Administrative activity of the police
Reference:
Panshin, D.L.
Seizure of a driver’s license: grounds and procedure of its application.
// Police activity.
2014. ¹ 4.
P. 327-334.
URL: https://en.nbpublish.com/library_read_article.php?id=65326
Abstract:
The object of studies involves seizure of driver’s license as a guarantee of imp lementation
of the decision on disqualification from driving vehicles, grounds and procedure for
application of this type of procedural guarantee in an administrative offence cases, seizure
of driver’s license or tractor driver’s license as a consequence of deprivation of a driver from
driving vehicles, procedure for bringing persons avoiding giving in their driver’s license to
administrative responsibility, procedure for the seizure and the means of registering the moment
for giving in the driver’s license. The method of studies involved analysis of the situation
regarding road accidents in Russia, studies of the current administrative legislation on
guarantees in administrative offence cases via seizure of documents having value for a case.
Scientific novelty of the article is due to the fact that the author offers the officials of internal
affairs bodies to seize driver’s licenses at the stage of initiation of administrative offence cases
involving possible punishment in form of loss of right to drive vehicles. The author also offers
to introduce administrative responsibility in cases when a person avoids performance of an
obligation to give in his driver’s license to the officials of internal affairs bodies via the Act of
Seizure. The author also offers to amend the procedure for deprivation of a right to drive vehicles,
providing for seizure of a driver’s license as a consequence.
Keywords:
deprivation, decision, implementation, responsibility, grounds, procedure, license, seizure, right, driving vehicles.
Administrative activity of the police
Reference:
Tadzhibov, V.R.
Procedural acts and their implementation in jurisdiction activities of the police.
// Police activity.
2014. ¹ 4.
P. 335-348.
URL: https://en.nbpublish.com/library_read_article.php?id=65327
Abstract:
The changes of the last decade in social, economic and political spheres made the
issues of strengthening lawfulness and legal order, protecting persons, society and state especially
topical. However, as the practice has shown, the goals and principles of rule-of-law
state did not yet become a reality. Moreover, currently the state is not capable of reliably protecting
life, health and dignity of a person, guaranteeing strict compliance with legislation and
its due implementation, the state fails to duly fight various offences, which serve as the nutrient
medium for the criminal encroachments. It may be proven by the tendency for the growing
number of administrative offences. That is why, it is important to form a balanced and substantiated
policy on administrative punishments, being a significant part of the protective policy of
the state and having an influence upon a wide range of social relations. The methodology of
the article involves provisions of general scientific dialectic cognition method. Additionally, the
author used specific scientific and legal methods: historical, comparative legal, logical legal,
systemic structural, formal logical, and document analysis. Use of other disciplines in addition
to legal ones allowed the author to avoid an overly narrow approach to the relevant issue.
Resolving these problems is closely connected with the improvement of the organization of
proceedings on administrative offences cases in the internal affairs bodies, since upon the initiative of these bodies tens of millions of people are brought to administrative responsibility.
In addition, a comprehensive study of organization and implementation of proceedings on
administrative offences cases in internal affairs bodies is topical due to the ongoing drafting of
a new Administrative Offences Code of the Russian Federation, which shall take a significant
place within the legislative practice of the internal affairs bodies.
Keywords:
police, policeman, coercion, form, process, act, implementation of law, control, influence, status.
Preventative work of the police
Reference:
Obydenova, T.V., Badalov, M.M.
On the issue of prophylactics of offences and crimes among the juveniles.
// Police activity.
2014. ¹ 4.
P. 349-357.
URL: https://en.nbpublish.com/library_read_article.php?id=65328
Abstract:
Children form over a quarter of the population of the Russian Federation. In the
course of social and economic reform state and municipal bodies have failed to guarantee
necessary means of protection of juveniles from downsides and negative consequences of
the transitional period. Difficulties in social and political situation in Russia put many juveniles
into critical situations. Crises in many state administration spheres had a negative influence
upon the situation in the sphere of juvenile offences. As the studies have shown juveniles have
formed a criminally active segment of population in Russia. In the process of research the
article involved both general scientific methods (analysis, synthesis, generalization, deduction,
induction, etc.) and specific scientific methods (comparative legal method was involved
in studying the legislative norms regarding activities of internal affairs bodies in the sphere
of prevention of offences committed by the juveniles); documental analysis in the sphere of
thesis study. The methods of research allowed to deal with the large amount of empirical
materials via observations of the authors within the relevant aspects of thesis studies. In the
process of studies the researchers studied the materials on administrative activities of the internal
affairs bodies in the sphere of prevention and interception of juvenile offences, as well
as to state reports on situation regarding children in the Russian Federation. Criminal statistics
showed a rather small growth of juvenile crime till 1990s (about 11-12% each five years).
Starting with 1991 there was a rapid growth of juvenile crime. In 1991-2014 the marker showed
46 per cent. Currently juveniles are among the most criminal categories of persons. Juvenile
crime in Russia has been growing about six times faster than general number of persons in
this age category. The juveniles now commit illegal acts, which were previously typical for
grown-up criminals (selling weapons, narcotic and psychoactive substances, high technology
crime, robbery, failure to comply with the lawful requests of a police officer, etc.).
Keywords:
police, Juvenile Delinquents Divisions, child, juvenile, police, prophylactics, method, form, coercion, conviction.
Serving in the police
Reference:
Kuzmin, A.V.
On the issue of role of head of the internal affairs body in the matter of education of police
personnel.
// Police activity.
2014. ¹ 4.
P. 358-362.
URL: https://en.nbpublish.com/library_read_article.php?id=65329
Abstract:
The article deals with legal and organizational fundamentals for the work of the head
of internal affairs bodies in administrating the process of education of police personnel. Base
dupno the analysis the article provides proposals on improvement on educating work in the
police divisions. Strengthening the cadres in the divisions of internal affairs bodies of the MIA
of Russia. The cadres policy should first of all be based upon a modern and efficient system
of professional education of the police cadres. While speaking at the extended meeting of the Board of the Ministry of Internal Affairs of the Russian Federation on March 21, 2014 the
Minister of Internal Affairs have noted that “the level of knowledge of the personnel joining
the service in the upcoming years is very important for us”. The methodological basis for the
scientific article was formed by the current achievements of the theory of cognition. In the
process of studies the author used general philosophical, theoretical and empiric methods
(dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling),
traditional legal methods ( formal logic method), and methods typical for specific sociological
studies (statistical, expert evaluation, etc.). Currently, the issue of formation of professionally
competent, cultured and psychologically resilient staff of the Ministry of Internal Affairs of the
Russian Federation is a topical one for the development of internal affairs bodies. Heads of
internal affairs divisions play an important role in efficient education of the police officers. Role
of the head of the internal affairs body is obvious, since he influences formation and preservation
of healthy moral and psychological atmosphere among the staff. Disciplinary Charter of
the Internal Affairs Bodies obligates the heads of divisions at all levels to guarantee compliance
of their staff with the legislation of the Russian Federation, to analyze the situation in the
sphere of discipline, moral and psychological climate in the internal affairs bodies. According
to this normative legal document head (director) of a division is personally responsible for the
preservation of professional discipline in his division of internal affairs body.
Keywords:
education, management, police, policeman, cadres, DIA, MIA, CD MIA, service, Charter
Foreign police forces
Reference:
Radochina, T.N.
British experience of prophylactics of offences with the mounted police divisions
// Police activity.
2014. ¹ 4.
P. 363-369.
URL: https://en.nbpublish.com/library_read_article.php?id=65330
Abstract:
the object of studies involves a combination of conceptual issues within the institution
of mounted police of the Great Britain: history of its formation, main goals and
functions of the mounted police divisions, professional requirements to the staff of these
police divisions and the conditions for joining the service, education and training of an officer
of mounted police division and training the horses. In addition the article points out
specific attitude of the English society to the mounted police division, which is reflected in
the practice of the British courts regarding the offenders attacking mounted policemen and
their horses. One of the aspects of study in this article involves the problems of funding the
mounted police divisions in the modern conditions and possible ways out of the situation
threatening with the abolition of this type of police in many modern states. Methodology of
the study involves a combination of methods: historical, sociological, comparative legal,
formal logic, induction and deduction, practical analysis of administrative and criminal
cases regarding activities of the mounted police in the Great Britain. Scientific novelty
is due, firstly, to the modern consecutive historical analysis of the institution of mounted
police divisions of the Great Britain from the moment of its formation in 1976 and to our
days. Secondly, the materials on the modern functional purposes of the mounted police in
the new conditions, training of officers and horses for the service in this division are quite
novel as well. Thirdly, novelty is involved in the analysis of the latest problems regarding
funding and preservation of this type of police, causing on one hand the state measures
for limiting such police formation, and on the other hand active opposition of the general
public to the processes of dissolution of mounted police and liquidation of police horses,
showing its significant input into preservation of the public order and lawfulness.
Keywords:
mounted police of the Great Britain, history, goals, functions, priorities of a mounted policeman, requirements to candidates, judicial practice, modern problems, support of the general public, perspectives.
Supervision of the police
Reference:
Grishkovets, A.A.
The Public Council under the auspices of the Ministry of Internal Affairs of the Russian
Federation as an instrument of control over the police.
// Police activity.
2014. ¹ 4.
P. 370-384.
URL: https://en.nbpublish.com/library_read_article.php?id=65331
Abstract:
The article involves analysis of legal and organizational problems regarding public
control in the system of the MIA of Russia, paying attention to the forms and methods of relevant
types of control. Based upon the analysis the author forms proposals for the improvement
of the control mechanisms within the system of the MIA of Russia. As a results of the
reform in the system of the MIA of Russia and adoption of the Federal Law of February 7, 2011
“On Police” the fundamentals of public control over the police activities were considerably
strengthened. While recognizing importance of this matter, it should be noted that currently
the leaders of the MIA of Russia evaluate the interaction of their structure with the institutions
of the civil society among their top priorities. The methodological basis for the scientific
article was formed by the current achievements of the theory of cognition. In the process of
studies the author used general philosophical, theoretical and empiric methods (dialectics,
systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional
legal methods ( formal logic method), and methods typical for specific sociological studies
(statistical, expert evaluation, etc.). Currently the main accent in the development of the public
formations in the sphere of preservation of public order is made upon the formation of public
councils under the auspices of the government bodies, and, importantly, providing their activities
to be real, and not just formal ones. It is obvious that it does not suffice to form a relevant
public council, it is necessary for this council to be capable to influence administrative decisions,
including those on cadres issues, within the framework of the current legislation. The
President of the Russian Federation pointed that out in his Address to the Federal Assembly
of 2013, where he specifically mentioned that public councils should be formed under the auspices
of federal and regional executive bodies.
Keywords:
council, MIA, police, policeman, officer, lawfulness, legal order, discipline, organ, form.
Legal commentary
Reference:
Astanin, V.V.
Review of the PhD thesis of Bagmet M.A. “Fighting corruption in police (a criminological
study)”.
// Police activity.
2014. ¹ 4.
P. 385-390.
URL: https://en.nbpublish.com/library_read_article.php?id=65332
Abstract:
The article provides analysis and evaluation of scientific and practical importance of
a PhD thesis on criminology regarding fighting corruption in police. The author discusses the
key positions of the PhD thesis regarding testing authenticity of results and recommendations
on prevention of corruption crime in a specific professional environment. The author discusses
specific features of scientific school in the sphere of criminology, within which the PhD thesis
was written. The problem of corruption and fighting its multiple manifestations is very topical in
many respects: disciplines, consequences, reaction, spread, etc. It is quite rarely that truly topical
aspects of anti-corruption issues are singled out of these long lists, becoming institutional
due to common character and false beliefs in incurability of corruption. The methodological
basis for the dissertation was formed by the current achievements of the theory of cognition. In
the process of studies the author used general philosophical, theoretical and empiric methods
(dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological
studies (statistical, expert evaluation, etc.). While establishing topicality of the study, one
should take into account the institutional problems. Corruption in the police lowers efficiency
of implementation of state assignments on guaranteeing security of person, society and state.
The general consequences of spread of corruption in the police include a weak society and,
consequently, a weak state. The degree of substantiation of scientific positions, conclusions
and recommendations provided for in a PhD thesis depend on whether object, subject and
goals of the study are correctly established. The object of studies in the PhD is a complex of
social relations, causing criminological opposition to corruption crime in police. The immediate
object of studies involves general and criminological characteristics of corruption in police, its
cause-and-effect links, personality of a corrupt officer and victim of such a crime, general and
specific anti-corruption measures for the prevention of corruption in the police.
Keywords:
police, policeman, corruption, opposition, fighting, coercion, responsibility, sanction, method, corrupt