THE JOURNAL "LAW IN THE ARMED FORCES – MILITARY-LEGAL REVIEW" № 2
1. On the order of awarding military ranks to the citizens arriving on military service in bodies of military Prosecutor and military investigating bodies.
V. M. Koryakin, doctor of legal Sciences, Professor, Professor of the Military University, Deputy Director of the Juridical Institute of FGBOU VPO «Russian University of transport (MIIT)», pvsvpo@mail.ru.
The article presents a review of the provisions of the law on military service concerning procedure of awarding military ranks to the citizens arriving on military service in military Prosecutor's office and military investigatory bodies, including having special ranks or class ranks of prosecutors. Analyzes the norms of the Federal law from November 27, 2017 No. 357-FZ "On amendments to article 47 of the Federal law "On military duty and military service"". Key words: military service; military Prosecutor, military investigation bodies; rank; special rank.
2. On some issues of bringing servicemen and other civil servants to administrative responsibility (commentary to the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 28, 2017 No. 46).
D. E. Zaykov, PhD, pvsvpo@mail.ru
In the article the author analyzes the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 28, 2017 No. 46, which was the first explanation on the issues of judicial practice in cases of bringing to administrative responsibility for violating the procedure for attracting a former state (municipal) employee to work or performing work services) on the terms of a civil law contract. Key words: counteraction to corruption, state (municipal) employee, restriction, labor contract, civil law contract, administrative responsibility.
3. Disciplinary trial concerning the military personnel: concept and structure.
Cheshko V.Yu., master of law, postgraduate student at the department of constitutional law, faculty of law Belarusian State University captain of justice, pvsvpo@mail.ru
In article scientific representations and legal approaches by definition of process of attraction to disciplinary responsibility of various categories of subjects in Republic of Belarus are considered. During the analysis of a ratio of the concepts "disciplinary trial" and "service investigation" need of their streamlining and legal fixing is proved. The structure of disciplinary trial concerning the military personnel is offered. Key words: military service, disciplinary trial, disciplinary responsibility, service investigation.
4. On the relationship between legality and reasonableness in the exercise of military personnel the right to professional retraining.
S.S. Kharitonov, Colonel of Justice of the Reserve, Candidate of Law, Professor, pvsvpo@mail.ru.
The article analyzes judicial practice on the issues of exercising the right of servicemen who are dismissed from military service for professional retraining in one of the civilian specialties. Key words: judicial practice, professional retraining of servicemen.
5. Execution of wills by military personnel in emergency circumstances.
Titov V.V., lawyer, lieutenant colonel of justice (retired), itviktor@yandex.ru
The article discusses the features of implementation of the last will of a military men in extraordinary circumstances. Key words: military men, commander, testament, extraordinary circumstances.
6. The negative aspects of the divide of procurement into several parts.
Zhabrovskiy R.A., legal adviser of the military unit, major, pvsvpo@mail.ru
The article is devoted to some negative aspects of public procurement from a sole supplier. Key words: public procurement, government contract, corruption.
7. About issues arising in the field of execution by officials of the military units of the requirements of the legislation on procurement of goods, works and services for state needs in conducting auctions.
Shaposhnikov M.S., deputy military prosecutor 53 military prosecutor's office (garrison); Shenshin V.М., teacher of the Chair of Constitutional and Administrative Law of the Faculty (command) of the St. Petersburg Military Institute of the Russian Guard, the candidate of jurisprudence, pvsvpo@mail.ru
In this article the authors identify some issues arising from officials of military units in conducting auctions in the performance of requirements of the legislation on procurement of goods, works, services, proposed solutions to such problems. Key words: auction, public needs, military unit, procurement of goods, works, services.
8. An analysis of acquittals and other decisions of military courts, on the basis of which criminal cases were terminated on rehabilitative grounds, or were returned to the military prosecutor to remove obstacles to their consideration.
Y.N. Ermolovich, doctor of Legal Sciences, Professor of the Department of Criminal Law and Criminology FGKOU VO «The Moscow Academy Investigative Committee of the Russian Federation»; N.E. Chestnov, applicant of the Criminal Law Department of FGKVU VO «Military University» of the Ministry of Defense of Russia, pvsvpo@mail.ru
The article analyzes the practice of abolishing the verdicts of the appellate and cassation instances of garrison military courts, making conclusions about the causes of the judicial and investigative errors. Key words: criminal liability, servicemen, military criminal legislation, military criminal law, military court.
9. Issues of criminal responsibility of servicemen for the unauthorized abandonment of part or place of service.
N.E. Stepanenko, P.A. Kozevnikov, lawers, pvsvpo@mail.ru
In the article the position of authors about the object and the subject of crimes, provided for in Article 337 of the Criminal Code of the Russian Federation is stated. Questions of qualification of unauthorized abandonment of a part or a place of service and delimitation of this crime from adjacent structures are investigated. It is also proposed to clarify the wording of part 1 of Article 55 of the Criminal Code of the Russian Federation. Key words: unauthorized abandonment, military unit, place of service, status of serviceman, order of stay, delimitation, disciplinary military unit.
10. Conscription and responsibility with the student contract.
Y.O. Sokolov, lawer, pvsvpo@mail.ru
The article discusses one of the pressing issues faced by courts in labour law. Is conscription a basis for exemption of the citizen from the obligation to work on the employer who paid the expenses for training in the specialty? Key words: student contract, employment contract, conscription, worker, employer, apprentice, work, dismissal, reimbursement, training, education, good reason.
11. The problem of the direction citizens on medical examination before the consideration of application about to replacement of military service with alternative civil service.
The article gives a legal assessment of the refusals of draft boards to con-sider applications about replacing military service on call with alternative civil service to the citizens before medical examination. The author analyzes current legislation and the practice of appeal of inaction of officials. Key words: alternative civil service, application, medical examination, medical investigation, draft board, military department, appeal, deferral, education.
12. International treaties of the russian federation with foreign states in the field of military-technical cooperation.
V.V. Kudashkin, Secretary of State of JSC Rosoboronexport, Doctor of Laws, pvsvpo@mail.ru
The article is devoted to analyses of the international legal regulation of military-technical cooperation of the Russian Federation with foreign states. Types of international treaties which regulate export of the Russian military products have been classified. Major trends of international legal regulation in this field have been identified. Key words: military-technical cooperation, international treaty, military products.
13. "The serviceman is obliged to show a reasonable initiative …" -difficulties of law enforcement.
E.A. Glukhov, Candidate of Law Sciences, colonel of justice, St. Petersburg military institute of troops of national guard, pvsvpo@mail.ru
In article the standard of the Charter of internal service of Russian Armed Forces on a reasonable initiative of the serviceman is analyzed. The author comes to a conclusion about blurring of this concept and subjectivity of the senior commander at assessment of rationality of an initiative of the subordinate, about opportunities both encouragement, and punishments for her manifestation. Key words: a reasonable initiative, the serviceman, reasonable risk, bureaucracy, withdrawal from a template, the commander's discretion, corruptogenic factors, independence, competence.
14. On the essence of the classified invention and the order of invalidation of patent therefor.
Nesterenko D.T., The senior investigator of Department of inquiry and disciplinary practices of the military commandant's office of St. Petersburg; Kudashkin A.V., Doctor of Law, Professor, pvsvpo@mail.ru
The article discusses the issues of the essence of a classified invention, its influence on state economics and invalidation of patent for classified inventions, and spaces, found in the Russian legislation regulating specified legal relations, as well as proposes possible solutions to the identified problems. Key words: legislation, invention, classified invention, patent, invalidity, the patentee.
15. The legal status of the serviceman and his influence on other special legal status of the person.
G.E. Slepko, PhD (Candidate of philological sciences), assistant professor, Chair of Civil Law, Military University of the Defense Ministry of the RF (Moscow), pvsvpo@mail.ru
The article deals with the actual and practice significant themes of the legal status of the military serviceman. In the article the author discusses the urgent questions of the impact of the special legal status of military personnel on the possibilities and conditions of their participation in civil-legal relations, in particular, in family, inheritance, business, corporate, about intellectual activities, etc., as well as the implementation of certain types of civil rights and duties. Key words: serviceman, legal status, legal regulation, inheritance, patent, trademark, enterprise, commercial organization, non-profit organization, founder, marriage, divorce, parenthood.
16. On some problems of the military-ecclesiastical law-making in the activities of chaplains (questions of perfection of legal work). Part 2. Continued.
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 some problems of improvement of legal work in the area of Church-state relations in the implementation of the commanders of the military clergy and their authority in the religious sphere and possible ways of their solution. Key words: legal work, military personnel the right to freedom of religion, the military clergy, military service.