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
Read the article
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
Read the article
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. —
Legal framework of the institution of “undesirable residence” of foreign nationals in the Russian Federation in the context of the internal affairs bodies system reforming
// Administrative and municipal law. – 2017. – ¹ 1.
– P. 57 - 68.
DOI: 10.7256/2454-0595.2017.1.21505
URL: https://en.e-notabene.ru/ammag/article_21505.html
Read the article
Abstract: The research subject is the system of various statutory instruments regulating the possibility and legality of the internal affairs bodies’ decisions on the undesirability of residence of foreign nationals in the Russian Federation. The author considers the problem from the position of internal affairs bodies participation in the process of migration regulation and state security provision via control and supervision mechanisms in the considered sphere. The research is based on the analysis of the current Russian legislation, detection of its gaps, prognostication of the related problems and defining the directions of improvement of particular legal provisions in the considered context. The author, on the one hand, detects and systematizes the key statutory instruments in this sphere in respect of internal affairs bodies, and on the other hand, particularizes the existing legislative gaps. This issue hasn’t been studied in the context of internal affairs bodies’ activities so far.