Kulesh E.A., Likholet E.N. —
To the question of prospects for creation and functionality of municipal branches of protection of public order
// Administrative and municipal law. – 2020. – ¹ 1.
– P. 37 - 45.
DOI: 10.7256/2454-0595.2020.1.30643
URL: https://en.e-notabene.ru/ammag/article_30643.html
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Abstract: The subject of this article is the current legislation of the Russian Federation pertaining to establishment and potential implementation of the norms on the functions of protection of public order by the municipal authorities. Based on the conducted analysis, the authors determine problematic issues in legal regulation of application of these norms, explore foreign experience in the sphere of protection of public order, and consider the prospects for application of this experience in the Russian Federation. The main conclusions of the study consist in proposals on creation of an independent institution of municipal police, prospects for further work within the framework of development of the project of Federal Law “On Municipal Police in the Russian Federation”, taking into account delineation of authority of municipal police and the centralized apparatus of police sub-branches of internal affairs departments; complete transfer of the police patrol functions to the municipal authorities on protection of public order; formation of the mechanism of interaction between the internal affairs authorities and municipal police. The original conclusions made in this research are aimed at helping in preparation of the normative legal framework pertaining to legal position and organization of the work of municipal authorities on protection of public order, as well as formation of the mechanism of interaction between the internal affairs authorities and municipal police.
Kulesh E.A., Likholet E.N., Simakina I.A. —
Conceptual Aspects of the Activity Performed by the Department of Internal Affais Subdivisions in the Sphere of Property Protection
// Administrative and municipal law. – 2019. – ¹ 6.
– P. 35 - 40.
DOI: 10.7256/2454-0595.2019.6.30642
URL: https://en.e-notabene.ru/ammag/article_30642.html
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Abstract: The matter under research is the applicable laws of the Russian Federation as well as opinions of researchers on the correspondence of terms 'property' and 'belongings'. In addition, the authors of the article have also analyzed competences of internal affairs officials in property protection and their efficiency under the conditions of reformation of the Ministry of Internal Affairs system. The authors also discussed problems and gaps of the current national legislation. The basis of the research includes general research methods based on the principles of objectivity, systematicity, induction, deduction, and others. As the result of the research, the authors outline problems that arise in the process of arranging activities of internal affairs agencies aimed at execution of their powers in the sphere of property protection. The authors also offer relevant solutions and emphasize the need to create police subdivisions that would be responsible for the aforesaid range of issues. In particular, they prove the need to create a subdivision of the Main Directorate for Countering Property Crime as part of the central office of the Ministry of Internal Affairs of Russia and to make associated amendments in the Decree of the President of Russia No. 218 of March 1, 2011 'Issues of the Ministry of Internal Affairs of the Russian Federation'. The authors also stress out the need to include a list of property crimes into The Instruction on Single Record of Crimes. The conclusions and suggestions made by the author may be used to improve the activity of internal affairs in a developing society and government.
Kulesh E.A., Likholet E.N. —
Concerning the Question about Reformation of the State Management in the Sphere of Migration
// Administrative and municipal law. – 2018. – ¹ 1.
– P. 23 - 29.
DOI: 10.7256/2454-0595.2018.1.24831
URL: https://en.e-notabene.ru/ammag/article_24831.html
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Abstract: The subject of the research is the legal acts of different legal power that regulate the grounds and extent of competences assigned to migration subdivisions as part of internal affairs authorities of th eRussian Federation. The authors of the article also share their opinion regarding the entire internal affairs system of the Russian Federation. The authors view the subject matter from the point of view of the legal regulation of migration subdivisions' competences taking into account the current internal affairs system of the Russian Federation, analyze opportunities and efficiency of their implementation at the stage of reformation of Russia's Ministry of Internal Affairs structure. The research is based on the analysis of the history of migration authorities developent, applicable legal acts and regulations, their comparison, discovery and description of certain problems that may arise in the process of legal regulation of competences of the aforesaid subdivisions created and functioning at different territorial levels of the internal affairs bodies of the Russian Federation. The main results of the research include description of special competences of migration subdivisions at different levels of state management, particlarities of the legal regulation of their competences and activity arrangement, problems the Ministry of Internal Affairs faces and their solutions. The novelty of the research is caused by the fact that so far there have been no integral researches of the legal regulation of powers and migration subdivisions' activity arrangement under the conditions of reformation of Russia's Ministry of Internal Affairs structure. Conclusions made by the authors may be applied for improving the legal basis that regulates the legal position and migration subdivisions' activity arrangement at internal affairs bodies of the Russian Federation.