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Военное право
Военное право

Электронное научное издание "Военное право" 2013г.


Magazine "Military law". Release № 2, 2013

1. Natalia Prosandeeva – а doctor of philosophy, a professor of Department of Humanities and Social-economical science at Moscow Institute of Border, bardina_natasha@mail.ru
The counteract to a corrupt practice: legal systems in history.
The article is devoted to different forms of corruption crimes in states of antique and modern history, as to methods of its interrupting. A special place gave to laws and reforms of Peter the Great, which mentally fights with specific Russian forms of corruption. The author notes: all anti-corrupt campaign are unusable without fundamental changes of ideals and values in society.
Key words: corruption, forms of corruption crimes, specific Russian forms of corruption, bribery, embezzlement, laws of Peter the Great, anti-corrupt campaign.

2. Y.A. Nikolaev, lawyer, applicant degree of Candidate of Military Sciences of the University, pvs1997@mail.ru
The state defense order as a system-legal phenomenon.
In article on the basis of the analysis of researches of scientists and positions of standard legal certificates position that the state defensive order is the system which structure consists of operating and operated subsystems is proved.
Key words: the state defensive order, target programs, arms government program, control, legal regulation, arms, military technology, a defensive complex.

3. Merkur'ev V., PhD, Professor, Head of Department of Public Prosecutions and the strengthening the rule of law in the federal safety interethnic relations and anti-Extremism Research Institute of the Academy of General Prosecutor's Office; Agapov P., Ph.D., Associate Professor leading researcher of the same department.
The authors address the problem of implementation of criminal responsibility for aiding and abetting an illegal armed formation or participation in the Chechen Republic. Study of judicial practice in cases of crimes of terrorist nature, conducted by scientists at research institutes of the Academy in 2012 in one of the most complicated regions of Russia, revealed features of proceedings in such cases and give some guidance on the qualifications of the crime.
Key words: illegal armed formation, aiding and abetting, the implementation of criminal responsibility, pre-trial cooperation agreement, the Chechen Republic.

4. Koryakin V.M., PhD, pvs1997@mail.ru
Problems of legal regulation of delivery of goods, execution of works, rendering of services for needs of defence and military security.
In the article the analysis of the existing system of legal regulation of public procurements for the needs of defense and military security, the prospects for improvement of military legislation in this sphere.
Key words: defense; military security; procurement of goods, works and services for state needs.

5. P.Konashenkov, lawyer, pvs1997@mail.ru
In article from legal positions the aspects of incentive practice connected with standard uncertainty of concepts of bravery and the courage, being the bases for representation of the military personnel to rewarding with the state awards are considered. On the basis of the analysis of understanding of applied terminology a number of conclusions becomes, leaning on which need of modification of the Provision on the state awards of the Russian Federation is stated.
Key words: bravery, courage, system of encouragement of the military personnel, encouragement, state award.

6. Kapitonova E.A., PhD (Law), Associate professor of department of criminal law in Penza state university.
To a question on legal regulation of placing of the state defensive order.
The basic innovations in sphere of placing of the state defensive order, provided by the Federal law «About the state defensive order», come into force since January, 1st, 2013, are considered in article. The author also spends comparison of this law with positions before the operating legislation and states the point of view on prospects of its application in Russia.
Key words: state defensive order, order placing, defensive-industrial complex

7. Zdanowicz Y., seeker of the civil rights of the Military University of the Russian Defense Ministry, Kandidat888@mail.ru
The legal basis for liability under the supply goods for needs of defense.
The article is devoted to the study of the legal grounds for the liability of the parties of the state contract for delivery of goods for needs of defense. Main provisions.
Key words: The basic principles of responsibility. Characteristic features of responsibility for deliveries for the needs of defense.

8. N.Elina, kaf-gp@mail.ru
Relations of private and public law as viewed by the legislation on military property.
The article contains reasons for the author’s conclusion of the existence of private and public law in the legislation on military property, as well as the conclusion over the interconnectedness and interdependence of these principles in the said legislation. The author proposes a scientifically based classification of the existing legislation on military property, which divides it into public and private statutes of the law.
Key words: as viewed by the law, military property, private law, public law, rent, release, civil circulation, calculation, write-off, logistics, international legal regime.

9. Lt. Justice Dodomatov S.I., adjunct of department № 27 (Civil Law) of the Federal state fiscal military institution of higher education "Military University" of the Ministry of Defense, ansor7707@mail.ru
The problems of the implementation and protection of servicemen’s civil rights and the Armed Forces of the Republic of Tajikistan in a military conflict.
The article considers problems of implementation and protection of civil rights of the Armed Forces of the Republic of Tajikistan in a military conflict. In particular, the problems of compulsory state personal insurance, life and health of servicemen, the legal regulation of marriage and divorce, problems of inheritance, notarial acts involving military personnel, as well as the application of the statute of limitations for civil rights of military personnel. Particular attention is drawn to the fact that in the current legislation of the Republic of Tajikistan there is no mechanism for the legal regulation of the public relations and its specificity.
Key words: servicemen, the Republic of Tajikistan, the exercise of civil rights, the protection of civil rights, military conflict.

10.O.A. Bukanova, employee of the Center of Study the Problems of the Russian Law «Aequitas», 4yrsik@mail.ru
On some issues of the historical experience of administrative legal regulation of activities of the servicemen of the border authorities on the passage through the state border.
The article examines the historical experience of administrative and legal regulation of the activity of servicemen border authorities on the passage through the state border. Identifies the main stages of the historical development activities for the implementation of the checkpoints and its administrative regulation.
Key words: military, border authorities, border control authorities, administrative reform, border control, border crossing points, legislation.

11. Baranenkov V.V., vbaranenkov@yandex.ru, Doctor of the law, professor, professor of the National institute of the business.
Directions of development of the legal personality of the military unitary enterprises.
The article considers issues of the legal status of military organizations, the views of scientists and directions of improvement of the legal personality of military organizations.
Key words: military organization, legal status, legal personality of military organizations.

12. Svininyh E.A., candidate of legal sciences, associate professor of the department of civil law; Neh V.F., doctor of historical sciences, professor, vpravo@mail.ru
Institute of state purchases of goods, works and services for country's defence and state security in the pre-revolutionary Russian law.
This article surveys the institute of state purchases of goods, works and services for country's defence and state security in the pre-revolutionary Russian law.
Key words: government contract; defense procurement and acquisition; military legislation

13. Ermolovich Yaroslav Nikolaevich, The PhD in Law, professor of the criminal law department of Military university, pvs1997@mail.ru
Comparative analysis of the military-criminal legislation of Russian Federation and Republic of Poland.
In the article the author has analyzed the structure of the Polish military and criminal legislation, highlighted its differences from the Russian military and criminal legislation, including the detailed analysis of general principles of criminal liability of the militaries and systems of the punishments applied to the militaries. Also the comparative analysis of separate structures and types of crimes against military service according to the legislation of Russia and Poland is carried out. As a result of the analysis the author shows up a number of the characteristic features of Polish military criminal legislation, highlights positive and negative sides of the Polish criminal legislation in comparison with the Russian one and reveals a number of principles which could be used in the Russian practice.
Key words: criminal liability, militaries, military and criminal legislation, Republic of Poland.

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