Question at hand
Reference:
Trunov, I.L.
Problems of guaranteeing security of advocates in Russia.
// Police activity.
2014. ¹ 5.
P. 409-415.
URL: https://en.nbpublish.com/library_read_article.php?id=65523
Abstract:
The article concerns legal and organizational problems of guaranteeing security of the
advocates. That is why, based upon the object of studies, it is noted in the article that the opposition
between a good-faith advocate on one hand, organized crime and corrupt offi cials on the other hand
are present in any political system and in any state. The opposition between the priority of human
rights and its abuse by the criminals is inevitable. It should be noted that professional activities of an
advocate are related to high risks for health and life, requiring state protection and stricter criminal
responsibility for encroachments upon the health, life, and property of an advocate. The methodological
basis for the article was formed with the modern achievements of the cognition theory. In
the process of studies the author used general philosophical, theoretical and empiric methods (dialectics,
systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional
legal methods ( formal logic method), and methods typical for specifi c sociological studies (statistical,
expert evaluation, etc.). It is noted in the article that an advocate is an inalienable part of justice,
and his main goals are to protect basic human rights and freedoms, to guarantee qualifi ed legal aid,
to facilitate justice and humanity, formation of the rule-of-law state. Formally, there is legal regulation
of state protection of advocates, however, it does not function. That is why, the author makes specifi c
proposals in order to improve the level of security of advocates.
Keywords:
advocate, security, advocacy, life, protection, health, means, the MIA, the FSS, judge.
Reforming and upgrading the police
Reference:
Semenov, A.O.
Police reform in Georgia. Is it possible to apply its positive experience in Russia?
// Police activity.
2014. ¹ 5.
P. 416-423.
URL: https://en.nbpublish.com/library_read_article.php?id=65524
Abstract:
The article provides a comprehensive evaluation of specifi c features of the reform of
internal affairs bodies in Georgia. The Georgian reform has attracted much attention of the mass
media, and it was actively discussed by the state bodies. It should be noted that in the late years
in Russia the internal affairs bodies are constantly being reformed. It is noted that in general the
results of transformation of the police from the corrupt executive body into the system setting a fi ne
example of justice and virtue are not yet achieved. This fact is related to the object of this study,
allowing to compare the reform of the Ministry of Internal Affairs of Russia and the reform of the
Ministry of Internal Affairs of Georgia. In the process of studies the author used general philosophical,
theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy,
deduction, observation, modeling), traditional legal methods ( formal logic method), and methods
typical for specifi c sociological studies (statistical, expert evaluation, etc.). It is also necessary to
note that the Georgian reform of the internal affairs bodies is rather successful, since it has formed
an effi cient system of law-enforcement bodies, which was cleansed from corruption, and which
has valuable cadres apparatus. The article evaluates positive aspects of this reform, which may
be implemented in the Russian Federation. For this matter, the article may be of both theoretical
and practical interest.
Keywords:
reform, police, MIA, police, DIA, lawfulness, legal order, protection, guarding, modernization.
Administrative activity of the police
Reference:
Tadzhibov, V.R.
Procedural and material grounds for the administrative responsibility in the activities of the
Russian police.
// Police activity.
2014. ¹ 5.
P. 424-431.
URL: https://en.nbpublish.com/library_read_article.php?id=65525
Abstract:
The article concerns grounds for the administrative responsibility. The author discusses
the specific features of administrative offences, its elements, and makes a conclusion,
that definition of an administrative offence according to the Administrative Offences
Code of the Russian Federation should be amended to include public danger. It is noted in
the article that the natural element of any administrative offence is its public danger. Administrative
offences in the sphere of public events are not homogenous by their nature.
The methodological basis for the article was formed with the modern achievements of the
cognition theory. In the process of studies the author used general philosophical, theoretical
and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction,
observation, modeling), traditional legal methods ( formal logic method), and methods typical
for specific sociological studies (statistical, expert evaluation, etc.). This matter has to
do with the fact that an administrative offence is behavior, which is prohibited by the norms
of administrative law, that is, it contradicts the prescriptions of administrative law. If public
danger is an objectively present quality of certain acts, the legislator provides for their unlawfulness
in the norms prohibiting such acts. Public danger of an act does not necessarily
mean that it is always unlawful, since sometimes the legislators fail to react to the presence
of acts dangerous for the public by establishing its prohibition in the timely fashion.
Keywords:
police, process, grounds, sanctions, stage, proceedings, administrative, elements, characteristic feature, punishment.
The police and criminal procedure
Reference:
Dosaeva, G.S.
Problems of qualifi cation of multiple crimes.
// Police activity.
2014. ¹ 5.
P. 432-440.
URL: https://en.nbpublish.com/library_read_article.php?id=65526
Abstract:
It is noted in the article that qualification of a crime is establishing correspondence
between the elements of crime committed and the elements of certain crime established by
the relevant article of the Criminal Code of the Russian Federation. Being a constituent element
of the activities of competent officials, and in some cases, the judges, on application of
criminal law, qualification is a thinking process of the official, including comparison of elements
of an act committed and the elements within a certain crime established by law. Based upon
the above, the author makes a conclusion that the result of this comparison is legal evaluation
of the act committed. Based upon this methodological basis, the author forms the object
of studies regarding multiple crimes. The methodological basis for the article was formed with
the modern achievements of the cognition theory. In the process of studies the author used
general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis,
synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic
method), and methods typical for specific sociological studies (statistical, expert evaluation,
etc.). It is established in the article that a number of issues regarding qualification of multiple
crimes concerns evaluation of criminal activity of a guilty person as process developing in time
and space. That is why resolution of the problem is not directly provided for by the law, however,
it follows from the existing practice of its application. Two situations are possible here,
both theoretically and practically.
Keywords:
crime, punishment, qualifi cation, multiplicity, sanction, criminal, law, judge, court, problem.
The police and issues in the fight against corruption
Reference:
Bukalerova, L.A.
Problems of fi ghting intermediary in bribery in foreign states and international standards
for fi ghting corruption.
// Police activity.
2014. ¹ 5.
P. 441-447.
URL: https://en.nbpublish.com/library_read_article.php?id=65527
Abstract:
It should be noted that membership of the Russian Federation in a number of international
organizations imposes many international legal obligations on it, including those in the sphere of
fi ghting corruption within the state service system. It may be proven by ratifi cation of the UN Convention
against Corruption in 2006. That is why, studying the norms of international law containing legal
means of its prevention and interception forms a priority direction for the studies in the sphere of
fi ghting corruption. A number of legal and organizational events may be held in this sphere: holding
scientifi c studies of corruption problems, mutual consultations in the sphere of fi ghting corruption.
The methodological basis for the article was formed with the modern achievements of the cognition
theory. In the process of studies the author used general philosophical, theoretical and empiric methods
(dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling),
traditional legal methods ( formal logic method), and methods typical for specifi c sociological studies
(statistical, expert evaluation, etc.). Consultations on the problems of national and international corruption
could have aided the states in joining their efforts for the sake of prevention and interception
of corruption, forming databases on national laws, forms, methods and means of prevention and
interception of corruption, providing assistance in choice and training of the personnel for the anticorruption
campaigns, as well as the development of anti-corruption standards for the behavior of
public servants and anti-corruption expertise of legal norms, etc.
Keywords:
corruption, bribery, tampering, fi ghting, standard, counteraction, offi cial, the UNO, crime, position.
Serving in the police
Reference:
Dresvyannikova, E.A.
Some issues regarding quality selection of candidates for the service in the internal affairs
bodies.
// Police activity.
2014. ¹ 5.
P. 448-451.
URL: https://en.nbpublish.com/library_read_article.php?id=65528
Abstract:
In the conditions of the dynamic changes in the political, economic and social spheres
in Russia, there is a topical issue regarding quality selection of candidates for the service in the
internal affairs bodies. However, special attention should be paid at the very starting stage, when
the candidates are chosen for the service. The author of this article evaluates various directions of
improvement in the work of the cadres divisions and psychologists when selecting candidates for the
service. It seems that at the current stage of development of the internal affairs bodies, cadres profi ling
should be included, in order to ensure compliance of the candidates with the requirements for
the positions. Additionally, the psychologists, who take part in selection of candidates for the service,
should take into account the practical value of emotional intellect, being able to recognize it and take
it into account when interacting with the future offi cers. When solving scientifi c problems in order to
achieve the goal of the study the author applied general scientifi c methods (deduction, analysis, synthesis,
comparative method), as well as some special scientifi c methods. The article concerns the
issues of modern effi cient professional training of the internal affairs bodies personnel. In the conditions
of the ongoing reform of the Ministry of Internal Affairs of the Russian Federation the author
proposes her position on resolving some problems regarding quality selection of candidates for the
service. Attention is paid to the work of the cadres divisions, as well as to the psychological support
of this sphere of activities.
Keywords:
cadres, psychologists, candidates for the service, internal affairs bodies, professional training, profi ling, intellect, emotions, regulation, education.
Police officer liability
Reference:
Grishkovets, A.A.
The project of the Disciplinary Charter of the Internal Affairs Bodies of the Kyrgyz Republic:
positive and negative features.
// Police activity.
2014. ¹ 5.
P. 452-462.
URL: https://en.nbpublish.com/library_read_article.php?id=65529
Abstract:
The article concerns legal and organizational fundamentals of lawfulness guarantees of
discipline in the service of the internal affairs bodies in the Kyrgyz Republic. Through this prism the
author provides proposals for the improvement in the relevant sphere in the Russian Federation. It
is noted in the article that the experience of developing the Disciplinary Charters is present in Russia.
One of the fi rst such acts was adopted in 1984 in the Soviet time. Currently many post-Soviet
states return the practice of adoption of such documents. That is why the author applies the method
of comparative legal studies, comparing the Disciplinary Charters of Russia and Kyrgyzstan, and
formulating relevant proposals. The methodological basis for the article was formed with the modern
achievements of the cognition theory. In the process of studies the author used general philosophical,
theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy,
deduction, observation, modeling), traditional legal methods ( formal logic method), and methods
typical for specifi c sociological studies (statistical, expert evaluation, etc.). It is noted in the article
that disciplinary responsibility is an independent type of legal responsibility, and it holds an important
place in the matters of strengthening lawfulness and discipline in the service activities in the public
service, including service in the internal affairs bodies. At the same time, guaranteeing lawfulness
and service discipline is especially important, since internal affairs bodies, including militia (police)
have the largest personnel, and they are closest to the population, their contacts with the population
in its everyday life being various.
Keywords:
Charter, police, the DMA, MIA, responsibility, coercion, lawfulness, discipline, sanction, law.