Dolgikh I.P. —
Training of Police Officers in Russia: the Correct Way to Go?
// Police and Investigative Activity. – 2016. – ¹ 4.
– P. 46 - 55.
DOI: 10.7256/2409-7810.2016.4.18934
URL: https://en.e-notabene.ru/pm/article_18934.html
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Abstract: The subject of the research is the principles and patterns, contents and organisation of training police officers in the Russian Federation. The object of the research is the primary training of law enforcement officers of the world's leading powers and Russia. The purpose of the research is to improve the training of police officers. Goals of the research include: 1) to analyze the modern condition of training police officers in Russia and to define developmnent trends and drawbacks of the current system of training; 2) to develop recommendations on how to improve vocational training of police officers. The methodological basis of the research is the theory of knowledge and research results related to application of the knowledge theory to the system of training. To achieve the research goals and objectives, the author has used theoretical and empirical methods. The novelty of the research are caused by the following facts: 1. The author gave an objective analysis of the current state of the vocational training for persons newly recruited to the police. 2. For the first time in the academic literature the author gave a principled assessment of the organisation and the quality of police training in the faculties of vocational training at educational institutions of the MIA of Russia. 3. The author developed offers on optimization of vocational training of police officers.
Dolgikh I.P., Suponina E.A. —
Problems and prospects of the Russian legislation on administrative offences
// Legal Studies. – 2016. – ¹ 2.
– P. 39 - 49.
DOI: 10.7256/2409-7136.2016.2.17835
URL: https://en.e-notabene.ru/lr/article_17835.html
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Abstract: The article is devoted to the normative gaps of the current legislation on administrative offences undermining law enforcement practice. Over the last decades, several large-scale organizational and regulatory measures, aimed at improving the legislation on administrative offences, have been implemented in the Russian Federation, but it still can’t be called optimal. The impetuous growth of the quantity of registered administrative offences demonstrates that the lawmaking process lags behind the current needs of the society. The research subject includes the administrative provisions of the current Code of Administrative offences, which are considered by the authors in the light of the draft law ¹957581-6. The research methodology includes the dialectical method and the set of general scientific methods, including logical and historical, the method of advancing from the abstract to the concrete, and specific scientific methods (comparative jurisprudence, statistical methods, system analysis, interpretation of law, etc.). This work is one of the first complex interdisciplinary studies of the current theoretical, legislative, and law-enforcement problems of the range of institutions of administrative law (administrative investigation, inchoate crime, etc.). The authors offer the measures of the current legislation improvement aimed at its further optimization in the sphere of lawmaking and law enforcement.
Dolgikh I.P., Shebanov D.V. —
On the issue of criminological validity of some illegal acts
// Legal Studies. – 2015. – ¹ 5.
– P. 58 - 68.
DOI: 10.7256/2409-7136.2015.5.14580
URL: https://en.e-notabene.ru/lr/article_14580.html
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Abstract: The article is devoted to one of urgent problems of modern Russia - the issue of criminological validity of certain illegal acts, both criminal and violating the norms of administrative law.The object of the study is the mechanism of influence of the complex of criminological knowledge on the state and development of criminal law and administrative law of torts. The subject of the research consists of domestic and foreign regulations of criminal and administrative law and adjacent branches of law (penitentiary, criminal procedure, administrative procedure) and of specific empirical research conducted by the authors and by other lawyers. The methodology of the research includes the complex of the general scientific and special methods of the social-legal reality cognition. The dialectical method is the main method allowing consideration of the subject and the object of the research in the completeness of their manifestations, taking into account the contradictions and the consequences of their settlement in the process of quantitative changes transition into qualitative ones. The authors use the logical-legal, the historical-legal methods, the method of comparative jurisprudence, the system-structural approach, content- and statical-analysis, and the methods of criminological research. The scientific novelty of the study lies in the fact that it is the first attempt in the conditions of fundamental renewal of criminal law and administrative law of torts to develop the integral concept of criminological determination of two adjacent branches of law - criminal and administrative. Thus the authors have initiated complex development of a new branch of domestic criminology. Special attention is paid to the emerging institution of exemption of administrative liability in Russia.
Dolgikh I.P. —
Should administrative responsibility condonation exist in the Russian Federation?
// Legal Studies. – 2015. – ¹ 1.
– P. 1 - 15.
DOI: 10.7256/2409-7136.2015.1.13775
URL: https://en.e-notabene.ru/lr/article_13775.html
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Abstract: The research is devoted to legislatively adjusted and factual (non-adjusted) social relations, which appear during the process of the Code of Administrative Offences of the Russian Federation application, and provide for the grounds and the order of administrative responsibility condonation, and the principles of the institution of condonation emergence and development. The subject of the research is the institution of administrative responsibility condonation in various aspects: historical, theoretical, legislative and law-enforcement, as a detached complex of regulations of administrative-tortious legislation, which regulates the homogenous type of social relations. The research also concentrates on judicial practice reproduced in the materials of administrative delinquencies cases, theoretical ideas and scientific studies of the above-mentioned problems.
The methodology of the research is based on the dialectical method of reality cognition and the complex of general scientific methods (logical, historical methods, method of process from the abstract to the concrete) and special scientific methods of cognition (comparative jurisprudence, statistical, system-structural analysis, statutory interpretation and others).
The originality of the research is based on the fact that this article is one of the first complex interdisciplinary studies of urgent theoretical, legislative and law-enforcement problems of the institution of administrative responsibility condonation, which had been carried out on the base of existing legislation in the sphere of administrative delinquencies. The article contains a wide range of new theoretical and practical scientific provisions, conclusions and suggestions, which are very important for the theory of administrative-tortious law.
Dolgikh I.P., Suponina E.A. —
On Optimization of Certain Types of Administrative Punishments
// Legal Studies. – 2014. – ¹ 10.
– P. 1 - 18.
DOI: 10.7256/2305-9699.2014.10.1322
URL: https://en.e-notabene.ru/lr/article_13225.html
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Abstract: This article is devoted to the important problem of the Russian administrative and tort law – the application practice of the most common administrative punishments in Russia – administrative fine, disqualification of an individual and administrative arrest. Despite the fact that almost thirteen years have passed since the Russian Code on Administrative Offences was adopted, this primary legal document regulating all matters related to administrative responsibility in this country still features serious legislative voids which adversely affect the situation with the legal order here. Many of such voids can easily be identified in Chapter 3 of the Russian Code on Administrative Offences dealing with administrative punishments. Methodologically, this article is based on the achievements of the cognitive theory. During the research, the general philosophical, theoretical methods (dialectics, systematic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logic) and the methods used for case studies (statistical, expert review etc.) were used. The scientific novelty of the above research lies in the fact that the authors have, for the first time, studied the causes for the inefficiency of applying the types of administrative punishments which are the most common in the Russian Federation. The article proposes specific measures to be taken to improve the currently effective administrative and tort law aimed at further optimization as relates to lawmaking and law enforcement.
Dolgikh I.P., Shebanov D.V. —
On optimizing the term "theft" in the Russian legislation.
// Legal Studies. – 2014. – ¹ 5.
– P. 23 - 37.
DOI: 10.7256/2305-9699.2014.5.11933
URL: https://en.e-notabene.ru/lr/article_11933.html
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Abstract: In this article the authors attempted to study the issues of qualification of forms and types of theft of property of persons, defining the criminal law problems in this sphere, as well as the possible solutions for them. The author attempted to generalize and analyze the doctrinal opinions on this issue with certain theoretical conclusions on the moment of completing the crime against property. As an object of studies the authors use legal norms defining legal responsibility for the unlawful acts against property relations and practice of their application. In their studies the authors actively use dialectic approach to scientific cognition in combination to logical, statistical, comparative legal and some other general and specific scientific methods of cognition of a society. The studies have legal novelty, which is due to the compelx of theoretical provisions developed by the authors. In the nearest future these provisions may serve as the basis for the optimization of the Russian legislation in part of defining the final moment of the unlawful acts against propert, both crimes and administrative offences. The article provides a new definition of theft, allowing to avoid many violations of law in the proceedings on administrative and criminal cases. The said provisions are of both scientific and practical value.
Dolgikh I.P. —
Administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation: problems and perspectives
// Police and Investigative Activity. – 2014. – ¹ 4.
– P. 64 - 73.
DOI: 10.7256/2409-7810.2014.4.11728
URL: https://en.e-notabene.ru/pm/article_11728.html
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Abstract: The article is devoted to the urgent problem of public service in Russia – the practice of application of administrative action against the officers of the Internal Affairs bodies. The urgency of this topic is determined by both theoretical and practical importance of the questions, connected with presence and functioning of the institute of administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation, and by the need to elaborate the common process of application of administrative action against them. In relation to the Ministry of Internal Affairs of the Russian Federation, the questions of application of administrative action against its officers are among the most discussed ones. It is determined by the fact that due to the optimization of police work they cannot stay unnoticed by civil society. Since the problems considered are the complex problems, the author refers not only to the norms of administrative and procedural law, but also to the achievements of the theory of public administration and the general legal theory. The bodies of the Internal Affairs have always been the support for any state, its social development token. It is not a secret, that nowadays the Internal Affairs bodies is, perhaps, the only effective instrument of the authorities’ influence on various social relations. Today the legal norms of the Internal Affairs bodies officers’ administrative responsibility contain the variety of contradictory and unsettled issues, connected with the application of administrative action against the officers. The originality of the research is determined both by the formulation of the problem, and by the methods of its solution. The author offers the particular ways of the revealed problems eradication, aimed at the enhancement of the legislative base, regulating the issues of administrative responsibility of the officers of the Internal Affairs bodies of the Russian Federation.
Dolgikh I.P., Chernyaev G.M. —
On legal elements of the nationality issue.
// Legal Studies. – 2014. – ¹ 1.
– P. 45 - 53.
DOI: 10.7256/2305-9699.2014.1.10788
URL: https://en.e-notabene.ru/lr/article_10788.html
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Abstract: The article is devoted to one of the topical problems of modern Russia - the practice of identifying and reflecting in normative legal acts and other documents, proving the legally relevant facts the nationality of a citizen of the Russian Federation. In spite of the fact that when the Constitution of the Russian Federation of 1993 was adopted, it seemed that the issue of the complex of rights related to the national identity of a person was resolved, the topicality of current scientific discussions on identity of a person due to him belonging to a certain ethnos makes us analyze the relevant norm of the Basic Law more and more scrupulously. The Russian legal doctrine lacks a uniform methodological approach to the interpretation of constitutional provisions on the right of citizen to identify and to reflect his national identity. Having analyzed the various approaches to the issue, the author evaluates the problem through the prism of legal practice. The novelty of the article is due to the way the problem is set and to the method of its resolution. The author pays attention to the issues which were not duly studied previously. The type of the article is a problem-oriented theoretical article. The methods are traditional. In the process of studies the author makes a conclusion that the constitutional provisions on the right of a citizen of Russia to identify and reflect his national entity is currently implemented incompletely, since some provisions of by-laws are not in correspondence with the Constitution. The author proposes specific solutions to the problems, which are aimed at improvement of the legislative basis regulating the issues of public national policy.