The police and the institutions of civil society
Reference:
Malinovskii O.N., Goncharov V.V., Petrenko E.G.
Public inspection as a form of public control in the Russian Federation: current problems and development prospects
// Police and Investigative Activity.
2024. ¹ 1.
P. 1-13.
DOI: 10.25136/2409-7810.2024.1.71150 EDN: BSOTQS URL: https://en.nbpublish.com/library_read_article.php?id=71150
Abstract:
The article is devoted to the analysis of modern problems and prospects for the development of public inspections as the most important form of public control. The role and place of the institution of public control in the system of legal guarantees for the implementation and protection of the system of constitutional principles and constitutional rights, freedoms and legitimate interests of citizens are substantiated. The place of public inspections in the system of forms of public control is being investigated. The problems hindering the development of the institute of public inspections are formalized and investigated: the lack of consolidation of the institute of public control in the Constitution of Russia; insufficient detailing of the powers of subjects of public control and its powers in the exercise of public control; the lack of real powers for the effective implementation of this form of public control; the absence of legal structures in the Criminal Code and the Administrative Code of the Russian Federation providing for the responsibility of officials, as well as third parties, for actions aimed at obstructing the legitimate activities of representatives of subjects of public control; insufficient number of subjects who can initiate public inspections; lack of a uniform understanding of the procedure for organizing and conducting public inspections; insufficient level of technical and other support for the activities of subjects of public control; weak use of foreign experience in this area. A system of measures to resolve them has been developed and justified. The following scientific methods were used in the research: formal-logical; comparative-legal; historical-legal; statistical; sociological. The research basis is the doctrinal sources of V. V. Aksenova, M. G. Popova, V. V. Gryba, P. A. Kabanova, and others, devoted to the analysis of various forms of public control in the Russian Federation (primarily public inspections), as well as the legal regulation of the organization and conduct of public control events in Russia, the results of sociological research on practice the functioning of subjects of public control, as well as statistical data on their organization and activities. The purpose of the study is not only the formalization and analysis of modern problems that impede the optimal organization and conduct of public control measures in the Russian Federation in the form of public inspections, but also the development and justification of a system of measures to resolve these problems.
Keywords:
circumstances, facts, information, development prospects, modern problems, Russian Federation, democracy, public control, public inspection, form
The police and the institutions of civil society
Reference:
Potapenko S.V., Goncharov V.V., Malinovskii O.N., Petrenko E.G., Cheshin A.V.
On the prospects of using foreign experience in training personnel for civil society entities in Russia
// Police and Investigative Activity.
2024. ¹ 1.
P. 14-30.
DOI: 10.25136/2409-7810.2024.1.71593 EDN: BNHZQI URL: https://en.nbpublish.com/library_read_article.php?id=71593
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Abstract:
This article is devoted to the analysis of modern problems and prospects of using the experience of training workers abroad for various subjects of civil society in the Russian Federation. It is argued that the institute of public control acts as a key legal guarantee for the implementation, protection and protection of both the system of constitutional principles and the entire system of rights, freedoms and legitimate interests of individuals and legal entities in the country. The authors substantiate the position that the basis of the organization and activity of any subject of public control in Russia is its human resources potential. The article identifies several categories of individuals who both take part in the preparation and conduct of public control measures and generally ensure the activities of the above-mentioned subjects of public control. In the course of writing this scientific article, a number of general and particular scientific research methods were used, including: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations. In the work, special attention is paid to the analysis of the positive experience of training and retraining abroad of representatives of subjects of public control. The authors substantiate why the positive foreign experience of training and retraining of personnel for civil society entities (including in the field of organizing and exercising civil society control over the apparatus of public authority and other objects exercising certain public powers) is important for analysis, adaptation and use in the process of improving the institute of public control in the Russian Federation. The article develops and substantiates a system of measures to optimize the processes of training and advanced training of both members of subjects of public control in Russia and employees of state and municipal institutions that ensure their functioning.
Keywords:
professionalism, civil society, democracy, optimization, foreign experience, advanced training, retraining, training, Russian Federation, public control
The police and criminal procedure
Reference:
Filimonova M.D.
Prohibition of certain actions in the system of preventive measures: practice of application and directions of optimization
// Police and Investigative Activity.
2024. ¹ 1.
P. 31-40.
DOI: 10.25136/2409-7810.2024.1.70213 EDN: BPVDJK URL: https://en.nbpublish.com/library_read_article.php?id=70213
Abstract:
The subject of this study is the problematic aspects of the legal regulation of the application of the prohibition of certain actions provided for in Article 105.1 of the Criminal Procedure Code of the Russian Federation, as well as law enforcement practice. The introduction of a ban on certain actions in the system of preventive measures actualizes the study of the measure in question in the scientific community, which is fully confirmed by the intensity of publication of relevant works. Meanwhile, the degree of scientific development is insufficiently saturated with analysis of the practice of prohibiting certain actions in comparison with the study of the theoretical and regulatory aspects of this institute, as well as specific proposals for optimizing the legal regulation of the prohibition of certain actions. It can be stated that the research potential of the practice of application and problem analysis of the prohibition of certain actions is quite extensive. The above allows you to focus on the designated aspects.The purpose of the study is to identify problems and conflicts in the regulatory regulation of the prohibition of certain actions, analyze them, develop proposals to minimize them, which will contribute to the expansion of the application of the prohibition of certain actions as a preventive measure. The research methodology is formed taking into account the specifics of the object and subject of research and includes, in addition to general scientific – analysis and synthesis, the method of reviewing scientific research, systemic, problem analysis, – private scientific – formal legal and comparative legal research methods. The scientific novelty is mediated by the variability of the approach to the already identified conflicts of legal regulation of the prohibition of certain actions and the analysis of problems not previously discussed by the scientific community. The conclusions of this study are as follows. Firstly, the legal regulation of the institution of preventive measures needs to be optimized. In particular, the legislator needs to eliminate the existing conflict between the indication of the election of one preventive measure and the possibility of a combination of preventive measures. Secondly, the provisions of Part 4 of Article 105.1 of the Code of Criminal Procedure of the Russian Federation were analyzed, providing for variants of the judge's decisions on the declared petition for the election of a ban on certain actions, according to the results of which amendments and additions were proposed for the uniform and prompt application of this preventive measure. Thirdly, in order to eliminate the double interpretation of the phrase "committed crime" (clause 6, part 6, Article 105.1 of the Code of Criminal Procedure of the Russian Federation), it is proposed to replace the specified wording.
Keywords:
prohibitions, restrictions, combined preventive measures, house arrest, bail, prohibition of certain actions, system of preventive measures, preventive measure, measures of procedural coercion, criminal procedure law
The police and criminal procedure
Reference:
Ushchekin S.N.
Seizure of other people's property in case of theft committed using electronic means of payment: features of qualification
// Police and Investigative Activity.
2024. ¹ 1.
P. 41-54.
DOI: 10.25136/2409-7810.2024.1.70336 EDN: CBLMIN URL: https://en.nbpublish.com/library_read_article.php?id=70336
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Abstract:
The subject of the study is the specifics of the seizure of other people's property in the context of using electronic money and the qualification of those acts provided for in paragraph "d", part 3 of Article 158 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The use of electronic means of payment (hereinafter referred to as ESP) in the process of committing theft actualizes the research presented by us, which is confirmed by the intensity of publication of works on similar topics. Meanwhile, the ineffectiveness of criminal law measures to protect property indicates the insufficient elaboration of the issues outlined by the author, which allows us to conclude that there is a high research potential for expanding the criteria for "seizure" of other people's property in the qualification of theft using ESP. The purpose of the study is to identify the features of the "seizure" of other people's property when committing thefts using ESP, which make it possible to develop scientifically sound recommendations for the qualification of this type of crime. The research methodology includes both general scientific and private scientific methods of cognition, including legal analysis of legislation and judicial practice, a logical approach for forming hypotheses and concepts, as well as a systematic approach for considering "withdrawal" in the context of the general theory of criminal law. The scientific novelty of the study lies in the substantiation of the concept of legal seizure of property in case of theft using ESP. The improved approach makes it possible to expand the traditional understanding of seizure based on the physical movement of property. Thus, when qualifying theft using an ESP, the seizure of someone else's property should be understood as the illegal interception of the powers of the owner of the property as a result of obtaining unauthorized access to the ESP. The author came to the following conclusions: the concept of legal seizure of property takes into account the specifics of the theft using ESP, namely electronic money without physical expression. In such cases, the seizure of property occurs by obtaining illegal access to the ESP; the justification of the stated concept is of great practical importance, since it allows to qualify thefts using the ESP as completed crimes from the moment of obtaining unauthorized access to the ESP, even if the actual disposal of property has not yet occurred, which will increase the protection of property of citizens and organizations from new types of theft in the field of electronic payments.
Keywords:
Bank account, qualification features, non-cash funds, item of theft, electronic means of payment, seizure, theft, embezzlement, property, crime
Informational support of the police
Reference:
Khamidullin R.S.
Forensic support for the use of artificial intelligence technology in the detection and investigation of crimes
// Police and Investigative Activity.
2024. ¹ 1.
P. 55-74.
DOI: 10.25136/2409-7810.2024.1.68894 EDN: CBMNNY URL: https://en.nbpublish.com/library_read_article.php?id=68894
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Abstract:
The subject of the study is the possibility of using artificial intelligence systems in order to solve and investigate crimes. The author, using the example of GPT (Generative Pre-trained Transformer) neural network architecture, invented by Google researchers, shows the capabilities of artificial intelligence to analyze situations arising during the disclosure and investigation of crimes and to put forward reasonable versions based on them on the circumstances of the commission of an illegal act. The study demonstrates the possibility of drawing up programs (plans) for criminal investigations based on such versions. The object of the study is social relations arising during the use of artificial intelligence systems in law enforcement. Special attention is paid to the process of training the neural network to use modern forensic tools and methods in detection, disclosure and investigation. The main conclusions of the study are the need for training and the use of neural networks in law enforcement not only for the purpose of identifying, disclosing and investigating crimes and administrative offenses, but also their prevention and suppression. A special contribution of the author to the research of the topic is the identification of patterns that arise in the process of learning and using the capabilities of the neural network in providing assistance to law enforcement entities in applied research. The novelty of the work lies in the experiment conducted for the first time on training and using a separate GTP neural network in forensic analytical work on putting forward versions and planning an investigation. The paper provides recommendations for the training of law enforcement officers on the effective use of neural networks in law enforcement.
Keywords:
administrative offenses, investigator, crimes, investigation, disclosure, detection, artificial intelligence, neural network, Forensic support, operative