
Glukhov Evgenii Aleksandrovich, senior lecturer, SPmI of internal troops of the MIA of Russia, PhD in law, Colonel of justice, pvs1997@mail.ru
Тhe article presents the example of the refusal of the Russian Federation adopted earlier commitments in the provision of housing to former commanders of military units, military scientists and teachers with regard to the right to additional living space. Analyzes the issues of law, impair the rights of citizens, examines court acts on the matter. The author makes the conclusion about the violation of the principle of equality and justice in the realization of the right of commanders of military units, military scientists and teachers for additional living space depending on the term of provision of housing by the military Department.
Key words: promotion in connection with the performance of their duties, to provide housing to servicemen, the right to additional living space, period of housing, withdrawal of the state from previously accepted obligations, the principle of equality and justice, dismissal from military service, exemption from military posts.

10. Problems of assessment of public danger of the act when qualifying crimes.
Torkunov M.A., Head of the Department of Criminal Law of the Kirov branch of the Presidential RANHiGS, PhD, associate professor; Torkunov A.M., teacher Kirov branch of the Presidential RANHiGS
The article analyzes the problematic issues of an objective assessment of public danger at qualification of crimes committed by officials from the army.
Key words: human rights, public danger, evidence, appeals, criminal penalties.

11. Unfounded returns of recruits from assembly points: causes and consequences.
Y.O. Sokolov, senior assistant on legal working of the chief of the division of the military department in Rostov region in Proletarian and Pervomayskу districts of Rostov-on-Don, 89094322465, Akvilon180028@yandex.ru.
The article discusses about returns from collection points of recruits who must sent into the Armed Forces. This practice is illegal. As result some citizens are disappointed with their constitutional duty to defend the Fatherland.
Key words: conscription, military department, assembly points, failure of the decision of the draft Board, appeal against the inaction of the public authority.

12. Child care leave and part-time: some legal problems and ways of their decision (on the example of jurisprudence).
Terekhin Andrey Mihailovich, lawyer, the candidate of jurisprudence, valid state councilor of justice of the Russian Federation 3 classes, the lieutenant colonel of а stock, anmite@yandex.ru.
In article the analysis of establishment of part-time to separate categories of workers is carried out, separate problems in legal regulation of granting and work in the conditions of part-time are opened. Also in article concrete measures of legal character which can fix the specified problems are offered.
Key words: part-time, an operating mode, a child care leave, the employer, the agreement of the parties of the employment contract, irregular working hours, dismissal from work.

13. An outsourcing agreement for the needs of military organizations.
Sorokin A.V., officer of the military unit 58861, vpravo@mail.ru
Тhe article deals with the essence of relations of outsourcing, as well as the specifics of its use by military organizations. Definition of the outsourcing contract for the provision of services, works for needs of military organizations
Key words: autsorsing, state contract, external performers, military organization.

14. About limits on application of defense and state security procurement and acquisition.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The necessity of establishing of the legal limitations on the use of procurement of works and services as a means to ensure state needs in the field of national defense and state security is substantiated in the article.
Key words: outsourcing; contracting out; government contract; government procurement; defense procurement and acquisition; defense contract; sensitive contract.

15. On the unification of normative legal acts, regulating the order of carrying out of administrative investigation on the fact of causing material damage to the military unit.
Kirichenko N.S., the captain of justice, a senior officer of the Department of judicial protection and contractual and claims work the Department of legal work of the office of the North Caucasian regional command of internal troops of the MIA of Russia, nikolay_kirich@mail.ru
In this paper, the question of necessity of unification of the normative acts stipulating the order of carrying out of administrative investigation on the fact of causing material damage to the military unit.
Key words: the unification of legislation, military, administrative investigation, property damage, military unit.

16. «Mandatory conditions» contract for performance of contractual work.
Kirillov P.V. candidate of legal Sciences, pvs1997@mail.ru,
The article, based on practical experience and jurisprudence reveals the contents of the contract, which are included in it by virtue of the direct instructions of the law.
Key words: a contract for the performance of contract work; significant conditions; mandatory conditions.

17. Interpreter’s involvement in production of cases on administrative offences, adjudging by executive officers of border guard federal service of security authorities.
Svininikh O.Y., candidate of legal sciences, A Solicitor of law department of Russian Law Studies «Aequitas» Centre, stasenko@yandex.ru
The article is devoted to researching legislation in regard to working an interpreter in production of cases on administrative offences, adjudging by border guard authorities. The author expanding executive officers’ set of measures to involve an interpreter in legal proceedings. Additionally, the emphasis is on the procedure, necessary for determination foreigners’ level of knowledge language trial.
Key words: border guard authorities, border guard executive officer, production of cases on administrative offenses, draw an interpreter in legal proceedings, foreigner.

18. New legislation on the use of weapons bodies of the federal security service, or why we should not be afraid of a soldier with weapons.
Shcherbak S. I., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru.
In this paper we analyze the legal rules enacted by the Federal law of December 30 2015 № 468 «On amendments to certain legislative acts of the Russian Federation», clarifying the grounds and the order of application of weapons, special means and physical force by the military personnel of bodies of Federal security service in the performance of official duties.
Key words: the use of weapons, the weapons, the conditions of the use of weapons, the foundation of the use of weapons, use weapons, military personnel, security agencies.