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Военное право

Электронное научное издание "Военное право" 2010г.

 

Magazine "Military law". Release № 2, 2010

I. Resolution of conflict of interests in military service.
Kozlov Timur Leonidovich, leading research worker of a department of Research Institute within the Attorney General’s Office of the Russian Federation, candidate of law.
Annotation: The article considers issues, dealing with conflicts of interests which involve the military: essence, content, types, legal bases of resolution
Key words: military service, resolution, resolution
References:
1. State of legality, law and order in the Russian Federation and the work of prosecuting entities – 2008 // Informational and analitical report. M.: Attorney General’s Office Academy of the Russian Federation, 2009. P. 40.
2. Federal law of 25.12.2008 № 280-FZ «On amending separate legislative acts of the Russian Federation due to the ratification of the UN Anti-corruption convention of the 31 of October 2003 and the convention on Criminal liability in corruption cases of the 27 January 1999 as well as the adoption of federal law “ On counteractions against corruption” // Collection of Legislation of the RF. 2008. № 52 (part 1). Art. 6235.
3. The UN General Assembly resolution № 51/59, December 12, 1996 (82nd plenary meeting of the 51st session).
4. Comments on the Federal law “On state Civil Service in the Russian Federation” (article-by-article) / Edited by V.A. Kozbanenko. SPb.: Peter Press, 2008.

II. Legal mechanism of conducting anticorruption examination of standard legislative acts in the sphere of defence: theoretical and legal aspects.
Zorin O.L., Military university department applicant.
Annotation: The article considers issues of theory and practise of conducting anticorruption examination in the sphere of defence, including the orders of Russian Defence minister. Specific examples of elicited factores that cause corruption are given in the article.
Key words: defence, standard legislative acts, anticorruption examination.
References:
1. Kolesov V.A. Examination of legislative acts on their ability to cause corruption as a way of fighting against corruption in the Armed Forces // Law in the Armed Forces. 2009. № 5.
2. The UN Anti-corruption convention, 2003;
3. Federal law № 273-FZ “On counteractions against corruption”, 25 December, 2008.
4. Federal law № 172- FZ “On anticorruption examination of standard legislative acts and the drafts of standard legislative acts”.
5. Decree of the RF government № 96 “On anticorruption examination of standard legislative acts and the drafts of standard legislative acts”, 26 February, 2010.

III. On correlation of legal and anticorruption examination of legislative acts and their drafts in the Ministry of defense of the Russian Federation.
Kolesov R.A., Military university department applicant.
Annotation: The article considers theoretical aspects of correlation of anticorruption examination with legal criminal examination. The article specifies the terms and gives their correlation.
Key words: anticorruption and legal examination, essence, content, correlation.
References:
1. Golovschinskiy K.I. Examination of legislation on its ability to cause corruption: Tutorial. M.: INDEM fund, 2004.
2. Zakirov I.A. Legal examination: thesis of candidate of law. Nizhniy Novgorod, 2008.
3. Koryakin V.M. Corruption in the Armed Forces: theory and practice of counteracting:. М., 2009.
4. Matkovskiy S.V. Legal nature of anticorruption examination // Russian investigator. 2008. № 24.
5. Nesterov A.V. Legal bases of anticorruption examination // Safety of business. 2009, № 2.
6. Khabrieva T.Y. Formation of legal bases of anticorruption examination of standard legislative acts // Russian law journal. 2009. № 10., P. 8.
7. Chukhvichev D.V. Legislative technics. М., 2006.

IV. Organization of anticorruption examination of legislative acts in the Ministry of Defence of the Russian Federation and other state authorities: legal and comparative analysis.
Koryakin V.M., doctor of law, Military university department professor.
Annotation: The article provides legal and comparative analysis of the organization of anticorruption examination of legislative acts in the Ministry of Defence and other state authorities. It also states the problems and offers ways of their solution.
Key words: anticorruption examination, Ministry of Defence, state authorities, legal and comparative analysis
References:
1. Vorobiov Y. Corruption transoarently // the Russian Newspaper,March 17, 2009;
2. Khabrieva T.Y. Formation of legal bases of anticorruption examination of standard legislative acts // Russian law journal. 2009. № 10.
3. Rules of conducting anticorruption examination of standard legislative acts and the drafts of standard legislative acts (adopted by the decree of the Russian Federation Government № 96, February 26, 2010).
4. Methodology of conducting anticorruption examination of standard legislative acts and the drafts of standard legislative acts (adopted by the decree of the Russian Federation Government № 96, February 26, 2010).

V. Property of military establishments, received as a result of their profitable activities: urgent problems of implementation of the right of independent disposal.
Svininikh E.A., candidate of law, post.
Annotation: The article considers urgent problems of modernizing the mechanism of independent disposal by military establishments of the property received as a result of their profitable activities.
Key words: military establishments, property, independent disposal.
References:
1. Andreev V.K. Entrepreneurial legislation of Russia: Scientific essays. М.: Statute, Russian Academy of Enterprise, 2008.
2. Barinova E.A. Material rights in the system of subjective civil rights // Urgent problems of civil code. Collection of articles. Ed.. 6 / Edited by Shilokhvostova O.Y. М.: Norm, 2003.
3. Smorchkova L.N. Property of military establishments: legal regime and problems of usage. М., 2009.
4. Sukhanov E.A. Problems of legal regulation of relations in the sphere of private property and the new Civil Code // Russian Civil Code. Problems. Theory. Practice. М., 1998.
5. Sukhanov E.A. On the development of civil legal status of state and local authorities // Legislation. 2006. № 12.
6. Petrov D.V. The right of economic competence and the right of operation control. SPb, 2002.
7. Right of property: urgent problems // Edited by Ltovkin V.N., Sukhanov E.A., Chubarov V.V. М.: Statute, 2008.

VI. Concept of promotion in the military service (theoretical and legal analysis).
Terekhin Andrey Mikhaylovich, Military university department applicant.
Annotation: The article considers theoretical and legal aspects of promotion in the military service. Basing on the analysis of scientific literature, the author proves his definition of “promotion” in the military sphere.
Key words: military service, servicemen, promotion, career.
References:
1. Bakhrakh D.N. State service in Russia: Tutorial. — М.: Prospect, 2009.
2. Grishkovets A.A. Right of state servicemen on obtaining promotion: Thesis. … candidate of law. — М., 1997.
3. Dobrovolskiy A.M. Military administrative laws. Military service. Summary of lectures. — SPb., 1905.
4. Zaitsov. Course of military administration. Edition I. — М., 1867.
5. Koryakin V.M., Kudashkin A.V., Fadeev K.V. Military administrative right (Military administration): Textbook. — М., 2008.
6. Kudashkin A.V. Legal regulation of military service in the Russian Federation: Thesis. … doctor of law. — М., 2003.
7. Lobko P.L. Notes on military administration for military schools and academies . — SPb., 1894.
8. Manokhin V.M. Constitutional foundations of legislation in the sphere of state service // Proceedings of high education establishments. Jurisprudence. — 1983. — № 4.
9. Nozdrachev A.F. State service. Tutorial for preparing state servicemen. — М.: Statute, 1999.
10. Rediger A. Recruitment and organization of armed forces. Part I. — SPb., 1900.
11. Panova I.V. Service promotion: Administrative and legal research: Thesis. … candidate of law. — Saratov, 1993.
12. Legal support of state service in the Russian Federation: Textbook. / Chief editor: Barnitsa I.N.. — М.: RASS, 2007.

VII. On come issues of civil legal regulation of relations involving servicemen and military establishments.
Dubinina T.V., postgraduate, department of civil right of the Military University, major of justice.
Annotation: The article is devoted to the problem of civil legal regulation of relations involving servicemen and military establishments.
Key words: servicemen, military establishments, civil legal relationship, legal means.
References:
Popov L.L., Migachov Y.I., Tikhomirov S.V. Military code: Tutorial / Edited by Migachov Y.I. – М.: Yurist, 2008.
Surkov A.N. Military code and system of military administration. М.: VAGS, 2006.
Pokrovskiy I.A. Principal problems of civil code. 5th edition, М.: Statute, 2009.
Khalfina R.O. Legislation as means of social administration. М., 1988
Alexeev S.S. Legal means: stating the problem, determination, classification // Soviet state and right. 1987. №6.
Goyman V.I. Functioning of right (methodology analysis). М., 1992.
Сапун В.А. Theory of legal means and the mechanism of law implementation. SPb., 2002.
Golubtsov V.G. Combination of public and private foundations in arranging material relations involving the state. 2nd edition, rev. and suppl. – SPb.: R. Aslanov’s editorial «Legal center Press», 2005.

VIII. Disciplinary liability of servicemen of the Armed Forces and the employees of law enforcement authorities (legal and comparative analysis).
Savin I.G., professor of the department of humanitarian and socio-economical disciplines of RVVDKU (VI), candidate of law.
Annotation: The article is devoted to legal and comparative analysis of disciplinary liability of servicemen of the Armed Forces and the employees of law enforcement authorities and the peculiarities of calling the mentioned categories of people to disciplinary account.
Key words: disciplinary liability, servicemen, law enforcement service, military service, types of disciplinary penalties.
References:
1. Federal law № 79-FZ “On civil state service in the Russian Federation” (with rev. and suppl.), July 27, 2004 //Collection of legislation of the RF. 2004. № 31. Art. 3215
2. Federal law № 58- FZ “On the system of state service in the Russian Federation” (with rev. and suppl.), May 27, 2003 // Collection of legislation of the RF.2003. № 22. Art. 2063
3. Federal law № 2202-I “On the prosecutor’s office in the Russian Federation”, January 17, 1992;
4. Federal law № 53- FZ “On military obligation and military service” (with rev. and suppl.), March 28, 1998 // Collection of legislation of the RF. 1998. № 13. Art.1475
5. Decree of the President of the RF № 1495 “On the approval of general military regulations of the Armed Forces of the Russian Federation”, November 10, 2007 // Collection of legislation of the RF. 2007. № 47. Part 1. Art. 5749

IX. On the problems of legal regulation of civil and matrimonial relations involving servicemen and members of their families during the Great Patriotic War.
Konyukhov M.V., postgraduate of the Military University, major of justice.
Annotation: The article is devoted to the problem of legal regulation of civil and matrimonial relations involving servicemen and members of their families during the wartime.
Key words: wartime, serviceman, insurance, inheritance, contracting a marriage, alimentary obligations
References:
Bondarenko D.V. Legal responsibility in conditions of military activities: thesis of an applicant for the candidate’s of law degree. М., 2005.
Genkin D.M. Trial practice of civil cases within the wartime. М., 1943.
Damaskin O.V. Russia in contemporary world. Problems of national security. М., 2007.
Kudashkin A.V. Military service in the Russian Federation: theory and practice of legal regulation. SPb., 2009.
Lisenkov S.G. Legal status of servicemen families during the Great Patriotic War. Thesis of an applicant for the candidate’s of law degree. Spb., 2005.
Tolkachenko A.A. On the role of legislation in preventing wars and armed conflicts// Law in the Armed Forces of the Russian Federation. 2002. № 6.

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