The police and protection of human rights
Reference:
Bukalerova L.A., Dolzhikova A.V.
Law enforcement and organizational problems of complex examination of foreign citizens
// Police activity.
2015. ¹ 6.
P. 355-363.
URL: https://en.nbpublish.com/library_read_article.php?id=67195
Abstract:
The article contains the analysis of realization of the national migration policy of the Russian Federation. In modern circumstances, migration of highly skilled workers is an important source of human capital, ensuring economic growth and well-being of the recipient countries. In is no coincidence that the competition for such employees has an international scale; one of the strategic tasks is the creation of conditions and mechanisms for the attraction of the demanded highly skilled and qualified specialists, entrepreneurs and investors on a long-term basis. Therefore, it is important to develop the legal and organizational grounds of the complex examination of knowledge of Russian legislation of the foreign citizens, applying for temporary a residence permit, a residence permit, a work permit or a patent. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods, the authors use the methods of analysis, synthesis, comparison and measurement. The authors conclude that the migration legislation realization in the Russian Federation doesn’t completely correspond with the current and the future demands of economic, social and demographic development, the interests of employers and the Russian society in general. Thus, the authors suggest strengthening the government control over law enforcement and organizational grounds of the complex examination of knowledge of the Russian legislation of foreign citizens which will enhance migration processes and promote economic development and well-being of the Russian population.
Keywords:
adaptation of migrants, Russian language, examination for foreigners, illegal migration, immigration legislation, offences, migration policy, migration, educational organizations
Police enforcement
Reference:
Lapina M.A., Karpukhin D.V., Buchenkov G.A.
On the issue of the role of judicial practice for the determination of administrative offenñes as minor
// Police activity.
2015. ¹ 6.
P. 364-372.
URL: https://en.nbpublish.com/library_read_article.php?id=67196
Abstract:
The subject of the article includes the current norms of the Code of Administrative Offences of the Russian Federation, regulating the concept of insignificance of an administrative offence, and the materials of judicial practice of the Supreme Court of the Russian Federation, the Supreme Arbitration Court and lower courts, containing the normative and causal interpretations of determination of minor administrative offences. At present, the administrative punishments, contained in the provisions of chapters 14 and 15 of the Code of Administrative Offences, for the violations in the sphere of the economy and finances, in the form of an administrative fine, disqualification and administrative suspension of activity, are very significant from the position of negative property consequences for the subjects of administrative responsibility – individuals, legal entities and persons possessing the official status. At the same time, the Code doesn't contain clear grounds for determination of minor offenses, what causes problems and ambiguous approaches of judicial authorities.The methodological basis of the study comprises recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The authors conclude that it is necessary to ensure the legislative provision of the criteria of insignificance of administrative offences in the Code of Administrative Offences and to establish the list of compositions of administrative offences, which should not be determined as minor offences. The main contribution of the authors is the examination of the judicial practice and the revelation of ambiguity of interpretations of insignificance with respect to formal and material components of administrative offences.The novelty of the article lies in the proposals about the development of the criteria, regulating the insignificance of offenses.
Keywords:
minor offense, determination of offenses, punishment, administrative law, offence, administrative, officials, legal collision, act, right
Police enforcement
Reference:
Kuznetsova N.V.
On the issue of unification of criminal liability for the crimes in the sphere of foreign-economic activity in the Eurasian Customs Union member-states
// Police activity.
2015. ¹ 6.
P. 373-379.
URL: https://en.nbpublish.com/library_read_article.php?id=67197
Abstract:
The subject of the research includes the norms of criminal legislation, imposing responsibility for the crimes in the sphere of foreign-economic activity. The article considers customs crimes, committed on the territory of the Customs Union; analyzes the problems of national criminal legislation of the Russian Federation, Belarus and Kazakhstan, connected with the absence of a unified normative-legal base of the states, containing the unified list of penal actions, infringing the established order of foreign-economic activities, forms of punishment and other penal measures for such crimes. The methodology of the study is based on the general scientific dialectical method of cognition. Other methods also play a significant role: the formal-legal method, the comparative-legal method, the method of legal modeling, the statistical and other methods. The author comes to the conclusion about the need for the provision of economic safety of the Customs Union member-states through the unification of criminal legislation of the Russian Federation, the Republic of Belarus and the Republic of Kazakhstan, which should have the common comprehensive list of socially dangerous acts, considered as crimes on the whole territory of the Customs Union, the punishments for such crimes and other penal measures.
Keywords:
foreign-economic activity, customs crimes, the Customs Union, unification, punishment, smuggling, customs integration, economic activity, customs area, interaction
Police enforcement
Reference:
Korotaeva O.V.
Criminal liability for the infringement of the secrecy of the ballot
// Police activity.
2015. ¹ 6.
P. 380-386.
URL: https://en.nbpublish.com/library_read_article.php?id=67198
Abstract:
The subject of the study is the range of legal norms containing criminal liability for the crime specified in the article 141 of the Criminal Code of the Russian Federation – infringement of the secrecy of the ballot. The object of the research is the range of social relations emerging in the result of the infringement of the mentioned legal provision. Special attention is paid to the evolution of the criminal article, to the analysis of the position of the lawmaker on various stages of the existence of the Criminal Law in relation to the disposition of the article 141 of the Criminal Code, and to the analysis of judicial practice. The author considers the composition of the crime and reveals the gaps in criminal legislation, offering the measures for its improvement. The methodology of the research is based on the recent achievements of epistemology. The author applies theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling) and traditional legal methods (formal logical). The author formulates the measures for the improvement of the disposition of the article, specifying criminal liability for the infringement of the secrecy of the ballot. The novelty of the study lies in the suggestions about the development of forms and methods of criminal-legal regulation of liability for the crime, specified in the article 141 of the Criminal Code of the Russian Federation.
Keywords:
infringement of the secrecy of the ballot, method of crime, declaration of the will of the voter, electoral commission, referendum commission, judicial practice, subject of crime, candidate, voting, criminal law
Administrative activity of the police
Reference:
Bombitskiy A.M.
Theoretical aspects of the reasons for administrative liability for the violation of legislation on the contract system in the sphere of public procurement
// Police activity.
2015. ¹ 6.
P. 387-395.
URL: https://en.nbpublish.com/library_read_article.php?id=67199
Abstract:
The subject of the research is the range of legal and organizational problems of administrative liability application in the cases of violation of the legislation on the contract system in the sphere of public procurement. The author carries out the theoretical and legal analysis of the concepts of administrative liability. The paper presents the author’s positions on the concept of administrative offence in the sphere of public procurement. The main attention is paid to the development of methods and methodology of administrative-legal regulation of liability in administrative law. The methodology of the research comprises the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical), and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that recently, in order to ensure legality in the sphere of public procurement, it is necessary to enhance the forms and methods of administrative-legal regulation of this sphere. The main contribution of the author is the conclusion about the necessity to develop administrative-legal regulation of liability in the sphere of public procurement. The novelty of the research lies in the proposals about the development of forms and methods of government regulation of administrative liability and the creation of legal and organizational guarantees of legality in the sphere of public procurement.
Keywords:
auction, needs, state, purchase, contract, liability, offence, composition, competition, work
Operative investigation in police work
Reference:
Komakhin B.N.
Investigation and search operations as the main activity in detecting corruption crimes
// Police activity.
2015. ¹ 6.
P. 396-404.
URL: https://en.nbpublish.com/library_read_article.php?id=67200
Abstract:
The article focuses on the problems of legal and organizational measures of combating corruption by means of investigation and search activities. The article reveals the importance of investigation and search operations for the detection of corruption crimes at the present stage of development of our society. The author formulates the main directions of prevention of this phenomenon, paying particular attention to the operational experiment in the exposing of corrupt officials, describes the methods of detection of corruption crimes. The article defines the acts of corruption.The methodological basis for the article comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.).The author concludes that at present, in order to prevent corruption, it is necessary to improve the forms and methods of legal impact on those spheres of interaction of business and authorities in which the risk of corruption is significant. The main contribution of the author is the conclusion about the need for the development of legal regulation of investigation and search activity of the police in the sphere of combating corruption. The novelty of the article lies in the proposals for the development of forms and methods of public regulation of combating corruption and the creation of legal and institutional guarantees of investigation and search activity in the sphere of combating corruption.
Keywords:
extortion, bribery, police operative, prevention, law, crime, corruption, measure, identification, right
Preventative work of the police
Reference:
Petrov V.E., Abasov M.M.
Retro-reflecting elements as passive means of pedestrians’ safety ensuring
// Police activity.
2015. ¹ 6.
P. 405-412.
URL: https://en.nbpublish.com/library_read_article.php?id=67201
Abstract:
The article is devoted to the study of the variants of road safety improvement. Among the variety of approaches and means of pedestrians’ safety ensuring, the authors focus their attention on the passive means. The subject of a special attention is retro-reflecting elements. The authors study the accessible foreign experience and statistics of road accidents, involving pedestrians, and focus on such an affective and affordable instrument as retro-reflecting elements (flickers). The novelty of the study consists in the consideration and classification of the main types of retro-reflecting elements. The authors analyze the psychological mechanism of their impact on drivers and some aspects of perception. The authors conclude that it is necessary to broaden the sphere of development and use of retro-reflecting elements for pedestrians’ safety ensuring. The authors offer to improve the quality of flickers, their compulsory certification and the promotion of culture of personal safety ensuring among pedestrians. The information and analytical material is aimed at the guaranteeing of life and health of pedestrians and conforms to the modern tendencies and innovations in the sphere of road safety ensuring.
Keywords:
perception, flicker, retro-reflecting elements, passive means of safety ensuring, road safety, traffic accident, pedestrian, traffic police, traffic police officers, traffic light
Preventative work of the police
Reference:
Krasnenkova E.V.
On the issue of the necessity to determine prostitution as a bribe
// Police activity.
2015. ¹ 6.
P. 413-418.
URL: https://en.nbpublish.com/library_read_article.php?id=67202
Abstract:
The author of the article studies the role of giving a bribe as a condition for criminalization or decriminalization of prostitution. This activity is determined as a crime from the position of criminal law and, partially, of criminal procedure. The author notes the relative effectiveness of the mechanisms of criminal liability imposition and the difficulties of collection of evidence of the committed crime. For the demonstration of the necessity to determine prostitution as a bribe or the absence of a bribe, the author analyzes material and procedural law and their correlation with respect to prostitution. The methodological base of the study includes the set of general scientific and special methods: system-structural, analysis, synthesis, formal-legal, logical, comparative-legal, statistical and others. The author concludes that it is clear why non-material welfares, particularly, prostitution, are not considered as subjects of bribe. According to the current legislation, prostitution services proposed by the subject (a briber or a mediator) or paid by him should be determined as “giving of bribe”, “mediation in bribery”, “drawing into prostitution”, or “engagement in prostitution”. In this case there is also a problem of collection of evidence of the guilt.
Keywords:
criminalization, taking a bribe, prostitution, non-material welfares, bribe, subject of bribery, corruption, mediation, crime, bribery
Preventative work of the police
Reference:
Lapin A.A.
On the problems of victimological prevention of crimes and the measures of its improvement
// Police activity.
2015. ¹ 6.
P. 419-424.
URL: https://en.nbpublish.com/library_read_article.php?id=67203
Abstract:
The recent events demonstrate that criminality is still on the level, threatening the safety of the population. On the base of the analysis, the author concludes that criminality is still dangerous for the safety of the population. The author notes that within the crime prevention system, the work with the victims of crimes (victimological prevention) plays an important role. It is noted that anti-criminogenic potential of victimological prevention is used insufficiently due to several reasons. The research is based on the set of general scientific and special methods of cognition. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods of research the author applies the methods of analysis, synthesis, comparison, measurement. The comparative-legal method is used as a special research method. The analysis of the work of law machinery and the theoretical scientific works demonstrates that the issue of the use of the potential of victimological prevention is still the problem of today. Its solution is an urgent necessity, since the absence of victimological prevention of its insufficient use reduces the efficiency of prevention of crimes in general.
Keywords:
public safety, international experience, criminal law, victim, victims of crimes, victimological prevention, law machinery, crime, legal regulation, methodology of systematization
Financial and economical functions of Russian Ministry of Internal Affairs authorities and institutions
Reference:
Saidov Z.A.
On the correlation of economics and law and the tendencies of development of administrative and legal measures affecting economic relations
// Police activity.
2015. ¹ 6.
P. 425-448.
URL: https://en.nbpublish.com/library_read_article.php?id=67204
Abstract:
The article focuses on organizational and legal problems of administrative-legal regulation of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative-legal regulation of ensuring its safety. The article demonstrates the author’s positions on the concept of state regulation of the economy. The main attention is paid to the development of methods and methodology of administrative-legal regulation of safety of economic relations. The author analyzes the concepts of development of law and economics in the recent circumstances. The article shows the author’s positions on the interpretation and legal regulation of these categories. The methodology of the research is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal-logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure legality in the economic sphere, it is necessary to improve forms and methods of administrative-legal regulation of the economy. The main contribution of the author consists in the conclusion about the necessity to develop administrative-legal regulation of economic safety. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and institutional guarantees of legality in the Russian economy.
Keywords:
business, incentive, development, market, impact, state, correlation, economy, right, criminality
Financial and economical functions of Russian Ministry of Internal Affairs authorities and institutions
Reference:
Kurakin A.V., Saidov Z.A.
Financial control as a means of ensuring economic safety in the sphere of internal affairs
// Police activity.
2015. ¹ 6.
P. 449-459.
URL: https://en.nbpublish.com/library_read_article.php?id=67205
Abstract:
The article focuses on legal and organizational problems of administrative and legal regulation of financial control in the sphere of internal affairs. The authors carry out a detailed theoretical and legal analysis of the concepts of legal regulation of economic relations from the position of administrative-legal regulation of ensuring the financial safety of the state. The article demonstrates the authors' position on the concept of state regulation of financial relations in the sphere of internal affairs. The main attention is paid to the development of methods and methodology of administrative-legal regulation of financial and economic relations in the sphere of internal affairs. In addition, the article provides the theoretical and legal analysis of the concepts of development of law, economics and finance. The methodological basis of the article comprises the recent achievements of epistemology. The authors apply general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical), and the methods used in specific sociological studies (statistical, expert evaluation, etc.). The main conclusion is that at present, in order to ensure legality in the sphere of finance, it is necessary to improve the forms and methods of administrative-legal financial safety. The main contribution of the authors is the conclusion about the need for the development of administrative and legal regulation of financial safety in the sphere of internal affairs. The novelty of the article lies in the proposals about the development of forms and methods of state regulation of the economy and the creation of legal and institutional guarantees of legality in the Russian economy.
Keywords:
means, safety, police, The Ministry of Internal Affairs, sphere, finance, control, economy, money, Internal Affairs Agencies
The police and issues of the fight against terror and extremism
Reference:
Chvyakin V.A.
The theory of adaptive and psychological capacities of a person in extreme circumstances as an object of public regulation
// Police activity.
2015. ¹ 6.
P. 460-468.
URL: https://en.nbpublish.com/library_read_article.php?id=67206
Abstract:
The subject of the study is the range of legal and organizational problems of legal regulation of psychological safety of a person in extreme circumstances. The author carries out the theoretical and legal analysis of the concepts of legal regulation of psychological capacities of a person in extreme circumstances as an object of public regulation. The article demonstrates the author’s positions on the theory of adaptive and psychological capacities of a person. The main attention is paid to the development of methods and methodology of adaptive and psychological capacities of a person in extreme circumstances as an object of public regulation. The author carries out the theoretical and legal analysis of the concepts of development of law in extreme circumstances. The methodology of the research comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical) and the methods used in special sociological research (statistical methods, expert assessments, etc.). The author concludes that the development and the formation of the psychology of personal safety is the vital function of a person. Fundamental determination of vital functions of a person is based on his socio-biological nature. The aspiration of a person to narrow the area of danger is determined by the psychological factors which are comprehended as an incentive (reason, aim) which stimulates the person to act. In this case the motivation of safety presupposes the formation of a plan of actions, which are aimed at the implementation of the purpose contained in the motivation. Here we are dealing with a complex succession of adaptive response, the system of actions determined by the needs and guidelines of a person. Apparently, partially, it is a purpot of life as a social phenomenon with a biological basis – self-preservation and the inherent worth of life.
Keywords:
personality factor, danger zone, catastrophe, emergency, Accident, Prevention, Person, Psychology, Safety, Determination
Professional training of police officers
Reference:
Tarasevich I.B.
The criteria of adequacy of the language of law in an everyday legal conscience of police officers
// Police activity.
2015. ¹ 6.
P. 469-475.
URL: https://en.nbpublish.com/library_read_article.php?id=67207
Abstract:
The subject of the research includes the philosophical problems of the theory and logic of legal conscience and the determination of the quality of law in the police work. The article considers the problem of the language of law correspondence with the requirements of an everyday legal conscience. The author proves that the everyday legal conscience often endows the language of law with the features of the common language thus hampering the provision of its adequacy. The main attention is paid to the development of methodology of the lawmaking process quality improvement in the current socio-economic circumstances. The author carries out the theoretical and methodological analysis of the concepts of development of right and law. The article demonstrates the author’s positions on the interpretation and the legal ideology. The methodology of the study is based on the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling), traditional legal methods (formal logical) and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that recently, in order to provide legality in the sphere of internal affairs, it is necessary to improve the forms and methods of lawmaking process. The main contribution of the author is the conclusion about the need for the development of the theory and logic of police officers’ legal conscience. The novelty of the study lies in the suggestions for the development of the forms and methods of the lawmaking process and the creation of legal and organizational guarantees of legality in Russia.
Keywords:
criterion, legal conscience, conscience, employee, right, law, language, adequacy, accuracy, logic