THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 7-8
ISSUE CONTENTS:
1. National guard troops have a legal basis.
Korjakin V. М., doctor of legal Sciences, associate Professor, Professor of the Department of military administration, administrative and financial law of the Military University, pvsvpo@mail.ru
The article presents a scoping review of the Federal law of 3 July 2016 No. 226-FZ "About the army national guard." The article reveals the purpose and objectives of national guard troops, their powers and other issues related to their activities.
Key words: national guard troops; the military organization of the state; defense; security.
2. Manual for legal work in the Armed Forces of the Russian Federation: new content and new challenges.
Zaykov D.E., PhD, pvsvpo@mail.ru
In the article the author analyzes the Manual on legal work in the Armed Forces, approved by order of Minister of Defense on December 3, 2015 № 717, which defined the main areas of legal work and the status of subdivisions (officials) of the Legal Service of the Armed Forces.
Key words: legal work, legal department, an administrative investigation, the rights, duties.
3. Legal and organizational aspects of the survey military personnel on the use of psychoactive substances.
Sogiyaynen A.A., MD, PhD, Chicherin L.P., Professor, MD, PhD; Schepin V.O., Corresponding Member of the Academy of Medical Sciences, MD, PhD; Zhukov G.S., Colonel of the Medical Service, Sogalex@ya.ru;
The article analyzes the methodological and legal aspects of the examination of military personnel on the state of intoxication of various origins. We consider individual soldiers firing questions from military service in identifying the fact of abuse drugs. The author analyzes the current legal framework on this issue. The subject of the review have also legal issues, organizing drug and alcohol abuse prevention in military units (institutions). Particular attention is paid to issues of concern to identify surfactant consumers in the Armed Forces of the Defence Ministry.
Key words: drug testing, the military-medical commission, drug prevention, psychoactive substanc.
4. Modern international rules on assistance and rescue at sea, the duties of a military ship (ship) for the rescue and the right to remuneration.
Petrov O.Y., candidate of legal Sciences, pvsvpo@mail.ru
Тhe article considers legal and organizational aspects of modern international and domestic rules on assistance and salvage at sea. Examines the reasons the affected actualizes the problem: contemporary global processes, the fight against international terrorism, often in the nature of military operations, the fight against piracy, including with the use of the naval forces of States in various regions of the World ocean, the problem of refugees from the Middle East. The tendency of increasing the intensity of the naval forces of the States that triggers the need for an international legal and domestic regulation of the protection of the person in carrying out various activities at sea.
In this regard, the increasing demand for international law training, first of all commanders of ships of the Navy of Russia, which objectively is due to the current international situation.
The author substantiates the priority of protection of human life, the duty of the state to ensure the safety of its citizens, as expressed at both the international and domestic levels. Reveals the organization of search and rescue at sea is governed by a number of international treaties, regional and bilateral agreements and national law, departmental normative legal acts.
Key words: constitutional guarantees of rights, international law acts, international Maritime law, international conventions, the duties of a warship to rescue, international terrorism, international legal training, rules of search and rescue at sea, rescue operation, international Convention on salvage, remuneration for salvage, salvage agreement, arbitration, Maritime arbitration Commission, the duties of a commander for the rescue, rescue work, reporting documents for the rescue.
5. About the directions of development of prevention of disciplinary offences of military personnel in border authorities.
Gapon R.A., employee of the center of research of problems Russian law Equitas, pvsvpo@mail.ru
The article deals with the direction of disciplinary offenses prevention in border enforcement activities. There is a high role of the individual managers and legal work to strengthen military discipline and law and order.
Key words: border authorities, military, prevention of offenses, military discipline, legal work.
6. Innovations in the legal regulation of the procedural activity of the organs of the military police of the armed forces.
Тhe article presents a scientific and practical commentary to the Federal law of 3 July 2016, No. 259-FZ. This act introduced amendments to four laws relating to procedural activities of the military police of the Armed Forces of the Russian Federation, and also activity of commanders (chiefs) to maintain law and order and military discipline in the subordinate units and military units.
Key words: military police; law and order; military discipline; road safety.
7. Legal question about the order of pension provision of persons held military service, leaving (who left) for permanent residence outside the territory 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 discusses the problems associated with the order of pension provision of persons held military service, leaving (who left) for permanent residence outside the territory of the Russian Federation arising in the current legislation of the Russian Federation.
Key words: pension provision, military service, went travelling, permanent residency, international agreement, contract, priority, territory, citizen, payment.
8. Assignment the title of "labor veteran" to persons of the civil personnel of armed forces: the innovations of legal regulation.
Filippova M. Yu., candidate of legal Sciences, Deputy Director on uchebno-methodical work of the Law Institute of FSBEI "Moscow state transport University of Emperor Nicholas II"
Тhe article reveals the conditions and procedure of awarding the title "veteran of labor" to persons of the civil personnel of the Armed Forces of the Russian Federation, reveals the problematic issues in this sphere, formulates some proposals on improving the legislation on veterans.
Key words: veteran labor; departmental awards; departmental distinctions in work; work experience; insurance experience; seniority.
9. The issues of implementing military law for the payment of monetary compensation for employment (sublease) of residential premises.
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 second class, 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.
10. Justified whether the provision of the right to receive housing subsidies separation of concerns "the post" and "the chosen place of residence?"
Panshev S.L., lawyer of the law firm of Rostov, pvsvpo@mail.ru
The actual question of judicial application of the concepts of "duty station" and "favorite place of residence" in the provision of subsidies for the purchase or construction of residential premises servicemen.
Key words: housing subsidy, a service place, favorite place of residence.
11. About the content of the legal regulation of procedural activities of screens of military units in the Federal Security Service.
Ponomareva A.V., avu.84b@gmail.com
he article describes the legislative and regulatory levels of legal regulation of the criminal procedural institute, reveals the problem of determining the procedural status of a military unit commander. The specific legal instruments used in the procedural activities of screeners of military units of the Federal Security Service, are described as well as the specifics of their activities compared with the inquiry of the Russian Armed Forces.
Key words: inquirybody, commander of the military unit, procedural activity, screeners of the military unit, legal regulation.
12. About the violation of the right of citizens to replacement of military service with alternative civil service.
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, pvsvpo@mail.ru
The article is devoted to the protection of the constitutional rights of citizens to replace military service with alternative civil service. The article tells about illegal refusals of the draft boards to consider applications from citizens who appeal to replace the type of obligatory state service. It also includes analysis of judicial practice in this area.
Key words: alternative civil service, draft board, military department, denial of consideration of the application.
13. The process of bringing to disciplinary responsibility soldiers become bureaucratic.
E.A. Glukhov , PhD, Lieutenant Colonel of Justice, the senior lecturer of the St. Petersburg Military Institute of Internal Troops of the MIA Russia, pvsvpo@mail.ru
The article considers the existing de facto military organi-zations procedure for the application of disciplinary sanctions, the conclusion of his excessive bureaucracy. In addition, it examines the relationship of attraction voennosluzhasche th to disciplinary action and reduce the size of its monetary allowance. There are the proposals on improvement of disciplinary practices.
Key words: disciplinary sanctions, the military, the proceedings, the documents unnecessary deprivation (decrease) in premiums, a double punishment, byurokratiza-tion, reducing the effectiveness of management.
14. About some problems of legal work for the realization of the right of servicemen to freedom of religion.
Ovcharov O.A., сandidate of Law, chair of the military administration, the administrative and financial rights of the Military University of the Ministry of Defense of the Russian Federation, o.oleg.1968@mail.ru
The article briefly describes and analyzes certain issues of improvement of legal work in the area of Church-state relations in the implementation of military law on freedom of religion.
Key words: legal work, the right to freedom of religion, military clergy, corruption factors.