THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 4

ISSUE CONTENTS:

1. Improvement of the procedure of military service and the legal liability of servicemen (commentary to the Federal law from February 15, 2016 No. 20-FZ)

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
In the article scientific and practical commentary to the Federal law from February 20, 2016 No. 15-FZ, which introduced important changes and additions to Federal laws "On military duty and military service" and "On status of servicemen". Statutory cases, when the military rank a soldier is not assigned, and also expanded the list of grave misconduct.
Key words: military service; military rank; serious disciplinary offences; disciplinary liability of servicemen.

2. Some limitations in the disciplinary authority of the commander of a military serviceman subordinate to promote the removal of previously applied disciplinary action.

ErfurtA.V., Colonel of justice, the assistant commander of the North Caucasian regional command of internal troops of the MIA of Russia for legal work – head of Department of legal work, oprskrk@mail.ru
In the article the question of the limitations of disciplinary rights of the commander towards a subordinate military personnel, transferred from other military units and having removed the sanction.
Key words: military unit, military personnel, disciplinary action, promotion.

3. Error pension authority should not entail a disproportionate deterioration in the social position of the recipient of the pension (a commentary on the decision of the constitutional Court of the Russian Federation from January 14, 2016 No. 1-P).
Ananyeva E.E., 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
The article commented on the legal position of the constitutional Court of the Russian Federation on the consequences of errors committed by the military pension authorities in the appointment of pensions to the persons dismissed from military and law enforcement service. Fix these errors by stopping the payment of pension is deemed not relevant to the constitutional principle of justice, provided that the recipient of the pension act in good faith, and the mistake made by the pension authority, without any fault of the recipient of the pension.

4. Problems of realization of military personnel rights to health care.
Dushkin I.V., head of division – Deputy head of the legal Department GCVW of the MIA of Russia, Colonel of justice
The article describes the problems faced by military personnel in realizing their rights to health care and health insurance of military personnel before entering and after military service. The author draws a parallel between military law and the law on mandatory medical insurance in the Russian Federation in this connection the article focuses on the existing gaps of the legal regulation.
Key words: military personnel, medical care, compulsory health insurance, legal regulation.

5. Pension provision of persons discharged from military (law enforcement) services coming from countries of the Commonwealth of Independent States to the territory of Russia , taking into account the migration legislation of the Russian Federation.
Efremov A.V., head of the legal branch of the military commissariat of the Republic of Chuvashia, ds28806@chebnet.com
The article examines the problems associated with the appointment of retired servicemen and law enforcement officers, resulting in law enforcement, taking into account the migration legislation of the Russian Federation.
Key words: temporary stay, soldier , residence , pensions , foreigner residence registration .

6. The privatization of residential premises and the right to receive military premises in the property: theory and practice.
Kudashkin A.V. Doctor of Law, Professor, Department of Civil Law of the Military University, kud64@mail.ru
The questions of privatization of premises in connection with the extension of free privatization of 1 year, and especially the provision of free housing for servicemen.
Key words: accommodation, privatization, military personnel, principles, features.

7. Application of Administrative Procedure Code of the Russian Federation in the military courts: characteristics and problems.
Voronov A.F., Doctor of Law, Professor, Honored Lawyer of the Russian Federation
The article analyzes the characteristics of the production of administrative cases in the military courts, compared to the production in civil cases, and some problems have arisen in the application of the Code of Administrative Proceedings of the Russian Federation during the consideration and resolution of cases of protection of the rights and freedoms of military personnel.
Key words: Administrative legal proceedings, protection of the rights and freedoms of military personnel, review and resolution of administrative cases in the military courts.

8. Child care leave and part-time: some legal problems and ways of their decision (on the example of jurisprudence).
Terekhin A.M., 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.

9. Gaps and contradictions of military criminal legislation of Russian Federation.
Ermolovich Y.N., The PhD in Law, doctoral candidate in criminal law of the Military University
The article analyzes the theory and practice of criminal law about crimes against military service. The analysis the author reveals the gaps and contradictions existing military criminal legislation of the Russian Federation, offers solutions.
Key words: criminal liability, servicemen, military criminal legislation, military criminal law.

10. Legal practice in the field of criminal liability for the financing of terrorism and terrorist organizations community.
TuganovYu.N., honoured lawyer of the Russian Federation, doctor of legal Sciences, associate Professor, academicianRANS, yurij-tuganov@yandex.ru; Auls V.K., candidate of legal Sciences, associate Professor of the chair of the Baikal state University of Economics and law
Тhe article examines problems of implementation of criminal responsibility for the financing of terrorist communities and terrorist organizations and consider this factor in the case of the military organization of the state.The authors come to the conclusion that the problem of criminal accountability for these crimes is due to both technical and legal shortcomings of the articles 205-4 and 205-5 of the criminal code, and difficult to solve conflicts of norms of article 205-1 of the criminal code with a competing criminal law. Justified variants of qualification of actions of persons on the community financing of terrorist and terrorist organizations.
Key words: financing, terrorist groups, terrorist organization, aiding, abetting.

11. Theoretical and legal bases of formation and development of the weapons permit system turnover in Russia before 1917.
Subanova Natalia - Doctor of Law, Deputy Director of the Research Institute of the Academy of General Prosecutor's Office of the Russian Federation9991888@mail.ru; Shelkovnikova Elena D. - Doctor of Law, Professor, "Moscow State Linguistic University" professor of the department of general theoretical legal disciplines of the Faculty of Law, Institute of Law, Economics and Management Information FGBOU IN, e-mail: shelkovnikova-elena0@rambler.ru
The article defines theoretical and legal basis of formation and development of the licensing system in the sphere of arms trafficking in the historical and legal retrospective in the Tsar era of development of the Russian state (until 1917). This article begins a series of articles devoted to the licensing system of arms trafficking at various stages of development of Russia.
Key words: arms, arms trafficking, licensing system, legal regulation, control, supervision, Russian state, historical period.

12. Institute of state land supervision as a measure of protection of lands of defense and security.

O.U. Feoktistova, associate Professor of labor law, civil and arbitration process of Military University, PhD in law, feoktistovaou@mail.ru,
Тhe article deals with the issues of control and supervision of the land granted to the Armed Forces of the Russian Federation to perform tasks for the protection of the integrity and sovereignty of the Russian Federation.
Key words: land, land defence and security, the state land supervision.

13. Some trends in the development of premium production personnel in the Russian Federation.
Konashenkov P. Yu., associate, employee of the center of research of problems Russian law Equitas, yurij-tuganov@yandex.ru
The article discusses the production of premium as a positive part of the administrative process, defines the main directions for the development of the process of awarding, is allocated a separate evaluation phase of the activities of subordinates as a legal qualification of their actions and the results obtained, which is the initial and compulsory stage of the process of awarding. In addition, on the basis of domestic and foreign experience awards for participation in meaningful activities, it is proposed that such awards be included in the system of state awards of the Russian Federation.
Key words: armed forces, military service, serviceman, promotion, state decoration.

14. On the Issue of military prosecutors powers of public prosecutor's supervision over implementation of laws ensuring security on the railway transport.
Plugar D.M., senior lecturer, Saint-Petersburg law institute (branch) of Federal Establishment of Higher Professional Education «Academy of the Office of the Prosecutor General of the Russian Federation», Justice Advisor; plugdm@mail.ru.
Dynamic development of the transportation system of the country, growth in deliveries by railway transport, expansion of transportation infrastructure call for timely and adequate measures to ensure security on its objects, since accidents and crashes on transportation cause damage not only to the state economy, but also create danger to life and health of the citizens.
Key words: Prosecutor’s Office of the Russian Federation, supervision by the public prosecutor over the observance of laws on transportation, military prosecutors, acts of prosecutorial response.

15. About novels in the definition of legal work in the armed forces.
Kharitonov SS, PhD, Professor
The article examines the concept of "legal work in the Russian Federation Armed Forces".
Key words: legal work order.