Preventative work of the police
Reference:
Makhmutova L.R.
Illegal hunting: history and modernity
// Police and Investigative Activity.
2024. ¹ 2.
P. 1-17.
DOI: 10.25136/2409-7810.2024.2.71757 EDN: EGBCFO URL: https://en.nbpublish.com/library_read_article.php?id=71757
Abstract:
Conservation of natural resources and rational use of natural resources is a priority within the framework of the National Security Strategy. In recent years, there has been an alarming trend towards an increase in poaching, especially in regions with a low level of economy and particularly rich natural resources. This article provides a historical sketch of the development of legal norms governing hunting issues and an analysis of modern legislation in the field of hunting. The review of judicial practice of bringing persons to responsibility for illegal hunting is given. A number of preventive methods to combat this crime are also being introduced. Thus, the problem of preventing illegal hunting is complex and requires an integrated approach when studying it. The subject of this work is the analysis and coverage of the history of the emergence and development of hunting legislation. Namely, its applied significance, which became the basis for the design of legal relations in this area. The research is based on general scientific and private scientific methods of cognition, which made it possible to analyze and synthesize knowledge about the evolution of hunting legislation. The method of comparative historical jurisprudence made it possible to determine the nature of legal relations in various periods, starting from Ancient Russia. Previously, the legislation regulating relations regarding hunting resources was of an economic nature and regulated contractual relations in order to obtain benefits. Currently, a large block of legislation is devoted to the rules for the use of hunting resources in order to preserve them, increase them and preserve their role in maintaining the stability of ecosystems. During the analysis, a number of modern acts were examined, which allowed us to draw the following conclusions: today it is advisable to update strategies to combat illegal hunting. It requires significant financial, human and time resources. In addition to the revision of hunting legislation, it is necessary to use new technologies for monitoring and protecting wildlife, as well as active cooperation between various levels and areas of public authority. And also to convey the importance of protecting natural resources, including the protection of wildlife, to the legal consciousness of citizens.
Keywords:
environmental protection, crime, biodiversity, ecosystem, historical essay, legal analysis, poaching, illegal hunting, prevention, legislation
Forensic activities and police work
Reference:
Udilov T.V., Aleksandroi V.I., Vavilov A.M.
Hookahs and smoldering hookah coals as an object of forensic fire and technical expertise
// Police and Investigative Activity.
2024. ¹ 2.
P. 18-31.
DOI: 10.25136/2409-7810.2024.2.71902 EDN: RNVLEV URL: https://en.nbpublish.com/library_read_article.php?id=71902
Abstract:
The subject of the study is to establish the involvement of smoldering hookah coals in the occurrence of a fire during the production of a forensic fire-technical examination. Currently, there is no universal concretized algorithm for determining the involvement of tobacco smoking devices and hookah coals in the occurrence of a fire for all possible cases of fire. The authors have attempted to combine well-known information about the detection of signs of exposure to combustible materials from a relatively low-power ignition source with the results of experiments and studies of smoldering hookah coals. Two types of hookah coals were selected as objects of research: cubic natural charcoal for hookah, fast-burning cylindrical coal. Cotton fabric, cotton wool, paper, wood (pine), synthetic carpet with fine pile, synthetic carpet with large pile, soft decorative elements with synthetic filling and a pillowcase made of furniture fabric, PVC floor materials (linoleum, PVC tiles), floor panels, lined with polymer films (laminate). In conducting this study, a systematic approach was applied to the analysis of the situation of a fire-related incident, as well as general scientific empirical and theoretical research methods (observation, comparison, description, measurement, analysis and synthesis, etc.) The results of empirical studies confirm the hypothesis of the formation of deep charring zones in places of contact of hookah charcoal with combustible materials (wood, laminated floor coverings). Based on the results of experimental studies, a step-by-step algorithm for constructing versions about the occurrence of a fire from smoldering hookah charcoal is formulated, including focusing the attention of an expert (a person conducting an inspection of the scene of an incident related to a fire) on the need to take into account factors such as the time of the fire and the induction period of ignition, the presence of conditions for heat accumulation, the presence of air exchange, the presence of an air inflow into the smoldering zone, the presence of signs of the dynamics of fire propagation, characteristic of low-power ignition sources. It is noted that the probability of burning from smoldering hookah coal increases in cases where conditions are created for the smoldering process to proceed with minimal heat loss, the possibility of heat accumulation and the presence of an oxidizer (oxygen in the air) in sufficient quantities.
Keywords:
ignition source, fire source, specialized knowledge, cause of fire, smoldering, inspection of the scene of the incident, fire, hookah charcoal, fire examination, forensic examination
The police and protection of human rights
Reference:
Kurakin A.V.
Issues of the Administrative Law System
// Police and Investigative Activity.
2024. ¹ 2.
P. 32-53.
DOI: 10.25136/2409-7810.2022.4.38924.2 EDN: KLFDII URL: https://en.nbpublish.com/library_read_article.php?id=71711
Abstract:
The author examines administrative law and reveals the system surrounding it, the analysis of which allows us to see its features and the scale of the relations regulated by it. The article focuses on elements of the administrative law system such as management law, police law, and administrative justice law. These legal institutions, on the one hand, have their own subject of regulation, which is characterized by public legal content; on the other hand, they complement each other, forming such a phenomenon as modern "administrative law." The author notes that the analysis of the correct definition of administrative law will increase the effectiveness of its study. The main conclusion of this article is that the concept of management dominates in the educational literature on administrative law regarding the subject of this industry. Within the system of administrative law, the norms of management law and police law are harmoniously combined; this is seen in the example of the implementation of administrative and police coercion administrative and police supervision. The police component within administrative law is sometimes called negative law. Still, one should not radically look at the phenomenon of police law, that is, identify it with the police state. Police law may well be an effective attribute of a democratic, legal, and social state. This position is proved by the experience of state-building in a number of countries. Thus, administrative law is designed to improve the efficiency of the state in a variety of aspects to create adequate forms and methods of administrative and police work, both in ordinary and in crisis situations.
Keywords:
administration, law, management, justice, police, regulation, system, method, subject, form
Reforming and upgrading the police
Reference:
Vasnetsova A.S.
Interdepartmental Commission on Countering Extremism in the Russian Federation: scientific and practical aspects of its activities and issues of its optimization
// Police and Investigative Activity.
2024. ¹ 2.
P. 54-69.
DOI: 10.25136/2409-7810.2024.2.71862 EDN: JZPZRR URL: https://en.nbpublish.com/library_read_article.php?id=71862
Abstract:
The object of the study is public relations related to counteraction to extremist activities. The subject of the study is the organizational and legal basis for its provision, both in modern Russia and in foreign countries. The purpose of the study is to conduct a comprehensive theoretical study of the fight against extremism and its prevention by the Interdepartmental Commission on Countering Extremism, to study the mechanisms of countering extremism, to analyze the available scientific literature, to develop a theoretical design of the support system. Theoretical and other sources considered together are a common information base that contributes to the achievement of scientific validity and reliability of the formulated provisions. The empirical basis of the study is formed by documents and materials of federal government bodies, public authorities of the subjects of the Russian Federation, information and analytical materials that allow assessing the state and level of protection of the state and society from extremist threats. The methodological basis of the research consists in the use of a set of existing methods of cognition, the basis of which is the dialectical method. General scientific techniques (analysis, synthesis, induction, deduction) are used in the study of individual issues of the topic. Special legal methods of scientific cognition are also widely used: formal legal, historical legal, comparative legal, structural and functional. The use of a set of methods allowed us to explore the theoretical aspects of countering extremism. The scientific novelty of the study is that it is one of the first scientific papers addressing the issues of the Interdepartmental Commission on Countering Extremism in the Russian Federation by analyzing various aspects of its activities and legal regulation. The article proposes the author's own approaches to the systematic study of problems related to legal regulation and the mechanism for exercising the powers of the Interdepartmental Commission on Countering Extremism in the context of analyzing the essence and issues of implementing specific areas of activity, building interaction with public authorities and public organizations, examines the problems of anti-extremist work, their content and relationship with the operational situation, suggests specific directions for improving legislation and directions for new scientific research in this area.
Keywords:
extremist crime, National security, prevention of extremist activities, prevention of extremism, extremism, Interdepartmental Commission, terrorism, operational investigative activities, international cooperation, public authorities
The police and criminal procedure
Reference:
Filimonova M.D.
Prohibition of certain actions as a preventive measure: concept, legal nature
// Police and Investigative Activity.
2024. ¹ 2.
P. 70-80.
DOI: 10.25136/2409-7810.2024.2.71973 EDN: KPBMMC URL: https://en.nbpublish.com/library_read_article.php?id=71973
Abstract:
The study is devoted to problematic aspects of the definition of the concept of "prohibition of certain actions", as well as its legal nature. Since the introduction of the prohibition of certain actions into the mechanism of criminal procedure regulation (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), various aspects of the functioning of the institution in question have been discussed in the scientific community. However, little attention has been paid to the issue of the legal nature and concept of this measure. The existing approaches to definition are reduced either to discussing the nature of procedural restraint or coercion in general, or listing the prohibitions established by Article 105.1 of the Code of Criminal Procedure of the Russian Federation, thereby forming the scope, not the content of this term. It seems appropriate to define the concept of "prohibition of certain actions" by establishing its legal nature, basic idea and purpose. The legal nature, the main idea and purpose of the prohibition of certain actions are revealed, the author's understanding of the term is formulated, and the classification model of prohibitions provided for by this measure is determined in the article. Firstly, the purpose of the prohibition of certain actions is to ensure guarantees of compliance with procedural deadlines; prevention of reputational risks during the rehabilitation procedure; reduction of the financial burden of the state budget by optimizing the number of detainees; exclusion of excessive and inappropriate restrictions on individual rights. Secondly, the main idea is to reduce the negative impact of criminal procedural coercion on a person without threatening the effectiveness of criminal proceedings. Thirdly, the scheme of the legal nature of the prohibition of certain actions (from general to particular): legal prohibition – prohibition as an instrument of the mechanism of criminal procedure regulation – prohibition in criminal law (substantive and procedural) – prohibition of certain actions. Fourth, prohibitions (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), depending on their nature, are classified into spatial, communicative and licensing-permissive. Fifthly, the prohibition of certain actions is a method of criminal procedural regulation that performs the deterrent and binding functions of suppressing influence on a suspect (accused) in the interests of criminal justice, which is a legally established minimum possible restriction on freedom of movement (stay), the implementation of licensing and licensing activities and (or) communication of an individual without isolation from society.
Keywords:
criminal proceedings, legal nature, measures of procedural coercion, prohibitions, limitations, house arrest, deposit, prohibition of certain actions, preventive measure, the system of preventive measures