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Военное право

Электронное научное издание "Военное право" 2012г.

 

Magazine "Military law". Release № 2, 2012

1. S.N. Artamonova, a teacher of the Military University, vpravo@mail.ru.
Theory and practice of legal regulation of the activity of the russian military justice in hre period of its modernization bn the second half of the 19th century.
The article summarises the results of the historical and legal research of the national experience of the second half of the XIX century on legal support to the organization and functioning of the system of military justice in the context of the protection of the rights and freedoms of citizens. The actuality of the issues on the reconsideration of the principles правосудной the activities of the Russian state, the human rights protection the purpose of which both then and now became associated with the necessity to comply with its procedural form, performing guaranteeing function. Analyses the activities of our predecessors in the identification, study and real accounting of the specifics of the implementation of justice in the military sphere. Formulated the essence of military justice of the analyzed period, which is based on the specifics of the procedural powers of administration of justice in the military in the form of criminal justice, given the negative consequences of such a construction of the system of military justice.
Key words: military justice, the guarantees of the rights and freedoms of citizens, provision of military security, the interests of the military service, the hierarchy of social values, the reform of the military justice system, the concept of judicial law, the specifics of the procedural powers, legislative support of the military criminal the process of the second half of the 19TH century.
ID number of the article in STC "Informregistr": 0421200099\0019

2.Pechenev I.V., law professor, Major, candidate scientific degree of Candidate of Legal Sciences, gbd@yandex.ru
On implementation of the constitutional principle of equality in the socio-economic rights of servicemen (a summary of the results of the author's scientific research).
On the basis of a scientific analysis of the content of military legislation concludes the existence of a certain provisions do not conform to the constitutional principle of equality in the realization of some social-economic rights of servicemen. Such a provision in the legal regulation contradicts the concept of the social equality of this category of citizens, and therefore requires a legislative resolution of discrepancies.
Key words: The constitutional principle of equality. Socio-economic rights of servicemen. The right of servicemen to equal pay for military service. The right to social security in case of causing of harm to the life or health of the military. The right to a provision of pensions of former military personnel. The right of servicemen to housing. The right to health protection and medical aid.
ID number of the article in STC "Informregistr": 0421200099\0020

3.O.N. Kostyuk, seeker of the military administration, military and administrative law, the Military University, vpravo@mail.ru
Military service and the Federal state civil service: some aspects of the relationship.
The article contains a comparative analysis of various types of state service in the Russian Federation, identifies their General and special signs, some problems fighting corruption in the sphere of state service.
Key words: public service; state civil service; military service; corruption, anti-corruption
ID number of the article in STC "Informregistr": 0421200099\0021

4.K.I.Popov, PhD, Assistant Professor, Associate Professor of Criminal Law Law Institute of Engineering, a member of the Russian Academy of Legal Sciences, vpravo@mail.ru
Necessary defence: the right or duty of servicemen?
The article is devoted to the analysis of the views of specialists in the field of criminal law to the concept of "necessary defense" and the conclusion is made that the necessary defense is a right, but not the duty of the military.
Key words: necessary defence; military and criminal law; criminal liability of servicemen.
ID number of the article in STC "Informregistr": 0421200099\0022

5. S.L. Sandrigailo, Captain Justice, an associate of the Military University, vpravo@mail.ru
Legal culture as a means of determination of activity of servicemen.
The article is devoted to the analysis of the phenomenon of the legal culture of the armed forces from the point of view of consideration as a means of determining the motives and objectives of the official activities of military personnel.
Key words: legal culture, legal behavior; military activities
ID number of the article in STC "Informregistr": 0421200099\0023

6. Smorchkova L.N., candidate of jurisprudence, l.smorchkova@mail.ru
Legal regime of property of the military organizations of the Russian Federation deployed abroad.
The article describes how to define the legal regime of property of the military organization of the Russian Federation deployed abroad, and analyzed applicable collision rules of private international law.
Key words: international private law, collision, method of legal regulation, legal regime, military organization, federal state establishment, property, the right of operative administration.
ID number of the article in STC "Informregistr": 0421200099\0024

7. V.N. Voronov , Research Laboratory of the moral and psychological support of the research department of the Military University of the Ministry of Defence of the Russian Federation, professor, doctor of historical sciences, voronovvitali@yandex.ru;
Chervonenko VF, Senior Research Fellow Institute of IBIS, PhD, major_nn @ mail.ru
To the question about the correlation of terms «military service», «the performance of duties of military service» and «the performance of official duties».
This article discussed the concept and content of military service. The analysis of the institutions of the duties of military service and execution of military duties. The conditions for the onset of certain types of legal responsibility of military personnel associated with the performance of military duties. Substantiate the general conclusion on the further development of legislation on matters of military service and enforcement officers of the Federal Security Service office.
Key words: "military service", "the duties of military service," "performance of official duties."
ID number of the article in STC "Informregistr": 0421200099\0025

8. L.N. Antipin, Head of the Department of History, Moscow State Textile University. AN Kosygin, professor, doctor of historical sciences, romirka@list.ru;
VV Petrov, Senior Researcher, Institute of IBIS, Associate Professor, PhD, petrov_slava@bk.ru
To the question about the development of the Concept of development of legislation of the Russian Federation in the field of security.
In the article the need to develop a Concept of the Russian Federation legislation on the security of the state. Based on the analysis of domestic legislation to proposals for improving the legal security of the Russian Federation. The main directions of normative legal regulation in this area.
Key words: "Security", "legislation in the sphere of security," "the concept of legislation in the sphere of security."
ID number of the article in STC "Informregistr": 0421200099\0026

9. Korobkov V.S., the captain, the chief prosecution and investigation of the course the faculty of the Military University;
Tereshchuk Sergey, 4th year student of military and law faculty of the Military University, sergey_1_9_9_1@mail.ru
Military police in Russia - the pros and cons.
The analysis of the opinions of eminent scholars and specialists on the relevance of creating such a structure in Russia, as the military police. Put forward their own opinions on this issue. Practical recommendations for use of this structure in the domestic armed forces.
Key words: soldiers, military police, the armed forces.
ID number of the article in STC "Informregistr": 0421200099\0027

10. Fedosyuk A.P., the adviser of justice 3 classes, the licence of the Federal state of military educational institution of higher professional education «the Military University», admin.udap@rambler.ru
The relevance of synergetic system researches in the sphere of civil and military law.
In this article the author considers the necessity, urgency and the relevance of the synergetic system researches in the sphere of protection of civil rights of the military organizations and other subjects of the law due to the lack of the modern Russian military and the civil law of the appropriate synergistic systems and loss of offered earlier in the Soviet civil law systems of predictive (synergetic) values.
Key words: military law, synergetics, means of protection of civil rights, the state regime, the military organization.
ID number of the article in STC "Informregistr": 0421200099\0028

11. Homchik V.V., Deputy Chairman of the Supreme Court of the Russian Federation – Chairman of the Military Board, Distinguished Lawyer of the Russian Federation.
The dismissal of military personnel in connection with the failure of the contract: an analysis of legal regulatory and judicial practice.
In this paper study the problem of the dismissal of military personnel in connection with the failure of the contract. The analysis of the causes of discharge from military service in connection with the commission of crimes, administrative or disciplinary offenses.
Key words: military service, dismissal from military service, failure to comply with contract terms, the military courts.
ID number of the article in STC "Informregistr": 0421200099\0029

12. Jakovets E.N., the professor of chair of information security of the Moscow university of the Ministry of Internal Affairs of Russia, the doctor of jurisprudence, the senior lecturer, the colonel of police , koshka997@mail.ru.
Peter the Great reformatory activity in a context of maintenance military and information security of the Russian state.
The short characteristic is given the basic measures connected with realization of military reform of Peter the Great, the military victories gained under the direction of the Russian autocrat. The basic attention is concentrated on the first Russian acts developed at personal participation of Peter the Great, which связанны with maintenance of protection of military secret. Separate kinds of punishments for espionage and change to the Native land are considered.
Key words: military reform, victories of Russian army, the Article military, change to the Native land, disclosure of military secret.
ID number of the article in STC "Informregistr": 0421200099\0030

13. A. Zavalniuk, an associate of the Border Academy of the Russian FSB, vpravo@mail.ru
To the question of improvement of legal regulation of relations on reimbursement of funds of the Federal budget for the military (special) training in educational institutions of the FSB of Russia.
The article analyses the departmental normative legal base, establishing the procedure for the reimbursement of the servicemen of the Federal budget funds spent on their military (special) preparation.
Key words: the cost of a military or special training; - reimbursement of the funds of the budget; variable composition of the educational institution.
ID number of the article in STC "Informregistr": 0421200099\0031

14. R.A. Zagidulin, PhD, Associate Professor, vpravo@mail.ru
Legal regulation of the activities of the Armed Forces of the Russian Federation for the protection of the interests of Russia from external military threats.
The article is devoted to the topical problems of the use of the Armed Forces of the Russian Federation outside its territory in order to combat and neutralization of threats еебезопасности and territorial integrity, as well as in the fight against international terrorism.
Key words: the Armed Forces; the use of the Armed Forces; military security; international humanitarian law; peace-making activity.
ID number of the article in STC "Informregistr": 0421200099\0032

15. A. Zemlin, LL.D., Professor,
S.J. Khromov, PhD, vpravo@mail.ru
On the ratio of the civil-legal and financial responsibility for violation of the order of adoption and execution of budgetary obligations of the military government institutions.
This article examines the correlation of different kinds of responsibility for violations committed by the military owned institutions in the process of adopting and executing budgetary obligations by concluding agreements for the supply of goods, performance of works and provision of services for public needs. Detailed analysis of particular civil and military government agencies, fiscal responsibility.
Key words: вudget legislation, budgetary obligations, compliance with budgetary obligations, military institutions, military institutions, in accordance with the provisions of the civil and financial law.
ID number of the article in STC "Informregistr": 0421200099\0033

16. D.Nasyrov, employee of the Centre of Russian Law Studies «Aequitas», Dmitriynasyrov@yahoo.com.
About some problems of safety in the boundary sphere, connected with a legal regime of use of the ground, being to a border zone.
This article studies the problems of safety in boundary sphere which arise or can arise in connection with operating legal regime of using the ground areas in a border zone.
Key words: legal regime of the ground in a border zone, border zone, problems of safety in boundary sphere.
ID number of the article in STC "Informregistr": 0421200099\0034

17. Sokolov M.S., employee of the Center of Study the Problems of the Russian Law «Aequitas», candidate of law sciences.
Legal basis of information security of Russian Federation.
The article analyzes sources of military law devoted to the information security of Russian Federation. The author substantiates the need to further develop the regulatory framework. Ensuring information security is regarded as a complex activity. Disclosed the overall situation in the information sphere of the Russian Federation.
ID number of the article in STC "Informregistr": 0421200099\0035

18. S.K. Eli, PhD, Associate Professor, vpravo@mail.ru
Corruption offenses in the state's military organization.
This article discusses the problematic issues highlight the typical corruption crimes committed in the state's military organization, they give a brief description of criminal law.
Key words: corruption crimes, corruption in the state's military organization.
ID number of the article in STC "Informregistr": 0421200099\0036

19. T.L. Kozlov, PhD, vpravo@mail.ru
Corruption offenses in the military: the concept and classification.
This article discusses various approaches to the definition of corruption offenses, proposed the concept of author and the classification of offenses of corruption in the military, given their general characteristics.
Key words: corruption offenses in the military, the concept of corruption, the classification of corruption offenses.
ID number of the article in STC "Informregistr": 0421200099\0037

20. Kharitonov, S., PhD, Associate Professor, vpravo@mail.ru
On measures of organizational and legal measures implemented by commanders (chiefs), anti-corruption.
This paper identifies priorities and measures of organizational and legal nature, carried out by officials of the military authorities, to combat corruption in the army.
Key words: anti-corruption, corruption offenses orientation, commanders (chiefs).
ID number of the article in STC "Informregistr": 0421200099\0038

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