Question at hand
Reference:
Baranov V.V.
Organization of legal regulation of internal affair bodies aimed at the Internet extremism prevention
// Police activity.
2016. ¹ 6.
P. 535-542.
URL: https://en.nbpublish.com/library_read_article.php?id=68429
Abstract:
The research subject is the statutory instruments, regulating the work of internal affairs bodies, aimed the prevention of and the struggle against extremism. The paper reflects the key aspects of legal regulation of internal affairs bodies’ work, aimed at the Internet extremism prevention. The author applies the range of sources, including the Mass Media materials and the examples of practical activities of internal affairs bodies in the sphere of the Internet extremism prevention. The author outlines the positive and the negative features of legal regulation of the work of internal affairs bodies in this sphere; reflects the specific features of legal regulation of cyber extremism combating. The research method is the normative-logical method. The research methodology is based on the dialectical materialism and the related general scientific methods of cognition, including analysis, synthesis, comparison and other methods of jurisprudence. The scientific novelty of the study consists in the consideration of the issues, related to the development of proposals about the improvement of the work of internal affairs bodies, aimed at the Internet extremism prevention. The formulated conclusions are based on the assessment of analytical data and the study of statutory instruments in this sphere. The author proposes the measures of improvement of legal regulation of the work of internal affairs bodies in the sphere of the Internet extremism prevention.
Keywords:
administrative responsibility, administrative law, cybersecurity, vulnerability, global network, prevention, internal affairs bodies, legal regulation, extremism, Internet
The police and protection of human rights
Reference:
Mar'yan G.V., Kursaev A.V.
The exercise of the right to weapons collecting by citizens
// Police activity.
2016. ¹ 6.
P. 543-550.
URL: https://en.nbpublish.com/library_read_article.php?id=68430
Abstract:
The study considers administrative and legal procedures of the exercise of the right to purchase weapons for collecting by the citizens of the Russian Federation. The authors pay special attention to the allocation of functions between the Ministry of Internal Affairs and the Federal National Guard Troops Service of the Russian Federation in weapons control. The authors analyze the provisions of the Russian legislation about the types of weapons which can be collected. Special attention is given to the licensing in weapons turnover. The authors substantiate the necessity to increase the quality of legal regulation of relations in the sphere of weapons collecting. The authors suggest improving the weapons turnover mechanism in general. The research methodology is based on the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal logical) and the methods of specific sociological studies (statistical, expert assessments, etc.). The authors conclude that at the present time, the rules of weapons collecting are governed by the Federal Law “On weapons”; this law establishes administrative regime of weapons turnover. In addition, the legislator establishes only the peculiarities of this legal regime, conditioned by the purposes of collecting. At the same time, ancient weapons collecting if prohibited in some countries.
Keywords:
gun, responsibility, citizen, rule, law, regime, turnover, collection, weapons, control
Forms of police activity
Reference:
Kashkina E.V., Khandogina A.V.
On the “observation” and “influence” concepts in the work of police officers, responsible for administrative supervision over persons released from prison
// Police activity.
2016. ¹ 6.
P. 551-560.
URL: https://en.nbpublish.com/library_read_article.php?id=68431
Abstract:
The research subject includes the legal provisions, regulating the activities of police officers, connected with the administrative supervision over former inmates. The authors analyze the concepts “observation” and “influence” on the base of the criteria of “control” and “monitoring”, underlying the supervisory activities of police officers. The authors study the “observation” and “influence” concepts and attempt to define the essence of the work of police officers in this sphere. The research methodology is based on the dialectical method along with the comparative-legal method and the method of logical analysis of statutory instruments and scientific works. The authors attempt to reveal the essence of the “observation” and “influence” concepts, define their relation to such categories as “control” and “monitoring” for the purpose of substantiation of the essence of the work of police officers, connected with administrative supervision over persons released from prison. The authors formulate practical proposals, aimed at the improvement of the legislation, regulating the work of police officers in this sphere.
Keywords:
person under supervision, monitoring, observation, responsibility, restrictions, behaviour corrrection, control, impact, influence, analysis
Administrative activity of the police
Reference:
Roman'kova S.A.
The point-based system of registration of offences as an instrument for dangerous drivers detection
// Police activity.
2016. ¹ 6.
P. 561-567.
URL: https://en.nbpublish.com/library_read_article.php?id=68432
Abstract:
The research object includes social relations, emerging in the process of implementation of its jurisdictional powers by the State Traffic Safety Inspectorate for ensuring the rules of the road observance and prevention of their violation caused by dangerous driving. The research subject includes the tasks and functions of the State Traffic Safety Inspectorate in road safety ensuring and dangerous driving prevention; the statutory instruments, regulating the powers and administrative and jurisdictional activities of the State Traffic Safety Inspectorate. The research methodology is based on the system approach and the related general and specific research methods (historical, comparative-legal, formal-logical) and the methods of sociological studies (statistical, expert assessment, documents analysis). The author proposes the point-based system of offences registration for the detection of dangerous drivers and the implementation of principles of jurisprudence – unavoidability of responsibility and individualization of punishment in each particular case of the rules of the road violation by drivers.
Keywords:
administrative punishment system, suspension of a driving licence, penalty point, driver, road traffic accidents, motor vehicle driving, rules of the road, dangerous drivers registration, road accident, road traffic safety
Operative investigation in police work
Reference:
Fedorov A.V.
Priority directions of improvement of organisational and administrative framework of investigative activities
// Police activity.
2016. ¹ 6.
P. 568-579.
URL: https://en.nbpublish.com/library_read_article.php?id=68433
Abstract:
The subject of this research project is the analysis of the contemporary legal, institutional and administrative framework of investigative activities. The purpose of the research project is to identify the controversies and dysfunctions of the legal and institutional mechanisms and organisational mechanisms of criminal investigative activities, determining the priority directions of modernisation of regulatory provisions and the existent organisational and administrative mechanisms. The research methodology is based on the system and functional approach and the system and diagnostic analysis that had proved their effectiveness during the research, analysis and interpretation of problem-constituting triggers. The scope of application of the obtained results is dichotomous: these results can be used both as a scientific and methodological basis for the further investigation of the directions and procedures of modernisation of regulatory and legal framework of criminal investigative activities and as a source of practical and application-oriented recommendations, aimed at the optimisation of criminal investigative activities of operating units and specialists. The innovativeness of the author's approach is determined by the scientifically substantiated application-oriented recommendations in the sphere of criminal investigative activities modification. The reliability of the research results is based on the analysis and interpretation of a wide range of actual information, representing the contemporary state of criminal investigative activities. The suggested approach provides for the achievement of actual results, represented in the of conclusions, generalisations and recommendations presented below: the author defines the role and place of criminal investigative activities in the context of informational nontransparency and the emergence of hybrid criminal activity forms; the author outlines the problem-constituting contradictions within the study of the existent theoretical and methodological framework of criminal investigative activities; the author proves the prevalent role of criminal investigative procedures such as 'criminal investigation surveillance' and 'criminal investigation assistance'; the author substantiates the need for the modification of legal regulation of investigative activities; the author finds out that the investigative activities' effectiveness assessment is carried out by means of dysfunctional quantitative metrics within the index approach; the author carries out a comparative analysis of the newest evidential framework of investigative activities, implemented in temporary detention facilities and pre-trial detention centres (including the USSR experience), identifies the risks and restrictions of law enforcement.
Keywords:
documentation, crime detection, investigation assistance, investigative procedures, investigation surveillance, investigative measures, improvement, organisational and administrative framework, legal framework, investigative activities
Preventative work of the police
Reference:
Azhiba I.R.
Problems of prevention of means of transportation and railroad disablement (the case of the Republic of Abkhazia)
// Police activity.
2016. ¹ 6.
P. 580-585.
URL: https://en.nbpublish.com/library_read_article.php?id=68434
Abstract:
The irreplaceability of railway transport is obvious. At the same time, it is necessary to take steps to prevent crimes in this sphere. The most effective ways of means of transportation and railroads disablement prevention can be found using the complex approach by all public authorities, directly or indirectly connected with the transport of railroad system. Only the broadside approach to the implementation of the task of crime prevention in any sphere of social relations can lead to a fruitful result, expressed in the public understanding of the significance of the protected relations, the unavoidability of punishment, the social harm and the interest of the society in the avoidance of the wrongful act. The author applies the comparative-legal method, analysis and synthesis. The problems of prevention of means of transportation and railroad disablement in the Republic of Abkhazia haven’t been studied so far. It is obvious that railway transport in Abkhazia can’t be substituted by any other mode of transport. To prevent crimes in this sphere it is necessary to take the following steps: control by public authorities, work with the population, monitoring of public authorities by superior bodies for the purpose of control over the execution of their functions.
Keywords:
railroad, damage, wrongful act, crime prevention, prevention of crime, mode of transport, control, crime, public authority, criminal penalty
The police and issues in the fight against corruption
Reference:
Polukarov A.V.
International statutes aimed the struggle against corruption in the social sphere
// Police activity.
2016. ¹ 6.
P. 586-595.
URL: https://en.nbpublish.com/library_read_article.php?id=68435
Abstract:
The author considers such aspects of the topic as international legal standards of the struggle against corruption in the social sphere. Despite the serious character of the problem of corruption-related crimes in the social sphere – especially in the developing states – the existing international statutes consider the struggle against corruption in general, not paying any special attention to the corruption in the social sphere. Corruption in the social sphere is in the focus of specialized universal institutions, working in the social sphere (WHO, UNESCO); it is regulated by regional and supranational legislation. The author applies the set of general scientific and special methods of cognition of socio-legal reality. The research methodology includes the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism and the solidity of truth. Among the most topical tendencies of international statutes development in the field of the struggle against corruption (including the corruption in the social sphere), the author names the involvement of non-governmental organizations and the strengthening of anti-corruption impact on commercial entities; the extension of the notion of corruption on illegal actions of officials of commercial entities along with the actions of public officials. The author notes that for the purpose of the struggle against corruption, international law counts upon the criminalization of corruption-related activities of legal entities. This fact is of a special importance for the social sphere.
Keywords:
law and order, international statutes, definitions, corruption-related crimes, UN Conventions, social sphere, prevention, corruption, international legal standards, international law
The police and issues of the fight against terror and extremism
Reference:
Kobets P.N.
Analysis of the nature of terrorism and its determining factors in the middle of the second decade of the 21st century
// Police activity.
2016. ¹ 6.
P. 596-602.
URL: https://en.nbpublish.com/library_read_article.php?id=68436
Abstract:
The study is aimed at the further improvement of counterterrorism activities. The research object is social relations in the sphere of counterterrorism. The research subject is the analysis of the nature of terrorism and its roots, aimed at the development of unified approaches to the mechanism of its prevention. The analysis of the current tendencies of terrorist manifestations in the modern Russian society helps the author understand its nature and causes. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling) and traditional methods of jurisprudence (formal logical). The author concludes that at the present time, terrorism is often considered as yet another security problem that can be easily solved: regular security measures, higher fences, more police officers and more severe punishment. The study demonstrates that upon the declaration of the war against terrorism, the significance of the problem increases, since such measures respond to the symptoms, not the causes. The author proves that year by year, it is more difficult for terrorists to organize attacks, therefore the new forms of terrorism become more terrible in their effect. The author notes that, despite a large number of scientific works, devoted to these issues, the problem is not studied well enough yet. This fact explains the topicality, novelty and practical importance of the problem under consideration. The scientific and practical importance is based on the fact that this study develops and specifies the casual complex theory, determining terrorism. The certain range of problems points at particular shortcomings of counterterrorism mechanism and defines the current state and some tendencies of its improvement. The author formulates the conclusions, necessary for the further consideration of the problem, and the proposals, that can serve as a basis for the decrease of terrorist challenges and threats and can be used in the practical activities of law enforcement agencies.
Keywords:
threats, religious violence, internal affairs bodies, determinants, crime prevention, factor analysis of terrorism, causal complex of crime, security, terrorism, terrorist attacks
Informational support of the police
Reference:
Pan'shin D.L.
Victimological dimension of economic crimes in Russia: the analysis of statistical rates for 2009 – 2014
// Police activity.
2016. ¹ 6.
P. 603-610.
URL: https://en.nbpublish.com/library_read_article.php?id=68437
Abstract:
The purpose of the research is the detection of victimilogical tendencies of the modern Russian economic crimes using the statistical data for 2009 – 2014. The detection and comparison of quantitative and qualitative rates of the victimological condition of Russian economic crimes helps prognosticate the tendencies to the reorientation of economic crimes on legal entities and the public sector of the economy. The conclusions of the research help identify the problems of the formation of statistical rates of its elements. The study is aimed at the analysis, assessment and comparison of the current victimological statistical changes and the dynamics of the contemporary economic crimes, and the acquisition of data, helping assess the damage, inflicted by economic crimes on the population. The author concludes that along with the decrease of the number of registered crimes, the population victimity rates in particular categories of economic crimes are increasing. This growth shows that it is necessary not only to study each type of crimes, but also to keep statistical records of the quantitative rates of the victims of economic crimes and their categories, i.e. men and women, legal entities and self-employed entrepreneurs, public organizations and local authorities.
Keywords:
private individual, legal entity, victimity, victimological statistics, victimological factors, victimology, victimization, victimhood, economic crimes, victim
International police cooperation
Reference:
Tagirov Z.I.
Contemporary network police activities in the European Union in the sphere of terrorist acts prevention and the struggle against grave crimes
// Police activity.
2016. ¹ 6.
P. 611-617.
URL: https://en.nbpublish.com/library_read_article.php?id=68438
Abstract:
The research object is the law-enforcement activities of the bodies of the European Union. The research subject is the normative framework and the related organization and management mechanisms of crimes prevention, developed in the law-enforcement bodies of the EU, and the cooperation ties of these bodies. The purpose of the study is to establish the significant patterns of the contemporary police activities in the European Union, which have an impact or can possibly have an impact on cooperation with the Russian Federation and on Russia’s national security protection. The author applies general scientific methods of cognition and special methods of jurisprudence, ensuring the objectivity, historicism and comparativism of the study of the activities of the European police aimed at the prevention of terrorist acts and grave crimes. These methods include the principles of: the research subject development, its logical consistence, historical specificity and dialectical coherence between the logical and the historical methods of cognition; general scientific methods: system, genetic, activity; the methods of analysis and synthesis, cultural and historical analysis, the methods of comparative study, juridical interpretation and other research means of the modern social sciences. The European experience of legal and organizational regulation of activities of law-enforcement bodies in the sphere of terrorist crimes prevention hasn’t been studied thoroughly enough in Russia so far; most scientific works in this sphere focus on the political aspects of internal and foreign policy of the EU in the sphere of a “common European security space” creation. The study is based on two existing European sources of law. Special attention is given to the comparison of organizational mechanisms of registering and using the registers of terrorist organizations and terror suspects. The author substantiates the conclusion that the European law-enforcement experience of prevention of terrorism and grave crimes is highly integrated with the U.S. experience in the legal and organization spheres.
Keywords:
policy, counterterrorism, cooperation, European security space, network activity, Eurojust, Europol, European Union, struggle against terrorism, police