Supervision of the police
Reference:
Morozov, K.O. (2024). Acts of prosecutorial response used in the supervision of the investigation. Police and Investigative Activity, 3, 1–12. https://doi.org/10.25136/2409-7810.2024.3.72035
Abstract:
The subject of the study is the acts of prosecutorial response in the supervision of the legality of the preliminary investigation in the form of an inquiry. The purpose of the study is to analyze the measures of the prosecutor's response used by the prosecutor in overseeing the legality of the investigation, the opinions of scientists and practitioners on the issues under consideration and to propose their own ways to solve the identified problems. To achieve this goal, the author of the study analyzes the reasons for the increased attention to the procedural activities of interrogators. The author pays special attention to the acts of prosecutorial response to illegal actions of supervised subjects. In the course of his research, the author uses dialectical, logical, systemic, functional and formal legal methods. As a result of the conducted research, the author comes to the conclusion that the inquiry was introduced by the federal legislator as a simplified form of crime investigation. The requirements for interrogators allow for the appointment of persons who do not have higher legal education, which, together with the general low professional training of employees, is a determinant factor in the admission of violations. Direct managers often do not formally respond to violations committed by the investigator, and therefore the active participation of the supervising prosecutor remains the only guarantor of legality. The supervising prosecutor has a range of acts of prosecutorial response: from mild to more severe, which allows a flexible approach to the choice of ways to respond to violations. The author of the study proposed to consolidate the right of an inquirer to appeal, with the consent of his supervisor, to a higher prosecutor with a complaint about the demands made to him.
Keywords:
legality, measure of prosecutorial response, act of prosecutorial response, preliminary investigation, prosecutor's decision, written instruction, prosecutor's demand, interrogator, inquiry, Prosecutor's supervision
Operative investigation in police work
Reference:
Lukpanov , A.N. (2024). Activities of economic security and anti-corruption units to identify economic crimes in the sphere of state defense procurement. Police and Investigative Activity, 3, 13–26. https://doi.org/10.25136/2409-7810.2024.3.72278
Abstract:
The subject of this article is the activity of economic security and anti-corruption units during identification and documentation of economic crimes in the sphere of state defense procurement. The purpose of this article is a comprehensive study of individual aspects of the activity of economic security and anti-corruption units to identify and document economic crimes in the sphere of state defense procurement. The research methodology is based on general scientific (logical, systemic, analysis, induction, deduction, interpretation, generalization), specific scientific (specific sociological, formal legal) methods. The use of methods allowed us to conduct a comprehensive analysis of the activities of the studied units in identifying economic crimes in the sphere of state defense procurement. The analysis of theoretical provisions allowed us to formulate proposals for improving the activities of the studied units. The scientific novelty of the study lies in identifying criminal schemes and mechanisms for committing economic crimes in the sphere of state defense procurement. Based on the results of the analysis of law enforcement practice materials and the activities of economic security and anti-corruption units, we confirm the fact of an increase in illegal activities in the process of implementing the state defense order, in particular, related to the economic component; schemes and mechanisms for illegal withdrawal of budget funds into the shadow economy in the framework of the execution of the state defense order are identified; conclusions are formulated affecting the improvement of the efficiency of economic security and anti-corruption units in the framework of the problem under study. In addition, in the conclusion we put forward ideas related to increasing the efficiency of the activities of economic security and anti-corruption units in identifying and documenting economic crimes within the framework of the implementation of the state defense order.
Keywords:
economic crimes, warning, disclosure, documentation, identification, state defense order, anti-corruption, economic security, divisions, activity
The police and protection of human rights
Reference:
Barsegyan, S.V. (2024). Non-custodial Punishments and the Transfer of Their Execution to CIS Member States: Criminological Aspects of Preventing Repeat Offenses. Police and Investigative Activity, 3, 27–42. https://doi.org/10.25136/2409-7810.2024.3.72239
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EDN: KCTSVR
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Abstract:
The subject of this study is the level and structure of non-custodial punishments imposed on citizens of the member states of the Commonwealth of Independent States. The provisions of the Convention of the Member States of the Commonwealth of Independent States on the Transfer of Execution of Non-Custodial Punishments are analyzed in the context of increasing the effectiveness of preventing crimes committed by citizens of the member states of the Commonwealth of Independent States in the territory of the Russian Federation. The purpose of the study is to comprehensively study the current methods of preventing repeated crimes by citizens of the member states of the Commonwealth of Independent States after serving non-custodial punishments. The methodological basis of the study is formed by dialectical, formal-logical, system-structural, statistical methods, as well as the method of statistical analysis and other methods of scientific research, which made it possible to conduct a comprehensive analysis and achieve the stated goal of this study. The scientific novelty of the study lies in the development of new approaches to solving the problems of preventing repeated crimes by citizens of the Commonwealth of Independent States member states who have been sentenced to punishments not involving imprisonment on the territory of the Russian Federation. As part of the study, the author comes to the conclusion that it is necessary to actively use the opportunities in terms of transferring the execution of punishments not involving imprisonment to the competent authorities of the Commonwealth of Independent States member states with the aim of developing the criminal policy of the Russian Federation in terms of preventing the commission of repeated crimes by citizens of the Commonwealth of Independent States member states on the territory of the Russian Federation who have been sentenced to punishments not involving imprisonment
Keywords:
main types of punishment, relapse, fine, forced labor, prevention, correctional labor, repeated crimes, probation authorities, punishments, convention
Operative investigation in police work
Reference:
Popova, E.M., Milyuhin, A.S. (2024). Practical recommendations for improving the effectiveness of operational investigative activities aimed at detecting corruption-related crimes in the implementation of national projects. Police and Investigative Activity, 3, 43–59. https://doi.org/10.25136/2409-7810.2024.3.72370
Abstract:
The fight against criminal encroachments related to the embezzlement of budget funds allocated to finance national projects is currently one of the priorities of the operational and official activities of the internal affairs bodies. In this connection, the object of the study is the state of crime in the field of implementation of national projects, which is studied through the prism of a territorial feature, an object of criminal law protection and a subject of crime detection. The subject of the study is the identification of problematic issues and the development of new approaches to improving the effectiveness of operational investigative activities aimed at detecting crimes in the implementation of national projects. The analysis of published scientific papers allowed us to conclude that insufficient attention is paid to the problem of organizing an operational search, while it is at the stage of initiating an operational check that employees experience difficulties. To achieve their goals and objectives, the authors used methods of formal logic, such as induction, deduction, analysis, synthesis, comparison, statistical methods, concrete historical and formal legal methods. The authors of the article calculated the criminological burden of crimes related to the implementation of national projects in the context of federal districts and concluded about the territorial heterogeneity of this type of crime. A group of corruption-related crimes in the implementation of national projects was singled out separately, the structure of crimes in this group indicates problems in detecting crimes under Articles 285, 286 and 292 of the Criminal Code of the Russian Federation, their share in the total number of corruption-related crimes is less than 6%. The scientific novelty of the research lies in the development of a universal algorithm for the implementation of an operational search to identify crimes provided for in Articles 285, 286 and 292 of the Criminal Code of the Russian Federation, which are committed during construction and installation works. The universal nature of the algorithm lies in the absence of reference to the specifics of a specific national project. The proposed algorithm is adapted to different stages of the development of federal budget funds: the stage of competitive procedures and the stage of execution of the municipal contract.
Keywords:
operational search, municipal contract, operational search activity, corruption, police, detection of crime, criminality, budgetary funds, national project, operational examination
Police enforcement
Reference:
Kurakin, A.V. (2024). Once again about the use of physical force and special technical means by police officers. Police and Investigative Activity, 3, 60–78. https://doi.org/10.25136/2409-7810.2024.3.71874
Abstract:
The article examines the problems and grounds for the use of physical force, draws attention to the fact that physical force use by a police officer is a kind of administrative coercion from legal point of view. The use of physical force is an objective necessity, despite this the law establishes the limits of its use. The author formulates proposals on the limits of the use of physical force, analyzes such a category as "special technical means", draws attention to the role played by special technical means in police work, presents and doctrinally justifies the classification of technical means. The article draws attention to the problems of the use of special means in the conditions of digital reality, emphasizes that it is necessary to determine the mechanism and regime of legal responsibility for the use of special means in the conditions of digital reality. The methodological basis of the article is formed by a set of generally accepted methods of cognition, namely: general scientific methods, in particular, methods of analysis, synthesis, induction, deduction, comparison, system-structural method; special formal legal method. In particular, through the use of methods of analysis, synthesis, induction, deduction, comparison, the concept of "the use of physical force"; "the use of special means" was formulated. The author concluded that when using physical force, it is not allowed to cause serious harm to the health of the person against whom this coercion was carried out. The principle of adequacy of physical impact should permeate the entire process of using physical force, a police officer should clearly understand that if it is enough to inflict one relaxing blow, then it is not necessary to inflict a second blow. It is also necessary to understand the anatomical features of a person, this will make it possible to prevent serious injuries to the person concerned. A police officer should also be aware that the physical and property damage caused as a result of the use of physical force can be appealed by the relevant person. The article concludes that the use of special means increases the physical impact on a person, while there are quite a lot of reasons for the use of these means, these are the grounds established both for the actual use of appropriate means and those grounds that are defined for the use of firearms.
Keywords:
regulation, coercion, impact, policeman, security, reality, figure, application, means, police