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Военное право
Военное право

Электронное научное издание "Военное право" 2009г.


Magazine "Military law". Release № 4, 2009

I. Urgent aspects of the national security threats counteraction in the boundary field.
O.V. Damaskin, doctor of legal sciences, professor, merited lawyer of the Russian Federation.
The article is devoted to the issues of the national security threats counteraction in the boundary field due to the ratified national security Strategy until 2020.
The National security, boundary, threats counteraction.
Bibliographical reference:
1. The Russian Federation Presidential edict of 12 May 2009 № 537 On The Russian Federation National Security Strategy until 2020// The Russian Newspaper. 19 May 2009;
2. Damaskin O.V. Russia in the Modern World: the National Security Problems. М.: Science, 2007;
3. Strategic Deterrence – the Most Crucial Direction of the National Security Maintenance under Present – Day Conditions. “Round table” notes. Strategic Rocket Forces Military Academy Named after Peter the Great. 22 September 2008;
4. Russian Federation President D.A. Medvedev. Address to the Russian Federation Federal Assembly of 5 November 2008;
5. The basis of the Russian Federation national policies in the Arctic Region until 2020 and its further prospects. Ratified by the Russian Federation President of 18 September 2008. The RF Security Council site of Archive;
6. The State of Legality and Law Order in the Russian Federation and Work of Organs of the pProsecutor's Office. 2008. Information – analytic report. М. 2009.
7. The National Security General Theory. М., 2002;
8. Military – Criminal Law. Edited by H.M. Ahmetshin, O.K. Zatelepina. М., 2008;
9. Damaskin O.V. Criminological Aspects of Criminlity Counteraction in Russia’s Armed Forces. М., 2002;
10.Likhovidov K.S. Problems of Legislative Ensuring of Realization of Servicemen’s Juridical Responsibility. М., 2004;
11. Chekanov B.E. Certain Problems of Military – Juridic Science Development and Education at the Present Day. Possible Ways of the Issues Resolution. // Law in the Armed Forces. 2009. № 2.

II. Sociological analysis of problems of warfare invalids’ rights realization, regulated by the international and Russian legislation.
N.V.Iliina - lecturer of the Russian Defense Ministry Military University.
The article contains sociological research results made by the author on problems of warfare invalids’ rights realization, regulated both by the international, as well as the Russian legislation. Besides, the ways of regulatory framework improving in the field have been studied.
Hostilities, invalid, social protection
Bibliographical references:
1. Analytic report resuming the scientific research of “Analysis of Changes Dynamics and Quality of Social – Economic Status of Citizens, Retired from the Military Service, their Family Members” (in accordance with the results of the 2004 – 2008 monitoring) and Working of Recommendations on the Legal Rgulation Optimization in the Field of Social Protection of the Abovementioned Categories of Citizens”
2. Federal Law of 24 November 1995 №181-FL On Social Protection of Invalids in the Russian Federation.

III. Historic – judicial aspect of the development of men and women equality institution on military service.
D.E.Zaykov senior juridic councellor of the autonomous federal body of “ The 25th State Research Institution of the Russian Federation Defence Ministry ”, captain of the legal department.
The article gives the overview of the genesis of the men and women equality institution on military service.
Military service, genesis of the men and women equality, genesis.
Bibliografical references:
1. Kerimov D.A. Legal Metodology. Moscow, 2000, p. 110
2. Rykov S.L. The Opposite Sex in the Strong Army. http://nvo.ng.ru/history/2000-03-03/5_womeninarms.html.
3. The Results of the Red Army and Fleet Correspondence of August, 28th 1920. (Series 1, issue 1 of the Military Statistics Department) Moscow, B.d., p. 18-19
4. Jiromskaya V.B. Demographic Characteristic of the Army and Society according to the Correspondence of the 1930s // Army and Society of 1900-1941, articles and documents // Editor-in-chief V.P. Dmitrienko. The institution of Russian History, 1999, p. 189
5. Strenina E.A. Women in the Russian Army: History and Development of the Legal System. // Law in the Armed Forces, 2004, № 7., p. 10
6. The USSR Ministry Council Resolution of September 18th, 1981, № 927 “ Officers, warrant-officers, sergeants, sergeants - major, sailors and volunteer military servicing women manning decree”
7. The Defense Minister’s Decree № 397 of 1997 On Means of training for reorganization and elimination of the higher educational military institutions of the Defence Ministry of the Russian Federation.

IV. The issue of corruption concept and the object of corruption crimes (criminal and legal aspect).
Koval Alexei Vitalievich, the RF DM Military University, candidate of legal sciences.
The article deals with criminal and legal aspects of corruption concept, both the object of corruption crimes, as well as anti – corruption measures have been analyzed.
Corruption, crimes, qualification
Bibliographical references:
1. Aslahanov A. Corruption – Corrosion of Powerи // The Russian Newspaper. 1993. 23 of March.
2. Egorova N.A. Criminal andLlegal Forms of Fight against Corruption Under New Economic Environment. Diss of Candidate of legal sciences – Saratov, 1996.
3. Voljenkin B.V. Corruption and Criminal Law. // Legal Science. 1991. №6. p.64.
4. Voljenkin B.V. Lucrative Malconduct while on Duty (stealing, bribe taking, abuse of official position: criminal and legal characteristic and qualification problems). Diss. of doctor of legal sciences in a scientific report form, which can be also regarded as dissertation. М., 1991.
5. Galperin G.I. Organized Crime, Corruption and Criminal Law // Socialist legality. 1989. №4. p.34.
6. Nikiforov A.S. Criminality Control in Russia // State and Law. 1994. №5. p.79.
7. Ricker P .Conflict of Interpretations. Feature articles on hermeneutics. М., 1995. p.104. 110.
8. Abelyar P. Theological Treaties: Tran. from Latin. М.: Progress, 1995. p.74.
9. Criminology: Textbook. М.: Legalist, 1995. p.22.
10. Ivanov A.K. Domestic criminology. A course of lectures. Saratov, 1995. p. 114. С. 114; Romashenko L.S. Sociological Analysis of Corruption as the Principal Sign of Organized Crime // Herald of the state law academy of Saratov. 1995. №2. p. 145-154.
11. Organized Crime / edited by A.I. Dolgova, S.V. Diyakova. М.: Juridic. lit. 1989. p.42. Sea also: Shnider G.Y. Criminology: Transl. from German. М., 1994. p. 48-53.
12. Grigoriev V.V. Commentaries to the Federal Law On Corruption Counteraction of 25 December 2008 №273-FL. М., Business court, 2009.
13. Sergeevskiy N. Russia’s criminal law. General part. 1915. p.55.
14. Mishin G.K. Corruption: Concept, Nature, Measures of Limitation: Lecture. М., 1991. p.22.

V. Problems of the Russian Federation Armed Forces implementation legality nowadays.
Kudashkin A.V. doctor of legal sciences, professor.
The article studies problematic issues of legal status of the Russian Federation Armed Forces, in particular, it analyses the problems of the Military Forces implementation legality.
Armed Forces, implementation, legality
Bibliographical references:
1. Military – juridic encyclopedic dictionary. М., 2007..
2. Udin A.B. Legal Basis of the Russian Federation Defense Ministry and the Ministry of Internal Affairs co – operation on the Constitutional system, territorial and state integrity protection of the Russian Federation. Dissertator… candidate of juridic sciences. М., 2006.
3. Batir B.A. the Military Conflict between South Ossetia and Abkhazia as a New Type of Military Conflicts of the XXI century // Russia’s military – legal compilation. № 12 . М., 2008. p. 264 – 320.

VI. Salient features of military administration officials’ juridical behavior associated with the military service of the contract servicemen due to bringing legal action against them.
Fateev K.B., doctor of legal sciences, professor.
The article studies characteristic features of the military administration officials’ juridical behavior associated with the military service of the contract servicemen due to bringing legal action against them.
Bibliographical references:
1. Federal Law On Status of Servicemen;
2. Federal Law on Military Duties and Military Service;
3. The Russian Federation Code of Criminal Procedure;
4. Regulation for the national military service order, ratified by the Russian Federation Presidential edict of 16 September 1999 № 1237;
5. Decree of the Russian Federation Constitutional Court of 20 April 2009 г. № 7-P;
6. Federal Law On Detention in Custody of Suspects and Alleged Offenders of 15 July 1995 № 103-FL;
7. The Russian Federation military forces Disciplinary Regulations, ratified by the Russian Federation Presidential edict of 10 November 2007, № 1495;
8. The Russian Federation military forces Internal Service Regulations, ratified by the Russian Federation Presidential edict of 10 November 2007 № 1495.

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