Vodianaia M., Lyashuk A.V. —
Theoretical Understanding and Practical Implementation of Administrative Responsibility for Beatings
// Administrative and municipal law. – 2023. – ¹ 6.
– P. 50 - 62.
DOI: 10.7256/2454-0595.2023.6.39697
URL: https://en.e-notabene.ru/ammag/article_39697.html
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Abstract: The object of the study is social relations related to the protection of physical health and mental, moral and moral well-being of the individual.
The subject of the study are the norms of administrative and criminal legislation establishing responsibility for beatings, materials of law enforcement practice of internal affairs bodies and the activities of courts of general jurisdiction in cases of this category. The authors consider in detail the features of objective signs of the legal composition of an administrative offense provided for in Article 6.1.1. of the Administrative Code of the Russian Federation. Modern approaches to understanding the physical and psychological security of the individual are investigated. Particular attention is paid to the procedure of actions of police officers in identifying, suppressing and documenting torts containing signs of beatings. The work used a set of general scientific methods of cognition (dialectical, systematic approach), as well as private scientific research methods, such as formal legal, statistical and sociological methods. The scientific novelty of the study lies in the concept proposed by the authors to determine the object of such an offense as beatings. Under the object of the considered tort, the authors propose to understand the totality of the legally protected rights of citizens to the psychological and physical integrity of the individual. A special contribution of the authors to the study of the topic is the proposed algorithmization of the actions of law enforcement officers in the course of law enforcement activities in cases of beatings.
Vodianaia M., Lyashuk A.V. —
Proving in cases of administrative offenses provided for in Article 6.1.1 of the Administrative Code of the Russian Federation (Beatings)
// Administrative and municipal law. – 2022. – ¹ 1.
– P. 1 - 9.
DOI: 10.7256/2454-0595.2022.1.36966
URL: https://en.e-notabene.ru/ammag/article_36966.html
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Abstract: The object of the study is a set of administrative and legal relations arising in the field of the implementation of tasks by the police and functions for bringing to administrative responsibility for beatings.
The subject of the study is the norms of Russian legislation regulating the process of collecting evidence in cases of this category, as well as the problems of law enforcement practice caused by the lack of a unified approach to the formation of the evidence base. The authors consider the features of the administrative and jurisdictional activities of the police aimed at bringing the perpetrators of beatings to administrative responsibility.
In the course of the study, private scientific methods were used, such as formal-logical, statistical research methods; analysis of documents.
Based on the analysis of law enforcement practice, as well as court decisions made by courts of general jurisdiction and justices of the peace, the article reveals the features of collecting and forming an evidence base that allows for comprehensive, complete, objective and timely clarification of the circumstances of cases involving persons guilty of battery to administrative responsibility under Article 6.1.1 of the Administrative Code of the Russian Federation, as well as its resolution is in accordance with the law. The trends that have developed to date in judicial practice on the consideration of cases of these administrative offenses are analyzed and determined. The results of the study are correlated with the legal positions of the higher courts.
Vodianaia M., Lyashuk A.V. —
Countering manifestations of extremism in the implementation of administrative supervision and judicial control in the field of communications, information technology and mass communications
// Police activity. – 2020. – ¹ 5.
– P. 18 - 28.
DOI: 10.7256/2454-0692.2020.5.34139
URL: https://en.e-notabene.ru/pdmag/article_34139.html
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Abstract: The article is aimed at further improving the legal support of law enforcement activities of internal affairs bodies in the field of countering extremism. The subject of the study is the norms of administrative legislation regulating public relations in the field of administrative supervision of the police and judicial control in the field of countering administrative offenses of extremist orientation in the telecommunications network "Internet", as well as materials of judicial practice and law enforcement activities of police officers. The work uses a set of general scientific methods of cognition, such as dialectical, hermeneutical and systematic approach. Private scientific methods were used, such as formal legal and statistical research methods. Â The authors consider in detail the problem of optimizing counteraction to extremism in the process of administrative supervision of the police, as well as as a result of judicial control over the resolution of cases of administrative offenses of extremist orientation identified during the implementation of state supervision in the field of communications, information technology and mass communications. The characteristic mistakes of law enforcement are revealed, consisting in the excessive application of administrative coercion measures to persons brought to administrative responsibility for extremism. The authors come to the conclusion that it is necessary to change the approach in the perception of the concept of "extremism" in the telecommunications sphere as a phenomenon of "extreme" radical behavior. The ways of improving legislation and law enforcement activities in this area are proposed.