The police and protection of human rights
Reference:
Admiralova I.A.
On the issue of administrative activity of the police and the protection of civil rights and liberties
// Police activity.
2016. ¹ 5.
P. 449-455.
URL: https://en.nbpublish.com/library_read_article.php?id=68177
Abstract:
The research subject is the means of protection of civil rights and liberties in the Russian Federation. The author considers different levels of legal consolidation of the protection of civil rights and liberties and the reasons for their application, choosing the appropriate means of protection and the observance of the procedure of their implementation. The article discusses the idea that in its administrative activity, focused on the protection of civil rights and liberties, the police uses various approaches, thus applying a wide range of legal means designed for various situations. The research methodology is based on the dialectical method of cognition. The author applies the system and the activity approach and studies the protection of civil rights and liberties by the police from the position of the search for the patterns and interconnections, typical for their components. The author detects the basic principles of administrative activity of the police and solves the problems of their realization in the sphere of the protection of civil rights and liberties. The study reveals certain elements of administrative mechanism of the protection of civil rights and liberties in the police activities. The author defines the effectiveness criteria of administrative activities of the police, aimed at the protection of civil rights and liberties.
Keywords:
permissive measures, offence, administrative protective measures, observance of lawfulness, legal regulation, administrative activity effectiveness, means of protection, civil rights, protection, administrative activity of the police
The police and criminal procedure
Reference:
Sotskov F.N.
Analysis of parties’ parity in the proceedings on the petition for choosing (renewal) of a measure of restriction
// Police activity.
2016. ¹ 5.
P. 456-461.
URL: https://en.nbpublish.com/library_read_article.php?id=68178
Abstract:
The research subject is the range of legal and procedural problems of choosing a measure of restriction in criminal proceedings. The author analyzes the process of choosing a measure of restriction from the position of defense. The topicality of the problem is conditioned by the practice of consideration of petitions, initiated by investigative agencies, for choosing or renewal of a measure of restriction against the accused or the suspect. It seems that this process often violates the provisions of the Constitution of the Russian Federation and the rules, established by the criminal procedural law, which order to exercise the court procedure on the base of equity and the adversarial nature of the proceedings. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal-logical) and special sociological methods (statistical, expert assessments, etc.). The author attempts at analyzing the parity of the parties to the court proceedings in choosing (renewal) of a measure of restriction. The analysis is based on the logical, empirical, formal-legal, formal-abstract and other methods of scientific cognition. In the author’s opinion, his conclusions are necessary for the further study of the mentioned issue, and the suggestions are sufficient enough to amend the regulations of the criminal procedural law thus promoting trust in the judicial power.
Keywords:
renewal, choosing, petition, measure, process, restriction, advocate, prosecutor, investigator, court
Operative investigation in police work
Reference:
Ondar A.E.
On the regional internal affairs agencies’ authorities in border cooperation in the sphere of investigative activities
// Police activity.
2016. ¹ 5.
P. 462-466.
URL: https://en.nbpublish.com/library_read_article.php?id=68179
Abstract:
The research object is the range of legal and organizational problems of border cooperation of regional agencies of the Ministry of Internal Affairs of the Russian Federation with the agencies of foreign states in the sphere of investigative activities. The author analyzes international and domestic statutory instruments, related to border cooperation of Russia’s Ministry of Internal Affairs with the agencies of foreign states in the sphere of investigative activities, and the organizational issues of its realization by regional agencies of the Ministry of Internal Affairs. The research methodology is based on the modern achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal logical), and special sociological methods (statistical, expert assessments, etc.). The author states the necessity to develop border cooperation in the sphere of investigative activities. The scientific novelty of the study consists in the proposals about the introduction of the post of liaison officers in regional agencies of the Ministry of Internal Affairs for the purpose of cooperation with the responsible authorities of foreign states.
Keywords:
competent authorities, transnational crime, investigation activity, Ministry of Internal Affairs of the Russian Federa, border cooperation, international relations, agreement, authority, foreign state, interaction
The police and issues in the fight against corruption
Reference:
Pan'shin D.L.
Quantitative and qualitative assessment of corruption-related crimes in the economic sphere: analysis of Russia’s victimologic statistics for 2012 – 2014
// Police activity.
2016. ¹ 5.
P. 467-475.
URL: https://en.nbpublish.com/library_read_article.php?id=68180
Abstract:
The research provides quantitative and qualitative assessment of the official statistical rates of corruption related crimes in Russia’s economics. The analysis of statistical indexes helps provide insight into the condition and the dynamics of corruption-related crimes as the components of economic crimes in the period of 2012 – 2014. The author considers the assessments of victims of crimes against property, crimes in the economic sphere, crimes against service in commercial and other organizations, crimes against public authority, interests of public service and local governments as the components of corruption-related crimes in the economic sphere. The author points out particular problems of Russian victimologic statistics, hampering the understanding of the processes in this criminal milieu. The author applies the method of comparison of quantitative and qualitative indexes of victims of corruption-related economic crimes. The author compares the quantitative indexes ratio with the total number of economic and corruption-related crimes for this period. The author characterizes the quantitative and qualitative indexes of Russia’s victimologic statistics of corruption-related economic crimes for 2012 – 2014. The author concludes that the official departmental statistic information is based on the principle of the Criminal Code of the Russian Federation and its chapters. At the same time, according to the order of the General Prosecutor’s Office of the Russian Federation, the formation of statistical indexes of crimes is based on the objective and subjective essential elements of particular offences. It demonstrates the decrease of the number of crimes of this type along with the significant growth of the amount of material damage to legal entities.
Keywords:
natural person, legal entity, statistics, victimization, victimity, victim, economic crime, corruption, damage, official
The police and issues in the fight against corruption
Reference:
Polukarov A.V.
Foreign experience of struggle against corruption-related crimes in the social sphere
// Police activity.
2016. ¹ 5.
P. 476-485.
URL: https://en.nbpublish.com/library_read_article.php?id=68181
Abstract:
The article studies corruption-related crimes in the social sphere. The author notes the common feature of corruption-related crimes in this sphere in Russia and abroad – the absence of special components of corruption-related crimes in the social sphere. Indeed, the legislation of Russia and foreign state doesn’t provide special components of corruption-related crimes in the social sphere. The only exceptions are the acts of corruption in particular public functions (for example, in delivery of justice). In such cases, special components of corruption-related crimes are separated on the base of the peculiarities of a subject or an object of a crime and are limited to performing the functions in the sphere of delivery of justice, electoral law, military service, etc. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author applies general scientific methods, including the methods of analysis, synthesis, comparison and measurement. Among special methods, the author uses formal legal and comparative legal methods. The author finds out that in the states with the prevailing private sector of the economy, there are practically no corruption-related crimes on the basic level, i.e. on the level of interaction between a student or a patient with a teacher or a doctor, since most corruption-related crimes are committed on the level of subjects interacting with public authorities (private clinic, private educational institutions, etc.).
Keywords:
medical services, international legal acts, social security, corruption-related crimes, criminal law, social sphere, prevention, corruption, law enforcement agencies, international law
The police and issues of the fight against terror and extremism
Reference:
Abramov V.V.
Problems of legal groundwork for law enforcement activity of internal affairs agencies in the sphere of information struggle against extremism
// Police activity.
2016. ¹ 5.
P. 486-491.
URL: https://en.nbpublish.com/library_read_article.php?id=68182
Abstract:
The research is aimed at a further improvement of legal groundwork for law enforcement activities of internal affairs agencies in the sphere of information struggle against extremism. The author studies social relations in the sphere of information struggle against extremism. The research subject is the legal forms of information struggle against extremism in the activities of internal affairs agencies. The author studies particular legal problems of different branches of law, hampering the effective work of internal affairs bodies in the sphere of information struggle against extremism. The research methodology is based on general scientific methods (historical-legal and dialectical) and special scientific methods (formal-logical). The considered problems point at some aspects of the imperfection of legal provision of law enforcement activity of internal affairs agencies in information struggle against extremism, and define the current condition and some trends of development of modern legislation in this sphere. “In this context, the imperfection of state regulation, on the one hand, negates the effectiveness of the system of information security provision, and on the other hand, serves as a source of various threats to information security. Many remaining shortcomings of lawmaking are conditioned by the imperfection or the lack of instruments and procedures, ensuring timely and sufficient expertise of basic draft laws”. It proves the need for a further scientific and practical consideration of the problems of legal groundwork for law enforcement activities of internal affairs agencies for a more effective information struggle against extremism.
Keywords:
extremist materials, extremist activity, extremism, struggle against, legal problem, legal groundwork, internal affairs agencies, information, information struggle, information sphere
The police and issues of the fight against terror and extremism
Reference:
Beshukova Z.M.
Participation in an extremist group: some issues of legislative regulation and law enforcement
// Police activity.
2016. ¹ 5.
P. 492-502.
URL: https://en.nbpublish.com/library_read_article.php?id=68183
Abstract:
The paper is devoted to the issue of legal responsibility of a person for participation in an extremist group (part 2, article 282.1 of the Criminal Code of the Russian Federation). One of the most complicated problems of law enforcement activity is the problem of particular actions, the participation in an extremist group is reflected in, and the degree of involvement. The criminal legislation of Russia doesn’t range participation in an extremist group according to the degree of involvement in its activities, and legal science studies qualify this problem as a disputable one. The research methodology is based on the provisions of the dialectical method of cognition of phenomena and processes of the objective reality. The author also applies modern general scientific and specific research methods: logical and legal, comparative-legal, system-structure analysis, etc. The author analyzes the judicial practice related to the problem of qualification of a person’s participation in organized criminal groups. The author analyzes the character of participation of a person in particular criminal groups, described in the Special Part of the Criminal Code of the Russian Federation, which aim at committing particular crimes or a further involvement in criminal activities, and comes to significant conclusions. The author makes particular proposals about the improvement of the current criminal legislation, helping optimize combating extremism and terrorism.
Keywords:
objective aspect of crime, punishment, preparation for crime, accomplice of the crime, criminal responsibility, illegal armed group, terrorism, extremist group, extremism, Supreme Court
Professional training of police officers
Reference:
Kudryashov N.I., Kolobaev S.A.
Some aspects of the theta waves fighting phenomenon in the practice, theory and methods of martial arts
// Police activity.
2016. ¹ 5.
P. 503-508.
URL: https://en.nbpublish.com/library_read_article.php?id=68184
Abstract:
The research object is the integral wave motion system. The research subject is the theta waves fighting (or vibration fight) phenomenon within the integral wave motion system. Among the variety of approaches to the theory and methods of martial arts, the new vibration fighting (or theta fighting) approach is standing out within the integral wave motion system. It is based on the methodological principle of the wave of muscles transformations or a logical combination of muscular straining and relaxation in different parts of the body, leading to the actualization of reserve abilities of the body, hitting power strengthening, increase of speed and strength endurance, mental stability and the improvement of social adaptation of a person. The vibration fighting system within the integral wave motion system is only a part of the system, which includes the problems of improvement of social communication, optimization of gender and role relations, the issues of personal growth and psychological self-regulation. The research method is theoretical reconstruction of the sources on the integral wave motion system, the analysis of practical results of application of the vibration fighting method, the comparison and systematization of scientific facts. The authors analyze and generalize the use of theta waves fighting and recommend the inclusion of theta fight training into the process of cadets training. The theta ways fighting system doesn’t substitute the general martial arts training, but supplements it with the mental stability training component.
Keywords:
self-regulation, stability, homeostasis, supermotion, phase relations, wave of muscles transformations, tendon training, martial arts methodology, corporality, theta waves fighting
Professional training of police officers
Reference:
Egoshin I.V., Skipskiy G.A.
On the issue of occupational guidance improvement in internal affairs agencies
// Police activity.
2016. ¹ 5.
P. 509-519.
URL: https://en.nbpublish.com/library_read_article.php?id=68185
Abstract:
The research subject is the organization and realization of occupational guidance of internal affairs officers candidates by the current internal affairs officers of the Russian Federation. The authors consider the issues of organization of selection of candidates for the institutions of higher education within the internal affairs system of the Russian Federation. Special attention is paid to the problem of organization of professional informing (professional education) about the study in educational institutions of the Ministry of Internal Affairs; organization of professional consultation by internal affairs officers; organization of occupational selection of candidates for educational institutions of the Ministry of Internal Affairs. Special attention is also paid to the analysis of the problems of occupational guidance improvement among the students of secondary general education and secondary professional education institutions. The research object includes the students of secondary general and secondary professional education institutions. The authors apply the method of collective phenomena studying, including questioning the 1st and 2nd-year students of the Ural Law Institute of the Ministry of Internal Affairs of the Russian Federation, conducted according to the certain plan with the help of special questionnaires. The authors substantiate the necessity to organize occupational guidance work with the parents of potential candidates for educational institutions of the Ministry of Internal Affairs and with the students of secondary general and secondary professional education institutions. The authors find out that the modern youth is more independent in choosing the future career, and at the same time, young people suffer from the lack of information about the service in internal affairs agencies and the specificity of police service in Russia. The authors emphasize the recommendation to maintain the opportunity for the candidates for educational institutions of the Ministry of Internal Affairs to stay in touch with the officers of personnel departments and other divisions of internal affairs agencies by means of regular joint events with school graduates and undergraduates.
Keywords:
questioning, students, internal affairs agencies, professional consultation, professional informing, professional selection, occupational guidance, applicants, selection of candidates, cadets
International police cooperation
Reference:
Truntsevskiy Yu.V., Sukharenko A.N.
Russia-South Ossetia cooperation in the sphere of struggle against organized crime
// Police activity.
2016. ¹ 5.
P. 520-525.
URL: https://en.nbpublish.com/library_read_article.php?id=68186
Abstract:
The article focuses on the problems of transnational organized crime which poses a serious threat to international security and strategic stability. Therefore, international cooperation in preventing it is Russia's foreign policy priority. This article contains the analysis of the provisions of treaties between Russia and South Ossetia "On alliance and integration" and "On mutual assistance in criminal cases", ratified in 2015. Special attention is paid to the issues of bilateral cooperation in the sphere of struggle against organized crime.The main attention is paid to the development of methods and methodologies of preventing various forms of organized crime. Besides, the article provides the theoretic and legal analysis of the concepts of development of the legislation on preventing economic crimes. The paper demonstrates the authors' position on the interpretation and legal regulation of these categories. The research methodology is based on the recent achievements in epistemology. The authors apply general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, modeling), traditional methods of jurisprudence (formal logical), and special methods of sociology (statistical, expert evaluation, etc.).The authors conclude that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of struggle against organized crime. The authors state the necessity to develop legal regulation of economic security. The scientific novelty of the study consists in the proposals about the development of forms and methods of struggle against organized crime.
Keywords:
policy, transnational, sphere, punishment, form, drug trafficking, struggle, cooperation, Ossetia, crime