Izinger A.V., Groshev S.N. —
Separate question on prevention of alcohol abuse within the framework of administrative regulation of the Russian Federation
// NB: Administrative Law and Administration Practice. – 2020. – ¹ 4.
– P. 71 - 78.
DOI: 10.7256/2306-9945.2020.4.34193
URL: https://en.e-notabene.ru/al/article_34193.html
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Abstract: The object of this research is the social relations established in the context of regulatory impact of the government upon the model of alcohol consumption. The author explores the questions of effectiveness and sufficiency of measures taken within the framework of administrative legislation. The subject of this research is the legal norms, scientific sources and law enforcement practice that characterizes the key vectors of government activity on prevention of alcohol abuse. The scientific novelty consists in consideration of state policy in this regard, with the exclusion of repressive intervention into social relations associated with alcohol consumption if they do not cross the boundaries of acceptable behavior manifested in the facts of alcohol abuse. The article is dedicated to the questions of state policy aimed at prevention of alcohol abuse in the Russian Federation. The author reviews the role of government in regulation of social relations in this area, as well as determines the regulatory mechanism, including the norms of administrative legislation. The recent Russia’s experience in the struggle against drunkenness and alcoholism is described. The content of the Code of Administrative Offences of the Russian Federation is analyzed for determining the forms of regulatory influence upon the level and model of alcohol consumption. The author highlights the peculiarity of preventive impact of the norms of administrative legislation for actions related to alcohol abuse; notes separate flaws of administrative regulation in the area of prevention of alcohol abuse. Recommendations are made on the improvement of administrative legislation and law enforcement practice regarding the prevention of alcohol abuse.
Izinger A.V. —
Particular organizational and legal aspects of an external pat-down
// Police and Investigative Activity. – 2020. – ¹ 3.
– P. 29 - 39.
DOI: 10.25136/2409-7810.2020.3.34140
URL: https://en.e-notabene.ru/pm/article_34140.html
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Abstract:
The research subject is the set of laws regulating the grounds for and the procedure of an external pat-down by the police officers. The research object is social relations emerging during an external pat-down carried out by the police officers for the purpose of public order and safety protection. The article deals with the questions of public order protection by the police officers using an external pat-down. The author considers the problems of legal regulation of this type of search using comparative analysis, and defines the organizational aspects of an external pat-down. The author focuses on the legal grounds for the prevention of citizens’ counteraction to police officers performing an external pat-down. The scientific novelty of the research consists in the complex analysis of an external pat-down carried out by police officers for the purpose of personal safety protection. Based on the analysis of laws and law-enforcement practice, the author defines the tactics of police officers carrying out an external pat-down in situations beyond the scope of legal regulation. The author emphasizes the necessity to strictly observe civil and political rights during an external pat-down. In this context, the author draws attention to the peculiarities of carrying out an external pat-down by a police officer of the same gender as a searched person, and the legality of actions in case the objects, potentially dangerous for the police officers but not prohibited for civilian circulation, are found.
Izinger A.V. —
Particular law-enforcement aspects of establishing an objective side of an administrative offence specified in part 1, article 20.20 of the Administrative Offences Code of the Russian Federation
// Police and Investigative Activity. – 2019. – ¹ 4.
– P. 17 - 23.
DOI: 10.25136/2409-7810.2019.4.31782
URL: https://en.e-notabene.ru/pm/article_31782.html
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Abstract: The research subject is the legal provisions, scientific sources and law-enforcement practice characterizing an objective side of an administrative offence specified in part 1, article 20.20 of the Administrative Offences Code of Russia. Based on the analysis of statutory instruments, scientific literature and law-enforcement practice, the author outlines particular problems of defining the content of an objective side of alcoholic beverages consumption in places prohibited by federal law. The author substantiates the dependence of an objective side of an offence on its object and defines particular elements forming an objective side of alcoholic beverages consumption in prohibited places. The research methodology is based on the set of general scientific and specific research methods (formal-legal, analytical, systems method, analysis, synthesis, modeling, etc.). Based on the research, the author emphasizes that the key element in defining an objective side of an offence, specified in part 1, article 20.20 of the Administrative Offences Code of Russia, is the interpretation of this act as wrongful by society and citizens. The author emphasizes several aspects that are to be proved while defining the presence of all elements of an objective side. The scientific novelty of the research consists in the comprehensive analysis of theoretical, legal and practical aspects of establishing an objective side of alcoholic beverages consumption in places prohibited by federal law, and the formulation of a mechanism of its proving and formulating particular directions of the improvement of both the organizational and legal components of this process.