THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 5
ISSUE CONTENTS:
1. Nepotism as a form of corruption in the system of military service.
E.A. Glukhov, PhD, Lieutenant Colonel of Justice, the senior lecturer of the St. Petersburg Military Institute of Internal Troops of the MIA Russia; V.M. Korjakin, Doctor of Law, Associate Professor, Professor of Military University, pvs1997@mail.ru
The article is devoted to the problem of nepotism in the military, when promotion is based on personal relationships. Some suggestions are made for legislative restriction of the phenomenon.
Key words: military service; corruption; nepotism; favoritism; a joint service of relatives; the promotion; a conflict of interest.
2. On some peculiarities related to payment of undergoing military service under the contract, daily foreign currency.
N.V. Kichigin, legal adviser of the military unit, pvs1997@mail.ru
The order of payment of undergoing military service under the contract, daily foreign currency in their business trip in a foreign country and within the State.
Key words: military, service abroad, per diem payments.
3. On the issue of the suspension of payments to citizens pension for years of service.
A.V. Yefremov, head of the legal department of the military commissariat of the Chuvash Republic, pvs1997@mail.ru
The analysis of the legality of the situation to pension officials military commissioners for suspension of payment of pensions for length of service to citizens who since her appointment to join the customs authorities and prosecuting authorities.
Key words: retirement pensions, the suspension of payments, re-entry into the service.
4. Prevention of causing material damage by military personnel, as an element of a proper organization of economic activity of 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, , pvs1997@mail.ru.
The issue of ensuring military servicemen have always had relevance, particularly in view of the constantly changing judicial practice in this area. The paper considers the issue of the legality of the refusal of the soldier to the dwelling of because he has a family member that is a participant savings and mortgage system of housing for military personnel.
Key words: serviceman, housing, savings and mortgage system of housing for military personnel.
5. Rotation of federal public civil servants: separate defects of law-making and problem of right application, way of their decision.
Terekhin A.M., candidate of jurisprudence, valid state councilor of justice of the Russian Federation 3 classes, deputy director of Department of public service and shots of the Ministry of Justice of the Russian Federation, pvs1997@mail.ru.
In article the analysis of modern legal policy of the Russian Federation in the field of rotation on federal public civil service is carried out, separate defects in the Federal law of 27.07.2004 No. 79-FZ "About the public civil service of the Russian Federation", mistakes are opened in legal regulation of rotation of the public civil servants. Concrete measures of legal character which can fix the specified problems are at the same time offered.
Key words: legal policy, defects of law-making, civil service, rotation, corruption.
6. Legal forms of participation of the military institutions in the proprietary relations.
Smorchkova L.N., candidate of legal Sciences, associate Professor, associate Professor of the NIB, , pvs1997@mail.ru.
The article touches upon some problematic issues of realization of rights of military institutions, in particular, to border authorities in respect of land in terms of the abolition of Rosgranitsa.
Key words: a military institution, the land plot, right of permanent (perpetual) use, servitude, the interests of the state.
7. Corruption risks of defense and state security procurement and acquisition legislation and measures to identify and eliminate them.
Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law, pvs1997@mail.ru
The author performed anti-corruption assessment of defense and state security procurement and acquisition legislation. The identification of regulatory corruption risks was exercised. The author formulated recommendations on how to avoid or mitigate the corruption risks, as well as ways to improve the existing system of measures to identify and eliminate regulatory corruption risks.
Key words: corruption risk; fighting corruption; anti-corruption assessment of laws; monitoring of law enforcement; evaluation of regulatory impact; government procurement; defense procurement and acquisition.
8. 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, pvs1997@mail.ru.
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.
9. Topical issues of distinguishing ordinary and special offences against the order of savings of military property.
Bazhenov A.V., Associate chair of Criminal law Military University of the defense Ministry, captain of justice, pvs1997@mail.ru.
The article presents some criteria for distinguishing between ordinary and special costavy crimes against the order of savings of military property. Describe elements of compositions of these crimes. Reflects the value of differentiation formulations for the theory and practice
Key words: savings, weapons, ammunition, items of military equipment, military equipment, criminal liability.
10. The problem of acceptability of the use of military-statutory examinations in criminal cases.
Raner N.A., Ph.D., associate professor of the department of criminal procedure, criminology and legal informatics BFU Legal Institute. Kant (Kaliningrad), kurkovna@list.ru; Makarovа O.A., Ph.D., associate professor of the department of criminal procedure, criminology and legal informatics BFU Legal Institute. Kant (Kaliningrad).
Тhe article highlights the main problems of using the military statutory examinations as admissible evidence in criminal cases initiated on the crimes committed by military personnel. Various points of view on the issues of appointment and production of legal expertise in the field of military-statutory relations and the order of military service. As alternative forms of use of special knowledge in cases of this category it is proposed to use as admissible evidence, the expert's opinion.
Key words: military-authorised forensic examination, expert, legal expertise, conclusion of expert, specialized knowledge.
11. Troops of the national guard as a successor of the internal troops of the MIA of Russia.
Kalinin S.I. the teacher of the Saratov military Institute of internal troops of the MIA of Russia; Koryakin V.M. doctor of legal Sciences, associate Professor, Professor at the Military University, pvs1997@mail.ru.
Тhe article presents a comparative legal analysis of the legal status of the national guard troops of the Russian Federation and internal troops of the MIA of Russia, describes the tasks, powers and structure of troops of the national guard as a legal successor of the internal troops.
Key words: troops of the national guard; internal troops; Federal service the national guard troops of the Russian Federation; to protect public safety; ensuring public safety.
12. Theoretical and legal bases permitting system arms trafficking in Russia (the Soviet period).
Subanova Natalia - Doctor of Law, Deputy Director of the Research Institute of the Academy of General Prosecutor's Office of the Russian Federation e-mail: 9991888@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 marks the main theoretical and history aspects of the licensing system in the sphere of arms circulation in the soviet period and the main phases of formation and development of legal regulation of this part of licensing system as a special material subject of human activity in historical and legal retrospective. This work the authors continue a series of articles devoted to the licensing system of civil arms c in Russia.
Key words: arms, arms circulation, licensing system, soviet authority, militia.
13. On the subject, objectives and tasks of prosecutorial supervision over the implementation of laws on the contract system in the sphere of public procurement.
Zhuravleva A.S., Junior Research Fellow Research Institute of the Academy of General Prosecutor's Office of the Russian Federation, the competitor of a scientific degree of candidate of legal sciences. (Moscow, Russian Federation).
The article deals with questions of prosecutor's supervision over the implementation of legislation on the contract system in the procurement of goods, works and services for public use. It analyzes the concept of the subject, defined goals and objectives of prosecutorial supervision in this area.
Key words: public prosecutor's supervision, the contract system in the procurement, maintenance of public use, the prosecuting authorities.