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Военное право
Военное право

Электронное научное издание "Военное право" 2013г.


Magazine "Military law". Release № 4, 2013

1.Rusinova V. N., Ph.D. in Law, Associate Professor, Deputy Head of the Chair for International Law at the Faculty of Law of National Research University «The Higher School of Economics», vrusinova@hse.ru
Principle of Military Necessity in International Humanitarian Law: Is Its Oblivion Justified?
The author indicates three effects of its existence: firstly, military necessity has been already taken into account in norms of International Humanitarian Law, unless otherwise explicitly provided; secondly, military necessity serves as a condition for application of these norms; thirdly, principle of military necessity limits the parties of the conflict in their choice of means and methods of war.
Key words: armed conflicts, International Humanitarian Law, military necessity, means and methods of war.

2. Baranenkov V.V., doctor of law, Professor, Professor of the NIB;
Smorchkova L.N., candidate of legal Sciences, associate Professor, associate Professor of the NIB, pvs1997@mail.ru
How to improve the quality of legal dissertations (typical disadvantages admitted at writing and design thesis in "Martial law, the military problems of international law", and ways to overcome them).
The article contains methodical recommendations on increasing the quality of legal dissertations, description of typical mistakes in dissertations under military law, measures for their prevention.
Key words: quality of postgraduate research, content of the dissertation, military law.

3. M.S. Sokolov, сandidate of Law, pvs1997@mail.ru
Some of issues of information protection.
The article deals with the problems of information security. Considered a typical threat to the classified information. Describes the problems of information protection. Indicate the need to reform the relevant legal framework. Provides specific recommendation.
Key words: information security, classified information.

4. M.V. Arzamastsev, chief consultant at the Department of Constitutional foundations of Criminal Justice of the Secretariat of the Constitutional Court of the Russian Federation, candidate of legal sciences, maxim077@mail.ru
Compatibility of the legal status of the soldier with certain types of criminal penalties.
In article the problems, connected with the imposition of certain types criminal penalties to the soldiers, are considered. It is proposed to expand the list of criminal measures that can be assigned to servicemen undergoing military service under the contract.
Key words: сriminal penalties, soldiers, the applying of punishment.

5. Lumpov E.A., lawyer, pvs1997@mail.ru
Responsibility of the federal military security for administrative offenses.
This article is devoted to the problems of attracting servicemen of the federal security service responsible for administrative offenses. More details will be disclosed institutes administrative and disciplinary responsibility of the military.
Key words: Responsibility soldiers for administrative offenses, the administrative responsibility of military, disciplinary liability of servicemen.

6. Drobyshev M., The post-graduate of the Civil Law Chair Of the Russian Law Academy of the Ministry of Justice of the Russian Federation, drobyshev.mg@mail.ru
Intellectual property in the area of military-technical cooperation: problems and defensive mechanisms.
In this article author considers problems in the sphere of intellectual property protection in the aspect of military-technical cooperation and the consequences should arise. Author gives an overview of the roots of such type of problems, measures, taken by the legislative and administrative organs of Russian Federation, offers some suggestions on how to liquidate these problems and get rid of negative impact.
Key words: intellectual property, results of intellectual activity, military-technical cooperation.

7. Koroleva O.Y., Lawyer, koroleva_oksana1@mail.ru
Characteristics of legal status of an authorized officer - soldier border authorities, performing the use of sanctions to foreign citizens for administrative violations in the field of protection of state border.
Тhe Article covers the problems of the servicemen of the border authorities of sanctions to foreign citizens for administrative violations in the field of protection of state border of the Russian Federation
Key words: State boundary, military people, foreign citizens, deportation (leaving), offence, punishment.

8.S.B. Matviychuk, Institution of Education Trade Union Federation "International University" MITSO ", PhD, associate professor;
S.V. Pavluschik, of legal disciplines faculty internal forces EE "Military Academy of the Republic of Belarus", matviu@tut.by
Histopy of military law in Belarus.
The article investigates the topic of formation and development of military law in the Republic of Belarus. We study the scientific approach of legal scholars regarding the possibility and necessity of separation of military law as an independent branch of law. Particular attention is paid to the periodization of the stages of development of military law in the states in which the various stages of the history of Belarus was included. On the basis of the findings with the main directions of development of military law.
Key words:The armed forces, military organization, governance, security, and defense.

9. Bogdan V.G., pvs1997@mail.ru
New in providing performance of obligations with the parties of the state contract within federal contract system.
In article the last changes in the legislation on purchases of goods, works, services for the state and municipal needs regarding providing the performance of obligations connected with creation of federal contract system are analyzed. The emphasis is placed on the experience received as a result of practice of application of the Federal law 94-FZ.
Key words: providing performance of obligations, state contract, bank guarantee, purchases of goods, works of services.

10. Kalinin S.I., pvs1997@mail.ru
Features classification norms of the law on the protection of public order and public safety.
Тhe article covers issues of legal regulation of activities of government and other bodies in the sphere of protection of public order and public security classification of normative legal acts on this issue.
Key words: public order, public security, law and order; the military law and order.

11. Plenkin N., pvs1997@mail.ru
Corruption offences and responsibility of military men.
Тhe article considers issues of legal liability of servicemen for corruption.
Key words: corruption; corruption; corruption these crimes; corruption disciplinary offences; corruption administrative violations; legal liability for corruption offences.

12. Svininyh E.A., vpravo@mail.ru
Legal Limits of Outsourcing U.S. Department of Defense Functions.
The article examines the experience of the United States to consolidate at the normative level list of U.S. Department of Defense functions, which are not subject to outsourcing. The author points out the reasons for the establishment of legal limits outsourcing of U.S. military, as well as related issues.
Key words: government contract; state procurement; contracting out; outsourcing; privatization; U.S. Department of Defense; private military companies.

13. R. Ormokoev, vpravo@mail.ru
Legal education in the optimal system of crime prevention military personnel of the Armed Forces of the Kyrgyz Republic.
The article considers the importance of legal education in the prevention of crime in the Armed Forces of the Kyrgyz Republic, reasons for the decline of educational influence on all categories of Kyrgyz military personnel and the tasks of military command in the construction of the necessary organizational and legal measures for the organization and conduct of the compounds, units and institutions effective legal education in the Armed Forces of the Kyrgyz Republic.
Key words: legal education, educational impact, crime prevention, Kyrgyz military, military crime, the Armed Forces.

14. Sheirenov B.SH., vpravo@mail.ru
Comparative legal analysis of the legal position of the armed forces of foreign countries for use in the domestic legislation of the Kyrgyz Republic.
The article analyzes the legal status of the armed forces of foreign countries in order to use certain legal norms in the domestic law of the State.
Key words: armed forces, military law, external and internal functions of the armed forces.

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