Shcherbakov O.N., Diyanich V.Y. —
Interaction of internal affairs agencies (the police) with citizens on issues relating to public order protection
// Police activity. – 2019. – ¹ 5.
– P. 37 - 46.
DOI: 10.7256/2454-0692.2019.5.30843
URL: https://en.e-notabene.ru/pdmag/article_30843.html
Read the article
Abstract: The research subject is social relations involving voluntary participation of citizens in the activities aimed at public order protection. The research object is the cooperation between citizens and police officers aimed at public order protection. The authors study such aspects of the topic as cooperation and its effectiveness using the example of the police and citizens. The authors consider in detail the content of the term ‘cooperation’ and the effectiveness of such activities in terms of the current socio-economic relations. The authors study the key directions of interaction of the police and citizens on issues of public order protection, analyze the content of these activities using the experience in Russia and abroad. The research is based on the complex usage of general scientific methods of cognition along with empirical and theoretical approaches. The authors conclude that it is necessary to correct statistical registration of the effectiveness of public activities aimed at public order protection which help to monitor the situation; to focus the volunteering citizens’ potential on the fixation of wrongdoings, which can help searching for and checking factual circumstances of the events under consideration.
Shcherbakov O.N. —
Training People's Squads for Public Order Measures: Theory and Practice
// NB: Administrative Law and Administration Practice. – 2018. – ¹ 4.
– P. 32 - 37.
DOI: 10.7256/2306-9945.2018.4.26379
URL: https://en.e-notabene.ru/al/article_26379.html
Read the article
Abstract: The subject of the research is the legal acts and law-enforcement practice of people's squads and their role in the public order enforcement. The object of the research is the social relations related to the participation of people's squads in the public order protection. The author of the article examines such issues s the organisational aspects of training people's squads for public order measures, in particular, training people's squads to act under conditions when the first aid is needed. The methodological basis of the research is the dialectical research method. In the course of writing the article the author has also applied statistical, formal law method, comparative analysis, comparative law methods. The main conclusions of the research are as follows: taking into account time standards, gender and age peculiarities and diversity of physical and professional training of individuals, it is practically impossible to teach the people's squads specific skills like capable opposition to wrongdoings. Thus, it is necessary to teach the first aid and to act properly in situations when physical force has been applied.
Shcherbakov O.N. —
The State of the Current Russian Federation Laws Regulating Participation of Citizens in the Enforcement of Public Order
// NB: Administrative Law and Administration Practice. – 2018. – ¹ 2.
– P. 31 - 41.
DOI: 10.7256/2306-9945.2018.2.27245
URL: https://en.e-notabene.ru/al/article_27245.html
Read the article
Abstract: The subject of the research is regulatory legal acts and law enforcement practice of citizen participation in the protection of public order.The object of the research is public relations related to the participation of citizens in the protection of public order. The author examines the content of regional and federal legislation on the participation of citizens in the protection of public order. Particular attention is paid to the possibilities for citizens involved in the protection of public order, physical force to prevent crimes and administrative offenses, including the detention of persons who have committed them, as well as the implementation of preventive measures. The methodological basis of the study is the the dialectical analysis. The author has also applied statistical, formal-logical, comparative analysis, and comparative legal methods. The main conclusions of the conducted research are the following: the system of crime prevention is implemented in the framework of the practical activities of state prevention subjects with the participation of individuals, public associations and other organizations; the substantive part of regional legislation on the issue of citizen participation in the protection of public order is the actual copying of the law “On the participation of citizens in the enforcement of public order” without taking into account the peculiarities of the region of law enforcement; powers of citizens participating in the protection of public order prevents them from exercising their legal functions to curb offenses, safeguard the scene of the incident, and ensure the preservation of physical evidence in cases accompanied by active disobedience and opposition from offenders.
Shcherbakov O.N. —
The Main Stages and Forms of Interaction with Stage Authorities Regarding Public Order Enforcement
// NB: Administrative Law and Administration Practice. – 2017. – ¹ 5.
– P. 22 - 30.
DOI: 10.7256/2306-9945.2017.5.25571
URL: https://en.e-notabene.ru/al/article_25571.html
Read the article
Abstract: The subject of the research is the legal rules and regulations of the Soviet and post-Soviet periods on public order enforcement. The object of the research is the social relations that relate to the participation of population in the process of public order enforcement. The author of the article examines procedural and institutional issues of citizens invovelement into public order enforcement. In his article Scherbakov pays special attention to the administrative law status of citizens who participate in the process of public order enfrocement, in particular, their legal security, rights to apply enforcement measures and their interaction with law-enforcement organisations. The methodological basis of th research includes managerial rules, laws and regulations of state authorities regarding public order enforcement and crime prevention. When writing the article, the author has also used such methods as comparison, abstraction, analysis and synthesis, and ascention from the abstract to the concrete. The main conclusions of the research are the following: the institution of citizens' participation in public order enforcement had certain drawbacks such as: the principle of voluntariness was not observed when brigades were formed. The brigades mostly involved elderly people and teenagers. Special brigades were used for purposes other than public order enforcement and the quality of their work was raised by attracting more participants which was needless. Their preparation and training did not have the system nature.
Shcherbakov O.N. —
Particular aspects of participation of citizens in public order protection
// Administrative and municipal law. – 2016. – ¹ 5.
– P. 382 - 386.
DOI: 10.7256/2454-0595.2016.5.16772
Read the article
Abstract: The research subject includes the statutory instruments and law enforcement practice regulating the participation of citizens in public order protection. The research object is the range of public relations emerging in the process of participation of citizens in public order protection. The author considers such aspects of the topic as measures of coercion application by the citizens participating in public order protection, particularly the conveyance and detention of an offender. Special attention is paid to the aspects of people’s guards training in various spheres of their activity including use of force and first aid dressing. The research methodology is based on the dialectical method of cognition. The author applies sociological, statistical, formal-logical, comparative legal methods and the method of comparative analysis. The conclusions are as follows:
- It is necessary to consider the possibility of use such measures of coercion as conveyance and detention of an offender by people’s guards;
- It is necessary to correct the aspects of people’s guards training in the main spheres of their activity including use of force and first aid dressing;
- It is necessary to provide the possibility of legal protection of citizens participating in public order protection;
- It is necessary to study the need for the inclusion of a prohibition of suppression of facts about the planned or committed crimes and administrative offences by the citizens participating in public order protection into the list of elements of their administrative and legal status.
The paper contains a comprehensive analysis of theoretical and legal aspects of participation of citizens in public order protection.
Shcherbakov O.N. —
Particular issues of an administrative case initiation
// Administrative and municipal law. – 2016. – ¹ 4.
– P. 338 - 342.
DOI: 10.7256/2454-0595.2016.4.16742
Read the article
Abstract: The research subject is the stage of initiation of an administrative case. The research object is a pretest of information containing the essential elements of an administrative offence. The author considers such aspects of the topic as the stage of the pretest of information about the committed administrative offence and the order of activities of the subjects of administrative jurisdiction in this situation. Special attention is paid to the meaning of the elements of an administrative offence at the moment of deciding about the essence of the pretest of information containing the essential elements of an administrative offence. The author applies the methods of empirical, experimental-theoretical, and theoretical levels, i.e. comparison, generalization, analysis and synthesis, analogy, interviewing, and the logical method. The author comes to the following conclusions: the provisions of particular departmental statutory instruments, related to the order of consideration of reports and requests about administrative offences, contradict the provisions of the Code of Administrative Offences of the Russian Federation; there exists a legal gap hampering the definition of the period of duration of a pretest of actions (inactions) of persons for the purpose of detecting the essential elements of an administrative offence; an administrative case can be initiated, provided that there is a legal reason and information related to an objective side of the elements of an administrative offence, including the object and the objective side, but most factors, defining the moment when an administrative case is initiated, require the presence of a subject of an administrative offence. The scientific novelty lies in the study of changes in the legislation concerning the proceedings on the stage of an administrative case initiation.