scholarly journals FEATURES OF EXECUTION AND SERVING OF A SENTENCE IN THE FORM OF RESTRICTION ON MILITARY SERVICE

Author(s):  
V.V. Surin

The article analyzes the criminal and penal aspects of the execution and serving of a sentence in the form of restrictions on military service, as well as the specifics of regulating these issues from the point of view of legislation on military service. As part of the study, it was revealed that in modern conditions, there is a negative dynamics of crimes committed by military personnel and military punishments imposed. At the same time, against the background of significant modernization of previously existing legal norms regulating this type of punishment, there is a tendency to increase the proportion of restrictions on military service in comparison with other types of military punishments. The scope of legal restrictions imposed on a convicted serviceman has been clarified, taking into account the criminal and penal enforcement legislation and regulatory documents that determine the issues of military service. The possibility of using a complex of means of correction of convicts of a criminal executive nature, as well as methods of military education, which have a complex legal nature, is shown.

2021 ◽  
Vol 1 (91) ◽  
pp. 37-46
Author(s):  
Iveta Golta

In the Republic of Latvia, a soldier performs public service in the field of national defence and his/her legal status is a right guaranteed by the state, statutory duties, restrictions, and disciplinary liability, which are currently regulated by military law, administrative law and administrative procedure law. In addition to the regulation of special and general legal norms, a soldier also has important and binding moral values, because in Latvia "honour" is a characteristic of a soldier, which is inextricably linked to the soldier's profession both historically and of military service. Within the framework of the paper, the author has studied the concepts, essence, genesis and development of such values of a soldier as "honour" and "dignity", from the historical and modern point of view, both in civil life and military science. The author has also clarified their role in the legal status of a soldier and concluded that the existing legal status of a soldier should be elaborated and can be defined as a right guaranteed nowadays. Although not explicitly defined, it should be included in the legal status of a soldier as a military ethical requirement for his dignity and trust, integrity and duty in the performance by the state, statutory duties and restrictions, disciplinary liability and honor as a military ethical requirement.


Author(s):  
John V. Clune

This article argues that after 1973, participation in United Nations peacekeeping operations abroad enabled Ghanaian military personnel and their families to employ the infrastructure of international military cooperation to form an alternate global identity that was not simply larger than the nation-state. Ghanaian military families found the experiences of international military education and peacekeeping personally rewarding, but they also connected Ghanaians to global communities while weakening some national bonds. International military service provided Ghanaian families alternate strategies to negotiate economic insecurity in ways that strikingly resemble other diaspora communities, with an essential difference: in this case, Ghanaian soldiers families’ transnational identity still depended on functioning state agencies and international diplomatic processes to facilitate their travel.


Author(s):  
V. Artemov ◽  
N. Lytvynenko

The professional training of the modern military serviceman of the Armed Forces is an ongoing process that involves the formation of a person with high moral and business qualities, capable of qualitatively solving complex military and professional tasks in peacetime and special period. The training of military personnel is carried out against the background of global confrontation and hybrid aggression by the northern neighbor. One of the important components of the Armed Forces reform is the long-awaited reform for noncommissioned officers. It is planned to change the functionality of the sergeant corps, in essence, to form the necessary risk-oriented competencies for the sergeant, to make him an effective assistant to the middle-level commander and to create additional motivation for the citizens of Ukraine to undergo military service under a contract, which will facilitate the transition of the Armed Forces of Ukraine. However, the issue of risk-oriented competency formation for military personnel in the context of the transition to global security standards has still received little attention. The purpose of the article is to create a scientific foundation for the formation of risk-oriented competence of military personnel in the conditions of transition to the world security standards. On the whole, it can be stated that the level and quality of professional training of military personnel in Ukraine is at a satisfactory level, but needs improvement. Today, the military education system has received practical training, the advanced training methods of the NATO Member States' Armed Forces, as well as distance learning technologies have been introduced into the educational process, military education institutions are equipped with modern methods, but educational and methodological support for the risk orientation. According to current ideas, risk-based thinking and risk-oriented competence should be shared by every member of society. However, above all, this applies to those whose professional activity depends on the security of the state and society.


Author(s):  
Вадим Манцурович Бикбаев

В статье рассматриваются особенности, проблемы, противоречия и перспективные направления совершенствования иноязычной коммуникации в рамках профессионального становления офицера. Отмечается, что формирование иноязычной коммуникации офицера главным образом определяется внутренней мотивацией, связанной с осознанием необходимости изучения и применения иностранного языка в рамках профессиональной деятельности, а также с учетом взаимосвязанных между собой педагогических, личностных, профессионально-деятельностных и психологического факторов, характерных для военного образования и военной службы. The article discusses the features, problems, contradictions and perspective directions for improving foreign language communication in the professional development of an officer. It is noted that the formation of foreign language communication of an officer is mainly determined by internal motivation associated with the awareness of the need to learn and use a foreign language in the framework of professional activities, as well as taking into account the interrelated pedagogical, personal, professional and psychological factors specific to military education and military service.


2017 ◽  
Vol 27 (6) ◽  
pp. 832-850 ◽  
Author(s):  
Jan Grimell

Dialogical Self Theory has contributed to the endeavors to map and grid self-identity work in transition from military to civilian life throughout an empirical and longitudinal research project which focuses on existential dimensions. This article is based on a case study from this project and centers upon Sergeant Jonas, who, upon his return from deployment in Afghanistan, struggled with his transition as a new existential position was vocalized throughout the following annual interviews. This voice narrated feelings of meaninglessness, emptiness, and of having been deceived. In turn, this existential voice required an answer to a question which apparently had no answer. The meaning-making eventually evolved into an acceptance which enabled Jonas to proceed with his life. Dialogical processes between positions are important in order to go on with life amid existential concerns in the aftermath of military service since dialogicality of the self opens up a complex of dynamics of meaning-making processes, negotiations, and transformations. Based on the findings, it is suggested that the Personal Position Repertoire could potentially be strengthened by the addition of an internal existential position to its standard repertoire, at least when working with military personnel and/or veterans.


2021 ◽  
Vol 11 (4) ◽  
pp. 4306-4319
Author(s):  
Vadym Ryzhykov ◽  
Kira Horiacheva ◽  
Oleksandr Bondarenko ◽  
Oleg Prokhorov ◽  
Anatolii Yurkov

Research on military education under the rapid development and growth of armaments and equipment is booming. The field is continually gaining more key insights about this important and complex pedagogical problem. Academic interest on the systemic approach in the development of military education has consistently been a multidisciplinary effort. But perhaps systemic approach in pedagogic researchers are particularly well situated to be the leading voices on the public’s understanding of military education and many are heeding the call. With that responsibility in mind, in this paper, we offer to consider four elements of the educational process for the future of pedagogic research that we believe can help focus this line of inquiry to better ensure we address some of the most pressing problems. Based on critical assessments of the gaps in the literature, the paper cites the need to combine all elements of the educational process into a single system to achieve a focused result in the training of military personnel in educational institutions. Our list is not exhaustive, nor do we suggest that areas we do not cover are not important. Rather, we make these observations with the goal of spurring a conversation about the future of military education research, but especially a systemic approach in the development of military education.


Author(s):  
Sergey Aleksandrovich Kuzmin ◽  
◽  
Lyubov Kuzminichna Grigorieva ◽  
Margarita Vadimovna Mirzaeva ◽  
◽  
...  

In the context of the reform of the Armed Forces of the Russian Federation and a significant increase in the proportion of military personnel doing military service under contract, the issues of manning the troops with healthy, physically developed citizens with high moral and business qualities are of paramount importance. Of particular importance in the selection of candidates for military service under the contract is the conduct of laboratory and instrumental studies, professional and psychological selection, determination of the level of citizens’ physical fitness. The Federal Law «On Military Duty and Military Service» defines a two-stage system for medical examination of citizens entering military service under contract, which is necessary as a barrier in order to prevent citizenswho do not meet the necessary requirements for military personnel from entering the Russian Armed Forces. At the first stage (preliminary examination), the military and medical examination of citizens was carried out by specialist doctors working in medical organizations of the outpatient-polyclinic link of municipalities at the place of citizens’ permanent residence. Medical specialists of the regular military medical commission of the military commissariat of the constituent entity of the Russian Federation participated in the second stage (final examination) of the military medical examination. During the five-year period under study, 5,133 citizens (72.9 %) were selected out of 7,043 candidates for military service under contract, who fully met all the criteria for defenders of the Fatherland.


Author(s):  
Mardonov Bahodir ◽  

The article is devoted to the issues of training military personnel in the context of independence of our country. Based on the analysis of the research done in this area, the author puts forward the directions of further strengthening and development of our national army on the basis of spiritual values. The article also shows the prospects of educating the younger military generation in the spirit of patriotism, based on the national historical experience.


2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.


2018 ◽  
Vol 20 (1) ◽  
pp. 64-82
Author(s):  
Yafit Sulimani-Aidan ◽  
Yuval Paldi

Summary This exploratory study deals with biological parents’ involvement in residential placement in Israel from the point of view of 79 youth who left care. It presents youth’s retrospectives on their parents’ involvement in care and the degree to which the placement staff involved parents in reality. The youth functioning while in care and after leaving were also examined according to their parents’ involvement. Findings Results show that only a quarter of the youth reported that staff involved their parents on a regular basis. T-tests and chi square tests showed significant differences in functioning between young adults with high and low parental involvement. Youth whose parents were more involved had better educational achievement in care and after and reported significantly lower involvement in risky behaviors than those with lower parental involvement. However, no group differences were found regarding outcomes in adjustment to military service and financial status. Applications The findings emphasize the gaps in parental involvement in care by staff and the potential contribution of engaging biological parents in the lives of their children while in care and toward emancipation.


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